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2019-08-19_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, August 19, 2019 6:00 pm 8th Floor Common Council Chamber (Ludlow Room), City Hall Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of July 29, 2019 5-35 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Hon. Jeff Carr Letter re Federal Gas Tax Fund (GTF) — 2019 Allocation 36-36 (Recommendation: Receive for Information) 5.2 Financial and Compliance Audit Report for the Funding Agreement with the 37-62 Province (Recommendation in Report) 5.3 Tender No. 2019-084101T: Dredging Lancaster Lagoon (Recommendation in 63-65 Report) 5.4 Contract No. 2019-20 Crack Sealing 2019 (Recommendation in Report) 66-68 5.5 Public Information Session: Cedarpoint Anchorage Neighbourhood — Plan for 69-72 Traffic Calming and Asphalt Resurfacing (Recommendation: Receive for Information) 5.6 Supply Agreement for Road Salt (Recommendation in Report) 73-83 K 5.7 Contract 2019-18: MRG Sanitary Sewer System — X Station Culvert Renewal 84-86 (Recommendation in Report) 5.8 Road Salt Delivery (Recommendation in Report) 87-88 5.9 Initiate Closure of Portion of Mitchell Street (Recommendation in Report) 89-95 5.10 Request for Proposal No. 2019-463002P - Packaged Pump Station 96-97 (Recommending in Report) 5.11 Follow-up to Saint John Citizen's Coalition Letter re: GrowSJ 98-99 (Recommendation: Receive for Information) 5.12 Green Energy Municipal Plan and Zoning By-law Amendments — Referral to 100-108 Planning Advisory Committee (Recommendation in Report) 5.12.1 Proposed Municipal Plan Amendment - Green Energy Development 109-143 5.13 2020 and 2021 General Fund Capital Budget (Recommendation in Report) 144-158 5.14 2020 and 2021 Water and Sewerage Utility Fund Capital Budget 159-174 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Proclamation - Exhibition Days 2019 175-175 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Zoning ByLaw Amendment - 81 Bayside Drive (3rd Reading) 176-177 10.2 Zoning ByLaw Amendment with Section 59 Conditions - 149 Broad Street (3rd 178-180 Reading) 10.3 Public Presentation - Municipal Plan Amendment re 348 Acamac Backland 181 - 199 Road 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives (Verbal) 200-215 K K3 12.2 Sustainability Update (Verbal) 12.3 Demolition of vacant, dilapidated and dangerous building at 361-363 216-252 Lancaster Street (PID 00367904) 12.4 Saint John Economic Development Alignment Exercise 253-269 12.5 Arena Booking Annual Comparison 270-271 12.6 Accelerating Implementation of Renewable Energy Projects in Saint John 272-288 12.7 Sustaining Saint John: A Three -Part Plan (Tabled from July 11, 2019) 289-362 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 D. James Letter re Council Code of Conduct 363-384 15.2 D. James Letter re Council Code of Conduct 385-386 16. Supplemental Agenda 17. Committee of the Whole 17.1 West Branch Library 387-398 18. Adjournment K3 City of Saint John Common Council Meeting Monday, August 19, 2019 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 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 1.2 Employment Matter 68(1)0) 1.3 Land Matter 68(1)(d) 1.4 Financial Matter 68(1)(c) 1.5 EDG SJ Request to Present (Verbal) 1.6 Legal Matter 68(1)(f) 1.7 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 19 aout 2019 18h Salle du conseil communal (salle Ludlow), an 8e kage de 1'h6tel de ville Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalit6 ou en partie, peut faire 1'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30, Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation du proces-verbal 1.2 Question d'emploi 68(1)j) 1.3 Question fonciere 68(1)d) 1.4 Question financiere 68(1)(c) 1.5 Demande de presentation d'Entreprise Saint John (verbal) 1.6 Question juridique 68(1)f) 1.7 Question financiere 68(1)(c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 29 juillet 2019 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil K 5.1 Lettre de Phonorable Jeff Carr concernant le Fonds federal de la taxe sur 1'essence (FTE) — Attribution de 2019 (recommandation : Recevoir pour information) 5.2 Rapport de verification financiere et de conformite de F accord de financement avec la province (Recommandation du rapport) 5.3 Soumission no 2019-084101T : Dragage de Lancaster Lagoon (Recommandation du rapport) 5.4 Contrat no 2019-20 Scellement de fissures 2019 (Recommandation du rapport) 5.5 Seance d'information publique : Quartier Cedarpoint Anchorage — Plan d'apaisement de la circulation et de resurfa�age de Fasphalte (Recommandation Recevoir pour information) 5.6 Accord d'approvisionnement en sel de voirie (Recommandation du rapport) 5.7 Contrat 2019-18 : Systeme d'egouts sanitaires de MRG — Renouvellement du ponceau de la station X (Recommandation du rapport) 5.8 Livraison de sel de voirie (Recommandation du rapport) 5.9 Amorcer la fermeture d'une partie de la rue Mitchell (Recommandation du rapport) 5.10 Demande de propositions no 2019-463002P — Station de pompage integree (Recommandation du rapport) 5.11 Suivi de la lettre de la Saint John Citizen's Coalition concernant GrowSJ (Recommandation : Recevoir pour information) 5.12 Modifications au plan municipal et au reglement de zonage relativement a 1' energie verte — Renvoi au Comite consultatif d'urbanisme (Recommandation du rapport) 5.12.1 Modification proposee au plan municipal — Developpement de 1' energie verte 5.13 Budget d'investissement du Fonds general — 2020 et 2021 (Recommandation du rapport) 5.14 Budget d'investissement du Fonds des services publics d'eau et d'egouts — 2020 et 2021 (Recommandation du rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Proclamation — Journees d' exposition 2019 8. D616gations et pr6sentations 9. Audiences publiques —18 h 30 10. Etude des arret6s municipaux 10.1 Modification au reglement de zonage — 81, promenade Bayside (3e lecture) 10.2 Modification au reglement de zonage avec conditions en vertu de Particle 59 — 149, rue Broad (3e lecture) 10.3 Pr6sentation publique — Modification du plan municipal concernant le 348, Chemin Acamac Backland K3 I 1. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Initiatives d'amelioration continue (verbal) 12.2 Mise a jour sur le d6veloppement durable (verbal) 12.3 Demolition d'un batiment vacant, delabre et dangereux au 361-363, rue Lancaster (NID. 00367904) 12.4 Exercice d'harmonisation du developpement economique de Saint John 12.5 Comparaison annuelle des reservations d'arenas 12.6 Acc616rer la mise en oeuvre des projets d'energie renouvelable a Saint John 12.7 Soutenir Saint John : Un plan en trois parties (depose le 11 juillet 2019) (documentation a suivre) 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau 15. Correspondance g6n6rale 15.1 Lettres de D. James concernant le code de conduite du Conseil 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 18. Lev6e de la s6ance C! COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 N. / �— MINUTES —REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JULY 29, 2019 AT6:OOPM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Councillor Ward 3 David Hickey Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Absent: Councillor Ward 2 Sean Casey Also Present: City Manager J. Collin City Solicitor J. Nugent Fire Chief K. Clifford Police Sgt. Tanya Commissioner Growth and Community Development J Commissioner of Finance and Treasurer K. Fudge Commissioner of Transportation and Environment M. Commissioner of Saint John Water B. McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin 61 Hamilton Hugenholtz COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 1. Call to Order 2. Approval of Minutes 2.1 Minutes of July 8, 2019 Moved by Councillor Merrithew, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council held on July 8, 2019, be approved. MOTION CARRIED. 2.2 Minutes of July 11, 2019 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council held on July 11, 2019, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the agenda of this meeting be approved with the addition of the following item: • 17.1 Sculpture Saint John MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Saint John Police Force: Street Event Application — Third Shift Exemption for the Consumption of Alcohol in a Public Place be approved. 5.1.1 That the Third Space: Request to Present for Street Closure for Third Shift Art Festival/ Request to Present be denied as recommendation for approval is on agenda. 5.2 That the Saint John Police Force: Street Event Application — E21- Jam Exemption for the Consumption of Alcohol in a Public Place be approved. 5.3 That as recommended by the City Manager in the submitted report M&C 2019- 2 C.1 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 178: Fall Debenture Issue — Notice of Motion, the following motion be made by the Mayor: "I give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements that the City of Saint John proposes issue of the following debentures to be dated on or after August 281h, 2019: GENERAL FUND Protective Services $ 3,100,000 Transportation Services $ 3,500,000 Economic Development $ 600,000 Parks and Recreation $ 200,000 $7,400,000 REFINANCE DEBENTURES Debenture No. BB 13- 2009 $ 2,830,000 (General Fund — 5 years) Debenture No. BB 14 -2009 $ 2,500,000 (Water & Sewerage —10 years) Debenture No. BB 15 -2009 $ 1,670,000 $7,000,000 (Transit — 5 years) TOTAL $ 14,400,000 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 $ 14,400,000. 5.4 That as recommended by the City Manager in the submitted report M&C 2019- 186: Contract 2019-17: Meadowbank Avenue Sewer Separation, the contract be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $135,286.00 (including HST) as calculated based upon estimated quantities; and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.5 That pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By-law and the provisions of Section 5, Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By-law, namely: Nicholas Maclean, Badge No. 9967. 3 r� COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first. 5.6 That as recommended in the submitted PAC report Subdivision (Money -in -lieu of Land for Public Purposes) 188-190 Winslow Street, Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the Proposed subdivision at 188-190 Winslow Street (PID 00362764). 5.7 That as recommended by the City Manager in the submitted report M&C 2019- 188: Contract 2019-05: Sanitary Sewer Structural Lining Phase 111 — Various Locations, the contract be awarded to the tenderer, Eastern Trenchless Ltd., at the revised tendered price of $159,285.12 (including HST) as calculated based upon estimated quantities; and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.8 That the M.E. Carpenter: Transportation Priorities letter be received for information. 5.9 That as recommended by the City Manager in the submitted report M&C 2018- 182: Proposed Public Hearing Date - 319 Lancaster Street, Common Council schedule the public hearing for the rezoning application of Jamie Reschny (319 Lancaster Street) for Monday September 9, 2019 at 6:30 p.m. in the Ludlow Room, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.10 That as recommended by the Growth Committee in the submitted report M&C 2019-183: Growth Reserve Fund Request - Community Standards Program, Common Council authorizes the transfer of $30,000 from the Growth Reserve Fund to support the enhanced Community Standards Program for the remainder of 2019. 5.11 That as recommended by the City Manager in the submitted report M&C 2019- 185: Designation of Jordan McKinley as By -Law Enforcement Officer, Common Council approve the following: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Minimum Property Standards By-law, By-law Number M-14, and amendments thereto, (the "Saint John Minimum Property Standards By-law") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; 4 E:3 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 25(1) of the Saint John Minimum Property Standards By-law provides that a by-law enforcement officer appointed by council may notify the owner or occupier of premises, dwelling, dwelling unit or structure by issuing an Order where the condition of the premises, dwelling, dwelling unit or structure does not comply with said By-law; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jordan McKinley is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Minimum Property Standards By-law, effective immediately, and this appointment shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jordan McKinley is hereby appointed and authorized to notify owners and occupiers where the condition of the premises, dwellings, dwelling units or structures does not comply with the Minimum Property Standards By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jordan McKinley is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By-law, effective immediately, and this designation and authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Minimum Property Standards By- law, By-law Number M-14 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By- law; 5 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize by-law enforcement officers to enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Jordan McKinley, by-law enforcement officer, is hereby appointed as inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Minimum Property Standards By- law which received first and second reading by Common Council on September 10, 2018 and third reading on September 24, 2018, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto, (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 132(1) and 132(2) of the Local Governance Act provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 131(1), 131(2) or 131(3) of the said Act; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; iN COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 NOW THEREFORE BE IT RESOLVED, that Jordan McKinley is hereby appointed as by- law enforcement officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jordan McKinley is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jordan McKinley is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this designation and authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M-30 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize officers enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; VA 11 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 NOW THEREFORE BE IT RESOLVED, that Jordan McKinley, by-law enforcement officer, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law which received first and second reading by Common Council on May 22, 2018 and third reading on June 4, 2018, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 5. WHEREAS subsection 135(4) of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, provides that within thirty days after the terms of a notice have been complied with or a debt due to a local government or due to the Minister of Finance, as the case may be, is discharged, the local government shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the local government be affixed; NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to a Certificate of Discharge that is issued by Jordan McKinley under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, and such authorization shall continue until Jonathan A. Taylor ceases to be the Common Clerk of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 6. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS subsection 133(1) of the Community Planning Act provides that a council may authorize persons at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises for the purposes of inspection if the Director, the development officer or the person authorized by the Minister or the council has reasonable grounds to believe that a development or form of development on or in the land, building or premises violates a provision of this Act or the regulations or a bylaw or an order made under this Act; NOW THEREFORE BE IT RESOLVED, that Jordan McKinley, who is a by-law enforcement officer, is hereby authorized at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises within the territorial boundaries of the City of Saint John for the purpose of making any 8 12 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 inspection that is necessary for the administration of the Saint John Building By-law, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 7. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to make orders for the administration of the By-law; AND WHEREAS subsection 134(1) of the Community Planning Act provides that a council may authorize persons to, when a development is undertaken in violation of the Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development; NOW THEREFORE BE IT RESOLVED, that Jordan McKinley who is a by-law enforcement officer, is hereby authorized to, when a development is undertaken in violation of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 8. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the 01 13 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jordan McKinley is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Building By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 9. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, including the Saint John Dog Control By-law, By-law Number M-13, and the Mobile Home Parks By-law, By-law Number M-20, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By-laws; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jordan McKinley is hereby appointed as by- law enforcement officer with respect to the enforcement of the Saint John Dog Control By-law and the Mobile Home Parks By-law, effective immediately, and this appointment shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jordan McKinley is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Dog Control By-law and the Mobile Home Parks By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 10. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and 10 14 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 amendments thereto, (the "Community Planning Act"), including the City of Saint John Flood Risk Areas By-law, By-law Number C. P. 11, and The Zoning By-law, By-law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By- laws; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jordan McKinley is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the City of Saint John Flood Risk Areas By-law and The Zoning By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5.12 That as recommended by the City Manager in the submitted report M&C2019- 179: Street Name Change, Common Council amend the list of Official Street Names and approve the following changes: 1. Remove the name "chemin Mill Road". 5.13 That as recommended by the City Manager in the submitted report M&C 2019- 184: Qualified Security Assessor (QSA) Consulting Services Contract: 1) The City of Saint John enters into an agreement with Grant Thornton for Qualified Security Assessor (QSA) consulting services for a term of two years with possible extension of two additional years (for a total of four years). 2) The Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.14 That the Saint John Board of Police Commissioners: 2019 Operating Budget - SJPF April Financial Results be received for information. 5.15 Refer to item 14.1 15 11 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 5.16 Refer to item 14.2 5.17 That as recommended by the City Manager in the submitted report M&C 2019- 189: Tender No. 2019-081204T— Packaged Pump Station — Civil Works: 1) Common Council approve an adjustment to the 2019 Water & Sewerage Utility Fund Capital Program to establish a new project entitled Fallsview Drive — Interim Booster Pump Station with a budget of $575,000 ($525,000 net cost after HST rebate) with the overall 2019 Water & Sewerage Utility Fund Capital Program to remain at the original approved envelope amount as the Fallsview Drive — Interim Booster Pump Station project will be offset from a $525,000 budget surplus from the Metcalf Street project; 2) The tender submitted by Keel Construction Ltd., for Tender No. 2019-081204T: Packaged Pump Station — Civil Works, in the amount of $228,107.66 plus HST be accepted. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.18 That as recommended by the City Manager in the submitted report M&C 2019- 190: Lease Agreement with Saint John Arts Centre — Peel Plaza: 1. Common Council adopt the following terms and conditions contained in this recommendation to be incorporated into a Lease agreement with the Saint John Arts Centre, which had previously expired on June 30, 2013 with all other terms and conditions remaining the same: a) the term of the lease shall be ten (10) years commencing on August 1, 2019 and ending July 31, 2029; b) the annual rent payable to the City of Saint John shall be as follows: i) on August 1, 2019 $10.00, plus HST (if applicable); ii) as of August 1, 2020 an annual rent of $111,632.00 to be paid in equal quarterly installments commencing on August 1st of each and every year during the term, pursuant to the payment schedule of the Greater Saint John Regional Facilities Commission with annual increases of one percent with the last year of the Term commencing on August 1, 2028 having an annual rent of $120,881.00, plus HST (if applicable); c) the City will provide the Lessee with an Option to renew this lease for one additional term of ten years at the then prevailing market rate to be mutually agreed upon by both parties and the exercise of which shall be in writing delivered to the lessor not later than January 31, 2029; d) in the event the lessee desires to encumber this Lease, assign or sublet all or any part of the premises or grant any licence, concession or other right of occupancy, the Lessee shall notify the Landlord in writing, attention Real Estate Services, City 12 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 of Saint John, the name of the proposed assignee, sub lessee or other transferee and the terms and conditions of the proposed assignment, sublease or transfer; e) the Lessee shall be responsible to pay all public utilities, electricity (including heating the premises), natural gas, water, sewerage, telephone and internet services (both fixed -line and mobile) with payments to be quarterly as detailed above in (1)(b)(ii); and f) the lessee shall pay real property tax for the premises with payments to be quarterly as detailed above in (1)(b)(ii). 2. That the City Solicitor be directed to prepare the lease reflective of the foregoing and that the Mayor and Common Clerk sign any documentation necessary to execute this agreement. 5.19 That Common Council endorses the request by AREA 506 for members of the NMWCA (Grannan's Seafood Restaurant, McGill's, Saint John Ale House and Lemongrass Thai Fare) to extend their hours of operation on August 2 — 4, 2019 until 3:00 am (1 hour). Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively excluding 5.15 and 5.16 which have been referred to item 14 for discussion be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 Marathon by the Sea 25th Anniversary — AuRust 10 and 11. 2019 The Mayor declared that St. Patrick Street will be called "Thunder Alley" for August 10th and 11th, 2019 in honour of the 25th Anniversary of Marathon by the Sea. 7.2 India Independence Day—August 15, 2019 The Mayor declared August 15th as India Independence Day in the City of Saint John. 8. Delegations/Presentations 8.1 Develop Saint John — Priority Infrastructure Projects Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: 13 17 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 RESOLVED that Common Council endorse as the City of Saint John's top three infrastructure funding requests to Federal and Provincial Governments for growth related project funding, with the exception of emergency response related funding, include: • A new school in the central peninsula; • Development of the Fundy Quay site; and • Foster Thurston/Ashburn Lake Road NB Route 1 Interchange Project. LTA 10000►[4L1:k]k]11191 9. Public Hearings 6:30 PM 9.1 Proposed Zoning Bylaw Amendment — 81 Bayside Drive with Planning Advisory Committee report recommending Rezoning 9.1.1 81 Bayside Drive (1St and 2nd Reading) Responding to a question "Can staff correct errors applied during the bylaw zoning process or do they need to go to council?"; Community Planning Manager K. Melanson advised that following applicable legislation, any bylaw zoning amendment / correction to a map or to text requires a public hearing. The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule A, the Zoning Map of The City of Saint John, be re -zoning a parcel of land having an area of approximately 930 square metres, located at 81 Bayside Drive, also identified as PID Number 00317636 from Neighbourhood Community Facility (CFN) to General Commercial (CG) with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 16, 2019 meeting at which the committee recommended the re -zoning of a parcel of land located at 81 Bayside Drive as described above. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with no one presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, be re- zoning a parcel of land having an area of approximately 930 square metres, located at 81 Bayside Drive, also identified as PID Number 00317636 from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a first time. 14 iF:3 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, be re- zoning a parcel of land having an area of approximately 930 square metres, located at 81 Bayside Drive, also identified as PID Number 00317636 from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Zoning ByLaw Amendment — 149 Broad Street with Planning Advisory Committee report recommending Rezoning / Staff Presentation 9.2.1 149 Broad Street (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 1483 square metres, located at 149 Broad Street, also identified as PID Number 00000604, from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC) with no letters of objection being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 16, 2019 meeting at which the committee recommended the re -zoning of a parcel of land located at 149 Broad Street as described above with Section 59 Conditions. Commissioner Hamilton provided context that the file was previously brought to Council as a vacant building on the dangerous, vacant building list; time was provided to a allow a prospective new purchaser to address the deficiencies. The proposed property development plan will convert the vacant building to a residential development and will contribute positively to the City's growth in the Central Peninsula. Responding to a question, "What are the commitments for timing of the project? When will construction start and finish?" Planner A. Reid stated there is no sunset clause on a rezoning, and that a building permit has not yet been taken out. 15 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re -zoning with no one presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1483 square meters, located at 149 Broad Street, also identified as PID Number 00000604, from Neighborhood Community Facility (CFN) to Urban Centre Residential (RC), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1483 square metres, located at 149 Broad Street, also identified as PID Number 00000604, from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Section 59 Amendment — 49 Noel Avenue with Planning Adviso Committee report recommending Amendment The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 59 amendment, amending the Section 39 conditions imposed on the July 10, 2017 re -zoning of the property located at 49 Noel Avenue, also identified as PID Number 55235717 (formerly PIDs 00370593, 00370601, 00370767, and a portion of 00050575) to amend the existing Section 39 conditions to add additional dwelling units as requested by Village View Suites. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its May 22, 2019 meeting at which time the committee recommended the amendment of the existing Section 39 conditions described above. 16 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Stephen Brittain, owner presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that Common Council amend the Section 39 conditions imposed on June 13, 2016 rezoning of the property situated at 49 Noel Avenue, also identified as PID 55235717 (formerly 00370593, 00370601, 00370767, and a portion of 00050575) by rescinding the existing conditions and imposing the following: a. That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b. That any development of the site shall be in accordance with a detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. This landscaping plan is to be attached to the application for the building permit for the proposed development and all landscaping illustrated on the plan must be completed within one year of completion of the building; c. That the proposed building be constructed in accordance with detailed elevation plans prepared by the developer and approved by the Development Officer. These building elevation plans must be attached to the application for the building permit for the proposed development and all work illustrated on the plans must be completed within one year of completion of the building; d. An engineering water and sewer analysis must be completed by the applicant's engineering consultant and submitted to the City for review and approval in order to determine the impact this development (capacity requirements, peak flows, fire flows, etc.) will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. If any upgrades to existing infrastructure are necessary, this will be the responsibility of the developer; e. The applicant's engineering consultant must submit a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be 17 21 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 handled to the City for review and approval. If any infrastructure improvements are required to service this proposal, it will be the applicant's responsibility and cost to complete. No stormwater is to be directed to adjacent lands; f. That servicing for electrical and telephone utilities be provided underground from existing facilities; g. That the proposed building be limited to 47 dwelling units; and h. That notwithstanding Subparagraph 10.3(3)(1) of the City of Saint John Zoning By -Law, the height of the building is permitted to be a maximum of 16.6 metres. LTA 100000114Y1:k]k]11191 10. Consideration of By-laws 10.1 Zoning By -Law Amendment with Section 59 Conditions 646-648 Westmorland Road Ord Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-77 A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 1,000 square metres, located at 648 Westmorland Road, also identified as PID No. 55208300 from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-77 A Law to Amend the Zoning By -Law of The City of Saint John", was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council rescind the Section 39 conditions imposed on the August 19, 2002 rezoning of the property located at 646-648 Westmorland Road also identified as PID Number 00303545; and, That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following conditions upon the development and use of the parcel of land having an area of approximately 19,352 square metres, located at 646-648 Westmorland Road also identified as PID Number 00303545: a. The use of the site is limited to senior citizens' apartment development, parking area, and access for the adjacent place of worship and food bank. 18 WA COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 b. The developer must pave all new parking areas, loading areas, manoeuvring areas, and driveways with asphalt and enclose them with cast -in-place concrete curbs to protect landscaped areas and facilitate proper drainage. c. Adequate site drainage facilities (including catch basins) must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate. d. All utilities, including power and telephone, must be provided underground. e. The portion of the rezoned area abutting the lots fronting on Longview Court must consist of a landscaped planting strip with a minimum width of 3 metres (10 feet), and shall include a continuous row of deciduous and/or coniferous trees and a continuous board -on -board fence with a minimum height of 1.5 metres (5 feet). f. All other disturbed areas of the site not occupied by buildings, driveways, walkways, parking, or loading areas must be landscaped by the developer. g. The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The approved site plan must be attached to the application for building permit for the development. h. All site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-77 A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 1,000 square metres, located at 648 Westmorland Road, also identified as PID No. 55208300 from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN), be read a third time, enacted, and the Corporate Common Seal affixed thereto. IL [0000114L1:k]k]11191 Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-77 A Law to Amend the Zoning By -Law of The City of Saint John." 19 W COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 10.2 Zoning By -Law Amendment with Section 59 Conditions — O Heather Way (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-78 A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 55,603 square metres, located at 0 Heather Way, also identified as PID No. 55208300 from Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-78 A Law to Amend the Zoning By -Law of The City of Saint John", was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c. 19), here imposes the following conditions upon the Property having an area of 55,603 square metres, located at 0 Heather Way, also identified as PID Number 55208300, the following conditions upon the development and use of the land: a. A treed buffer and berm must be constructed along the property line shared with dwellings on Boyaner Crescent. Hedge height is to be at least 1 metre and must be shown on a landscaping plan, submitted as part of any building permit for buildings which share a property line with dwellings on Boyaner Crescent. The landscaping plan is subject to the approval of the Development Officer prior to the issuance of a Building Permit. All landscaping for this berm must be maintained for the life of the development. b. To promote interconnectivity to the future adjacent undeveloped lands, the cul-de- sac is to be designed to City Standards in a manner to ensure that the road can be turning into a through road to the adjacent lands. The design of this cul-de-sac and future changes are subject to approval by the Chief City Engineer or his/her designate. c. The site shall not be developed except in accordance with a detailed site plan and detailed building elevation plans, prepared by the developer and subject to the approval of the Development Officer. These plans will indicate the location, design and exterior finish of all buildings, the location and treatment of parking areas, driveways, landscaped areas and other site features, and the approved site plan and building elevation plans must be attached to any application for a building permit for the development. 20 ME COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 d. An Engineered Storm Drainage Submission be submitted for the full building out of the development with the Building Permit for "Phase One" (as indicated on the tentative plan provided) of the development. "Phase One" shall comprise the full inclusive build out of the proposed underground infrastructure and street construction necessary to support "Phase one" of the development. e. Detailed engineering drawings and design brief (including plan and profile) of all proposed infrastructure (water, sanitary, storm and street) and connections to existing infrastructure must be submitted by the owner/developer's engineering consultant for review and acceptance by the City. f. A final engineered water and sewer analysis (domestic demands, fire flows, peak flows, etc.) and servicing proposal will need to be submitted to the City by the owner/developer's engineering consultant for review and acceptance by the City in order to determine/confirm the impact this development will have on the existing municipal water and sewer infrastructure. Prior to any proposed development beyond Phase 2 (as indicated on the tentative plan provided), a flow monitoring program would need to be completed by the City in order to re-evaluate the existing downstream sewer capacities. The developer/owner's engineering consultant will need to submit the subsequent Phase(s), including sewer demands for evaluation and acceptance by the City prior to proceeding. g. A treed buffer at least 5 metres in width must be planted along the property line shared with dwellings on Hedly Street. Trees must be a minimum height of 2 metres at time of planting and the tree buffer must be shown on a landscaping plan, submitted as part of any building permit for buildings, which share a property line with dwellings on Hedly Street. The landscaping plan is subject to the approval of the Development Officer prior to the issuance of a Building Permit. All tree planting is to be maintained for the life of the development. MOTION CARRIED. Moved by Deputy Mayor, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-78 A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 55,603 square metres, located at 0 Heather Way, also identified as PID No. 55208300 from Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-78 A Law to Amend the Zoning By -Law of The City of Saint John." 21 OR COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 11. Submissions by Council Members 11.1 Ban on Single Use Plastics (Councillor Hi Moved by Councillor Hickey, seconded by Councillor MacKenzie: RESOLVED that Council instruct the City Manager and staff to report to Common Council with a recommendation and assessment on the ban on single use plastics in the City of Saint John. Moved by Councillor Norton, seconded by Councillor Merrithew: RESOLVED that the matter Ban on Single Use Plastics be referred to Fundy Region Service Commission for their consideration. MOTION CARRIED with Councillors Hickey, Reardon, and Armstrong voting nay. 11.2 Letters/Documents Addressed to Council (Deputy Mayor McAlary) Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the item Letters/Documents Addressed to Mayor and Council be referred to the City Manager for guidance. MOTION CARRIED. 11.3 Trees for Chipman Hill (Deputy Mayor McAlary) Responding to a question, the Commissioner of Water stated Chipman Hill is very congested with underground infrastructure, gas, water, electric which prohibits tree planting. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that this motion be received for information. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the matter Trees for Chipman Hill be referred to the City Manager. MOTION CARRIED. Deputy Mayor McAlary assumed the Chair to enable Mayor Darling the opportunity to present his submitted motions. 11.4 Financial Restructuring (Mayor Darling) 22 41.1 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 Referring to the submitted report entitled Financial Restructuring, the Mayor outlined the reason for the restructuring plan and the timeline to implement the plan in the 2020 budget. The City Manager commented on the modifications made by the Mayor in the verbal motion from the submitted motion published in the Agenda report. Moved by Mayor Darling, seconded by Councillor Hickey: RESOLVED that the Finance Committee be directed in collaboration with staff to develop a restructuring plan, which commences implementation in budget 2020 (January) at the latest and addresses the structural deficit currently outlined in the City's current financials. Furthermore, that this plan be broad and consider the 11 major barriers identified in the December budget 2019 documents. Progress on this plan shall be presented to a full meeting of council, as part of the budget 2020 deliberations by the end of September 2019. IL [0000MGM :k]k]11191 11.5 Letter of Support from Neighbouring Communities (Mayor Darling) Referring to the submitted motion entitled Letter of Support from Neighbouring Communities, the Mayor outlined the reasons for approaching the following communities for their support on tax reform on heavy industrial property tax revenue: • Towns of Grand Bay -Westfield, Rothesay, Quispamsis, Hampton and • Village of St Martins. Moved by Mayor Darling, seconded by Councillor MacKenzie: RESOLVED that Common Council authorize the Mayor to send a letter to the following communities - the towns of Grand Bay -Westfield, Rothesay, Quispamsis, Hampton, and the Village of St Martins, to seek further written support for an immediate first phase of tax reform, as presented regarding Heavy Industry cost sharing. Furthermore that the following statement of support be proposed for the Mayors and councils to consider. The towns of Grand Bay -Westfield, Rothesay, Quispamsis, Hampton and the village of St Martins, formally request that the Province of New Brunswick implement the transfer of heavy industrial property tax revenue to host municipalities as a first phase of municipal taxation reform. We believe in a growing and thriving region of greater Saint John and need a strong Saint John, for this to be achieved. MOTION CARRIED. The Mayor resumed the Chair. 11.6 Reversing Falls Bridge Barrier (Councillor Sullivan) 23 WA COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 The City Manager commented there was discussion by Council in 2017 for installation of a suicide barrier. Staff requested collaboration with the Minister of Transportation, but there has been no follow up on the file. Moved by Councillor Sullivan, seconded by Councillor Strowbridge: RESOLVED that the City of Saint John send a letter to the Minister of Transportation requesting the installation of a suicide barrier on the Reversing Falls Bridge. MOTION CARRIED. 11.7 Sustainability Report (Councillor MacKenzie) Referring to Councillor MacKenzie's request, the City Manager stated staff has the sustainability backgrounder draft currently under review and it is expected to be released in one - two days. The draft contains the contact email information for Regional MI -As and will be posted on the City website. Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that in the spirit of open transparent governance direct the City Manager to have staff provide background information on the new deal, the immediate need in terms of a first phase of taxation reform on heavy industry taxes, the GNB response and a template on the City of Saint John's website. These tools should be completed and posted by August 1st, 2019; and that contact names and numbers for provincial representation / regional MI -As be provided. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Sustainability Update (Verbal) The City Manager stated that because the sustainability initiative to address the budget deficit for 2021-2022 is of such importance, it is proposed that a standing agenda item called Sustainability Update will occur as a regular venue for staff to provide updates to Council. The City Manager commented that in the past two weeks, since the motion on Sustaining Saint John: A Three Part Plan was tabled, staff has provided the following: • City Staff have provided feed back to the Sustainability Working Group, offering observations on what should or could be modified in the document Sustaining Saint John: A Three Part Plan; 24 4.11 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 • The provincial members of the Sustainability Working Group have acknowledged receipt of the observations; a timeline for the reply to the suggestions has not been confirmed. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the City Manager's verbal Sustainability Update be received for information. MOTION CARRIED. 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 174 Pitt Street (PID 00006403 Commissioner Hamilton advised that the file is located in the Central Peninsula. Year to date the City has closed 37 of the target 80 property files successfully, with the majority being repaired or reoccupied which is the optimal outcome. Technical Services Engineer C. Lowe provided visuals of the building condition and advised Council the owner took out demolition permit today and has 30 days to demolish, however staff recommends going ahead with the demolition planned by staff. The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 174 Pitt Street (PID 00006403) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated?" No one came forward to present evidence. Moved by Councillor MacKenzie, seconded by Councillor Hickey: RESOLVED that the building located at 174 Pitt Street, PID# 00006403, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED that the building is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. 25 Wel COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 MOTION CARRIED. 12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 261-263 Wentworth Street and 214 Britain Pitt Street (PID 00001149) Technical Services Engineer C. Lowe provided visuals of the condition of the building located on the Central Peninsula at 261-263 Wentworth Street and 214 Britain Pitt Street. The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 261-263 Wentworth Street and 214 Britain Pitt Street (PID 00001149) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated?" No one came forward to present evidence. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the building located at 261-263 Wentworth Street and 214 Britain Street, PID# 00001149, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED that the building is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. LTA [0000114L1:k]k]11191 12.4 Request to Set Public Hearing Date — Updated Heritage Conservation Areas By - Law (Phase One) Commissioner Hamilton announced first phase of the updated Heritage Conservation Areas Bylaw. 26 091 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 Heritage Planner Emma Sampson stated the Heritage Conservation Areas Bylaw was developed in coordination with the Central Peninsula Plan and described a summary of the bylaw contents. Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2019-195: Request to Set Public Hearing Date — Updated Heritage Conservation Areas By -Law (Phase One), Common Council approve the necessary advertising for the Public Hearing to be held on September 9, 2019 to consider the proposed Phase One revisions to the Saint John Heritage Conservation Areas By -Law [HC -1]. MOTION CARRIED. 13. Committee Reports 13.1 Finance Committee: 2020 and 2021 General Fund Capital Budget The Chair of the Finance Committee stated that a two year capital budget is being proposed. The emphasis is on less borrowing. The total budget over the two years is approx. $50M; $29M is funded by other levels of government; $21M is funded by the City. The Commissioner of Finance outlined the draft capital budget highlights, including the lowest level of borrowing since he became Commissioner in 2015. The budget supports Council's priorities; 22% of the budget reinvestment supports growth initiatives; 98% addresses infrastructure deficit. The budget also addresses climate change mitigation initiatives, infrastructure investments in recreation and technology to enhance customer services, long term debt reduction and a focus on tax base growth. Moved by Councillor Merrithew, seconded by Councillor Strowbridge: RESOLVED that as recommended by the Finance Committee having met on July 18, 2019 Common Council receive and file the 2020 and 2021 General Fund Capital Budgets; and RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2019-180: Finance Committee: 2020 and 2021 General Fund Capital Budget, that members of Common Council reflect upon the submitted proposed 2020 and 2021 General Fund Capital Budget and make all inquiries and recommendations to staff; and that the report be received for information. IL [0000114L1:k]k]11191 13.2 Finance Committee: 2020 and 2021 Proposed Water and Sewerage Utility Fund Capital Budget 27 31 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 The Chair of the Finance Committee introduced the proposed 2 year budget for the Water and Sewerage utility. Commissioner McGovern outlined the proposed Water and Sewerage Utility Fund 2020- 2021 Capital Budgets proposed at $26,205,000. Highlights include: • No new borrowing; • Heavy reliance on funding from other sources, such as Gas Tax, Disaster Mitigation Funding $15,931,500 (2 years); • Addressing the deficit; • Strategic investments. Moved by Councillor Reardon, seconded by Councillor Norton: RESOLVED that as recommended by the Finance Committee having met on July 18th 2019 Common Council receive for information the 2020 and 2021 Proposed Water and Sewerage Utility Fund Budgets; and RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2019-181: Finance Committee: 2020 and 2021 Proposed Water and Sewerage Utility Fund Capital Budget, that members of Common Council reflect upon the submitted draft of the 2020 and 2021 Proposed Utility Fund Capital Budget and make any and all inquiries and recommendations to staff; and that the report be received for information. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 14.1 E. Cusack — Parking for Uptown High School Students Moved by Councillor Norton, seconded by Councillor Merrithew: RESOLVED that the request from E. Cusack — Parking for Uptown High School Students be referred to the Clerk to schedule a presentation. 14.2 Saint John Water — 2018 Annual Water Report Deputy Commissioner Kendall Mason outlined the requirements for the Annual Report and the highlights. The report will be available on the City's website tomorrow. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the submitted report entitled Saint John Water — 2018 Annual Water Report, be received for information. 28 0 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 MOTION CARRIED. 15. General Correspondence 15.1 Letter from Hon. Jeff Carr: Sustaining Saint John — a Three -Part Plan The City Manager referenced the Letter from Hon. Jeff Carr: Sustaining Saint John — a Three -Part Plan and the Council resolution on July 11th, 2019 to table the item for 30 days. 15.1.1 Staff Response: Clarification of Short -Term Revenue Generated by "Sustaining Saint John —A Three Part Plan" Referring to the submitted report entitled M&C 2019-194: Clarification of Short -Term Revenue Generated by "Sustaining Saint John — A Three Part Plan" the City Manager advised that City staff has reviewed the Honourable Minister's letter and provided their comment noting a difference in opinion on the net gain to the City. The Minister submits a $6M contribution to the City. Staff submits a net gain to the City of $1M - $3M. 1. Tax Exemption Transit Facility $306k — Valid 2. Capital and Operating of Regional Facilities $632k— Valid 3. Accommodation Levy - $400 — 500k - Valid 4. Accelerated Population Growth $600k—This is uncertain 5. Revenue from SJ Energy $1M — This is uncertain 6. Operating Budget Initiatives $3M — This represents City cuts and therefore does not provide relief to our overall situation. Certainly it should not be considered a "net gain" to the City. Responding to a question, the City Manager commented on the assumptions / speculations made in the Minister's letter concerning the accelerated population growth initiative and revenue from Saint John Energy stating: • The Accelerated Population Growth $600k assumes the pilot project is successful in attracting 500 people to stay in Saint John, and that these people will cause the building of $34M of new tax base; • The Revenue from Saint John Energy $1M assumes early dividends of $500k in each of 2019 and 2020 (totaling $1M) are contingent on the enabling legislation being put into place by the Provincial Government. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the submitted report entitled M&C 2019-194: Clarification of Short -Term Revenue Generated by "Sustaining Saint John — A Three Part Plan'; be received for information. MOTION CARRIED. 091 29 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 15.2 Sponsorship Request: St. Joseph's Hospital Foundation — 1st Annual "Late Night with the Foundation" Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the Sponsorship Request: St. Joseph's Hospital Foundation — 1st Annual "Late Night with the Foundation" be approved and the Office of the Common Clerk be directed to purchase tickets for those Council members wishing to attend the event. MOTION CARRIED. 15.3 Sponsorship Request: WE Believe Saint John Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the Sponsorship Request: WE Believe Saint John be referred to the Community Grants Committee. MOTION CARRIED. 15.4 Ticket Purchase Request: Rocmaura Nursing Home Foundation Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Ticket Purchase Request: Rocmaura Nursing Home Foundation be approved and the Office of the Common Clerk be directed to purchase tickets for those Council members wishing to attend the event. MOTION CARRIED. 15.5 Sponsorship Request: New Brunswick Community College — Orientation Week Activities Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Sponsorship Request: New Brunswick Community College — Orientation Week Activities be referred to the Growth Committee. LTA IQIII [Q0114Y1:l11; 191 15.6 Saint John Citizen's Coalition — GrowSJ Brand Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the Letter Saint John Citizen's Coalition — GrowSJ Brand be referred to the City Manager and to report back to Council. LTA IQIII [Q0114Y1:l11; 191 30 COMMON COUNCIL / CONSEIL COMMUNAL July 29, 2019 / le 29 juillet 2019 16. Supplemental Agenda 17. Committee of the Whole 17.1 Sculpture Saint John 2020 The City Manager commented on the Community Partnership directive to the City Manager made by the Committee of the Whole, i.e. that the City Manager is requested to approach other organizations for their financial support to enable the City to become a Community Partner in 2020. Moved by Councillor Norton, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole having met on July 29tH 2019 Common Council directs the City Manager to inform Sculpture Saint John that: The City of Saint John will become a "Destination Sponsor" for Sculpture Saint John in 2020 subject to available budget, and That the City will not become a "Community Partner" in 2020; That the City is committed to working to identify a suitable location for the 2020 event in Saint John, but unfortunately Fundy Quay will not be a feasible Option; and Further that the projected costs associated with the installation of the 2020 Sculpture ($5000) be referred to the 2020 operating budget for consideration. MOTION CARRIED. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on July 29, 2019, be adjourned. IL 10000011GY1:k]k]11191 The Mayor declared the meeting adjourned at 10:00 p.m. 31 W BNewAh unsNouveau rwick C A N A D A August 6, 2019 His Worship Donald Darling Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, NB E21_41_1 Your Worship: Subject: Federal Gas Tax Fund (GTF) — 2019 Allocation City of Saint John — Reference No. (6936.078.0000) 1 am pleased to inform you that under the Federal Gas Tax Fund (GTF), the regular 2019 allocation of $4,656,597 is available for the City of Saint John. The regular allocation is to be transferred in two equal payments as follows: ➢ a first payment before July 31, 2019; and ➢ a second payment before March 31, 2020. As previously communicated on April 29, 2019, the City of Saint John is also eligible to receive a one-time 2018 Top up of $5,219,830 once we receive and approve a 2019-2023 Capital Investment Plan (CIP) including the 2018 Top up. These allocations are to be invested in municipal infrastructure or capacity building projects from your 2019-2023 CIP. The above-mentioned payments will be made once the Province is in receipt of the allocation from the Government of Canada, and if you are in compliance with the terms and conditions of our Agreement on the Gas Tax Fund with Local Governments. Please feel free to contact Mr. Luc Theriault, Programs Coordinator, at (506) 453-4021 if you have any questions. Sincerely, t� Hon. Jeff Carr Minister C. Scott Lloy, Director Luc Theriault, Programs Coordinator Minister/Ministre www.gnb.+ca/localgovernment Environment and Local Govern ment/Environnem ent et Gouvernements locaux wwvW gnb ca/goUvernementslo¢aax P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 01.1 COUNCIL REPORT M&C No. 2019-205 Report Date August 02, 2019 Meeting Date August 19, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Financial and compliance audit report for the Funding Agreement with the province OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jodie Forgie Kevin Fudge John Collin RECOMMENDATIONS Common Council approve the Independent Practitioner's Reasonable Assurance Report on Compliance and supplementary reports provided to the City of Saint John by the auditors in relation to Provincial Funding Agreement dated March 15, 2018. EXECUTIVE SUMMARY On March 15, 2018 a funding agreement was entered between Her Majesty the Queen in Right of the Province of New Brunswick ("Province) and The City of Saint John ("City"). Section 6 of the funding agreement indicates that an audit is required to be performed which specifically states "The City agrees to provide the Province with a financial and compliance audit report by July 31 of each year of the Agreement........" This report is to provide information on the audit work that was performed and to obtain approval of the reports to be submitted to the Province. PREVIOUS RESOLUTION N/A Kul -2 - REPORT Based on the requirements of the funding agreement with the Province, the City was required to have an independent audit performed in relation to the funding agreement. The scope of work was determined between the City and the Province and the draft audit reports were reviewed by the Province to confirm that they are consistent with their expectations based on the requirements defined in the funding agreement. The City hired an independent firm to perform the audit work and from the engagement the audit firm provided 3 separate reports: 1. Accountant's Report The procedures of this report were performed in relation to the City's compliance with the terms of the funding agreement in connection with confirming no other financial assistance was received from other sources per Section 5.2 of the agreement as at December 31, 2018. Key Results of the report: "we found no exceptions" 2. Report on Supplementary Matters Arising from an Audit Engagement The City was required to provide budget to actual information for the December 31, 2018 year to the Province in the same presentation as provided within the funding agreement schedule D. The supplementary information provided by the City was prepared from the underlying audited financial statements of the City. Key Results of the report: "the details of the budget to actual revenues and expenditures contained in supplemental schedules were derived from the underlying account records, consistent with the audit of the financial statements for the City of Saint John on which we have issued an independent auditor's report, with an unqualified opinion, dated June 6, 2019". 3. Independent Practicioner's Reasonable Assurance Report on Compliance The City was required to provide employement reports for the December 31, 2018 year to the Province in the same presentation as provided within the funding agreement schedule E. The audit work performed was to provide an opinion on the City's compliance with the specified requirements set out in the funding agreement. Key Results of the report: "In our opinion, management's statement that the City of Saint John complied with the specified requirements established in the Funding Agreement as at December 31, 2018, is fairly stated, in all material respects". The City of Saint John will provide the final reports to the Province upon approval by Council for the December 31, 2018 reporting year. M-11 -3 - STRATEGIC ALIGNMENT This report aligns with Common Council's priorities of fiscal responsibility. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Human resources department and the Police Commission assisted with the audit requirements. ATTACHMENT - Accountant's Report - Report on Supplementary Matters arising from an Audit Engagement - Independent practitioner's reasonable assurance report on compliance - Signed Funding Agreement B Nia r Vi°�s��a��e� This Agreement is made as of the date of last signature. Between: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEI BRUNSWICK, ("Province") as represented by the Premier, and: THE CITY OF SAINT JOHN in the Province of New Brunswick ("City") Whereas on September 19, 2017, the Premier pledged that the Province and the City would work together on a "new deal" for Saint John. And Whereas the Province wants to undertake concrete measures to grow the economy of Saint John, and therefore the tax base and revenues of the City. And Whereas the Province wants to avoid negative economic and social impacts of greater severity than the value of any financial savings. And Whereas the Province recognizes the fiscal challenges in Saint John and offers to assist with solutions that will address the City's unique challenges and opportunities. And Whereas the Province has already recognized Saint John's social fabric and t challenges it faces in the fight against poverty, as well as the importance of the Saint Jo economy and tax base by making record investments in the City. I The purpose of this Funding Agreement ("Agreement") is to establish the terms and conditiors whereby partnerships will be established between the Province and the City for the purpos'l i•.escribed herein. "Agreement" means this Agreement and all its schedules, as may be amended from time to time. Page I of 13 "Effective Date" means the date of last signature of this Agreement. "Other Financial Assistance" means funding from all sources, including funding from federal provincial and municipal sources, private sources and in-kind contributions. This Agreement comprises the entire agreement between the parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by the Province to the City except as expressly set out in this Agreement. This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. a) Direct, short-term financial assistance The Province has committed to provide financial assistance to the City to compensate for the 2018 property tax freeze in the amount of $1,239,537. Province agrees to provide additional funding to the City in an amount up b- 80 11i 800000 to be paid over 3 years in accordance with Schedule A. b) Continued favourable investments in Saint John, Infrastructure Investments and commitments totaling in excess of $273 million for the Port Saint John modernization; upgrades to the Saint John Regional Hospital; the Safe Clean Drinking Water project; new trades facility at NBCC Saint John; the Greater Saint John Field House; the new barge terminal at Spruce Lake; a new nursing home for Saint John, various highway and road infrastructure improvements; various additional water and wastewater improvements; and infrastructure improvements at the City Market. Launching of the New Brunswick Tourism Growth Strategy in Saint John, together with a $50 million commitment toward construction of a new provincial museum in uptown Saint John; and additional funds for the development of Fort La Tour and improvements to Imperial Theatre. Page 2 of 13 iii. Workforce Ability to receive free child care for low income families as well as supports for the middle class to reduce child care costs with the first phase of this program being targeted to Saint John, affordable housing units; elementary literacy programs; the new Seaside Park Elementary School; funding for home and community care; improved access to physicians including the renewal of the Dalhousie Medicine New Brunswick doctor training program at UNBSJ; an estimated 2,700 subsidized job placements in Saint John over three years through an enhanced Youth Employment Fund and other programs to help youth develop skills, obtain work experience and find jobs; support for new immigrants, including earmarking 25% of immigrants under the Atlantic Immigration Pilot Project for Saint John; Atlantic Workforce Partnership to help build a skilled a workforce and promote apprentice mobility; the New Brunswick Free Tuition Program and Tuition Relief for the Middle Class (TRMC); Living Saint John's efforts to end generational poverty; a $10 million commitment to Living Saint John; and the restoration of the mental health court. iv. Innovation Investment in Enterprise Saint John's Smart and Connected Community Data Strategy to transform the Saint John regional economy; an Open Data Policy to enhance research, science and innovation and facilitate the creation of new businesses and services; A commitment to support private sector development opportunities in Saint John's core, waterfront and uptown areas. vi. Agility Establishment of the Premier's new Regional Minister Office in Saint John provides enhanced ability to pursue opportunities and priorities with Opportunities New Brunswick (ONB) staff co -located with Enterprise Saint John, and new ONB-RSC community economic development executive with a commitment to maintain these supports in place for the duration of the Agreement. c) Evaluation and longer-term solutions The Province agrees to establish a working committee with representation from the City for the purpose of evaluating the success of this Agreement as well as to review long term solutions deemed necessary to improve the fiscal condition of the City. The working committee will complete a report with an evaluation of the measures included in the agreement, any subsequent measures announced as part of the Agreement and any additional recommended actions aimed at solving the City's structural deficit to government on or before January 1, 2019. The Province agrees to work with the City to look into measures to reduce the City's debt Rnd/or find more favourable terms for the City's debts. iii. The Province agrees to give favourable consideration to infrastructure projects that could provide an economic benefit or increase the tax base of the City. Page 3 of 13 :1 PA, iv. The Province agrees to apply a preference that regional provincial assets are located in the City as opposed to in surrounding areas. V. The Province agrees to encourage private sector investments in the City that could provide an economic benefit or increase the tax base of the City. a) The City agrees to minimize impacts on frontline service levels until such time as a solution is implemented. b) The City agrees to participate fully on any working committees established by the Province to allow the City and the Province to meet their commitments under this Agreement. c) The City agrees to submit reports to the Province in accordance with Schedule B for the term of this agreement. d) In the event that the City reports an annual operating surplus in any Fiscal Year of this Agreement, the City may retain up to 1% of the City's budget (the Excess). The Excess, up to total annual assistance paid under this Agreement, shall be repaid to the Province in accordance with Schedule A. e) The City shall allow any authorized representative of the Province reasonable access to the City's records and accounts maintained and to carry out the evaluation required for the implementation of this Agreement. The City shall provide all records and accounts as requested by the Province. f) The City will inform the Province immediately of any fact or event that will compromise wholly, or in part, this Agreement. a NJ 5.1 Funding to the City will be disbursed in semi-annual payments as indicated in Schedule A so long as the City is compliant with the terms and conditions of this Agreement. The Province reserves the right to withhold any or all payments under this Agreement if the City is non- compliant. a) The Province will retain 25% of the final payment until the City fulfils all of its obligations under this Agreement. 5.2 If any Other Financial Assistance is given or is to be given to the City (in respect of the operating costs and/or the delivery of Services) which was not taken into consideration in the entering into of this Agreement, the funding hereunder may be reduced by a corresponding amount. • a) Pay interest for failing to make a payment under this Agreement; nor b) Disburse funds to the City until semi-annual reports as required under Schedule B and attestation in accordance with Schedule C are received and accepted by the Province, Page 4 of 13 The City agrees to provide the Province with a financial and compliance audit report by July 31 of each year of the Agreement. The City agrees to fund the costs of the audit report and to allow the Province to approve the scope of the audit. In addition, the City will allow the Province reasonable and timely access to all its documentation, records and accounts and all other relevant information and documentation requested by the Province, or their designated representatives, for the purposes of audit, evaluation, and ensuring compliance with this Agreement. a) The Parties will keep each other informed of any issue that could be contentious. b) If a contentious issue arises, representatives of the City and the Province will examine it and will, in good faith and reasonably, attempt to resolve potential disputes as soon as possible and in any event within 30 business days within receipt of notice of such contentious issue. Where the Parties cannot agree on a resolution, the matter will be referred to a mutually agreeable third party for resolution. c) Any payments related to any contentious issue or dispute raised by either Party may be suspended by the Province together with the obligations related to such issue, pending resolution. d) The Parties agree that nothing in this section will affect, alter or modify the rights of either Party to terminate this Agreement. The City will at all times indemnify and save harmless the Province, its officers, servants, employees, or agents, from and against all actions, whether in contract, tort or otherwise, claims and demands, losses, costs, damages, suits or other proceedings by whomsoever brought or prosecuted in any manner based upon or occasioned by any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by, in connection with or arising directly or indirectly from this Agreement, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings relate to the negligence or breach of this Agreement by an officer, servant, employee or agent of the Province in the performance of his or her duties. a) No public announcement of any activity related to this Agreement shall be made by the City without the prior written consent of the Province, b) The Parties agree to work co-operatively on any and all Communications Activities relating to this Agreement. c) '(he Parties understand that no decision is final with respect to any contractual obligati until approved by the necessary levels of government. I Page 5 of 13 :1 El I 10. GENERAL The Accounting Terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared to conform with the budgeting principles established for New Brunswick Municipalities by the Department of Environment and Local Government. The annual audited financial statements will be prepared in accordance with Public Sector Accounting Standards. The Parties' rights and obligations, which by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement. If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 10.4 ASSIGNMENT The City will not transfer or assign its rights or obligations under this Agreement without the prior written consent of the Province. Any attempt by the City to assign any of the rights, duties or obligations of this Agreement without the Province's express written consent is void. This Agreement may be amended from time to time on written agreement of the Parties. A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 11.1 The City will ensure that no current or former public servant or public office holder to who' any post -employment, ethics and conflict of interest legislation, guidelines, codes or policii of R applies will derive direct benefit from the Agreement's funding, unless t provision or receipt of such benefits is in compliance with such legislation, guidelines, policii or co4es. 11.2 In the event of a breach of any of the terms and conditions of this Agreement by the City, no further disbursements shall be made by the Province and all previous payments shall be returned to the Province within thirty (30) days of written notification to that effect. Page 6 of 13 WAN91TIffir Any notice or communication authorized or permitted with respect to this Agreement shall be effectively given if delivered in person, sent by mail, including electronic mail; or sent by facsimile (FAX); or prepaid to the address or FAX number, as given in this Agreement. Any notice or communication required or permitted by this Agreement to be made by the City to The Province shall be provided to: For the Province: Environment and Local Government Marysville Place P.O. Box 6000 20 McGloin Street Fredericton, New Brunswick E3A 5T8 For the City: The City of Saint John City Manager's Office P.O. Box 1971 15 Market Square Saint John New Brunswick MIN =- W-01 Any notice or communication that is made by the Province to the City may be sent to the coordinates indicated above or such other address the City designates in writing to the Province. Such notice will be deemed to have been received, if sent by mail, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. kllr�1141 WWI 11�= !I WIMIRINSWIVICII! Page 7 of 13 HER MAJESTY THE QUEEN IN RIGHT THE CITY OF SAINT JOHN.1 OF THE R,R,O, INCE OF NEW BRUN,SW by: I Original signed by: ier �-Iapmt ,h v, J- 2.0 1 Y3 Date Datezc�) Page 8 of 13 :11FA The Province and the City are committed to work to grow Saint John's economy and tax base in the medium- and long-term to solve the City's structural deficit as quickly as possible. In consideration of the short-term need for financial assistance to the City while this work is completed, the Province will provide assistance in two equal instalments per annum as follows. The Excess, if any, as defined in Section 4.2d) shall be repaid to the Province upon approval of the audited financial statements of the City. 1. In 2018, in the amount of the Anticipated Deficit calculated by the City and included in Schedule D, capped at a maximum of $3,500,000, 2. In 2019, the City is projecting a deficiency of $8,900,000 as per Schedule D. This projection was prepared by the City and assumes revenue growth of 1 %, expense growth of 2.6% and no carry over of surplus. The Province will contribute an amount equal to the projected deficiency adjusted for projected revenue growth and/or expense savings in excess of the amounts in Schedule D. The Province will also adjust for any surplus carry over. Total assistance from the Province could be $0 if the City's structural deficit is eliminated and will be capped at a maximum of $8,900,000 in 2019. 3. In 2020, the City is projecting a deficiency of $10,400,000 as per Schedule D. This projection was prepared by the City assuming revenue growth of 1%, expense growth of 1.75% and no carry over of surplus, The Province will contribute an amount equal to the projected deficiency adjusted for any projected revenue growth and/or expense savings in excess of the amounts in Schedule D, The Province will also adjust for any surplus carry over. Total assistance from the Province could be $0 if the City's structural deficit is eliminated and will be capped at a maximum of $10,400,000 in 2020. Page 9 of 13 Following the Province's acceptance of the Structural Deficit calculation, the City shall submit the following reports to the Province. 1. Semi-annual Reports Comparative expense report, which provides the following, by department: • Wages and benefits (budget and actual) • Other expenses (budget and actual) Comparative Employment report, which provides the following by department: FTEs (approved positions and actual) with explanations for any variances from the baseline in Schedule E 7 Page 10 of 13 Jill 17,4 UNA A In the matter of entering into the Funding Agreement with the Province, I e -- (title) Mry, vy\ c) of the City of SAINT JOHN in the Province of New Brunswick declares as follows: I have knowledge of the matters that formed the basis for this Agreement and believe the Declared at 5.6 (municipality) in New Brunswick this 11-1 day of rer%x� Y— 1 20 IS Page 11 of 13 61191 Schedule D — Structural Deficit The table below reflects the Structural Deficit for the three-year period of the Agreement as prepared by the City. Revenues Property Taxes Provincial Grant Own Source Revenue Expenses .rte 2• lr• ,r r- ABC Funding Fiscal Charges Non Recurring Items: Carry Over Surplus Financial Assistance Other Short Term 1M �; ; -- I ' d D oficit S"ctural Deficit Forecast 2017 20190 Approved 2018 Draft Forecast Forecast 20,225,932 16,603,206 16,603,206 16,603,206 ++ 12,048,48780 ,, ,324 88,843,678 90,895,794 93,182,46695,427,850 36,499,688 35,992,645 36,647,135 37,183,169 12,228,315 12,428,474 12,803,131 12,853,377 16,449,786 16,709,579 17,518,873 17,484,435 $ 416,472 $ 1,338,515 1,239,537 Page 12 of 13 51 I M Q) O 11- III I AN M-11, m co C) C\j z -Q O co L u Q) Q) Q) co Q) -Z Q) Q) cn Q) Co Q) co ro W CU ui co co N 6 -1-i I Q0 U') co 0') It r co co M r co 00 LO r vt I- N CO CO r N co 00 (D U- coO LO co U") 0000 co N :3 0 0 Ln N r et CN CO 07 CO Ln LO C"i C14 r r — C\j Al 0 0 -E M 0 — 1 C CL 0 E z I COO N N In m m C14 CO U) E .2 4) U) CL C: a) E > r -c 0 r_ .9 co E 0 (D -0U- C: E (D 0 0 CO 0 C) "0 C: Q) - M 0 0 CL >, E Q) C: co E -E = _ r I -- .2 m m rn (D 0- 0 0 CL 0 L) 0 0 E CL 0 1 co O� Q) 00 co a-) I,— 0 0 co Fo =3 0 u) I I-- U) CL U 0 00 L® I M Q) O 11- III I AN M-11, m co C) C\j z -Q O co L u Q) Q) Q) co Q) -Z Q) Q) cn Q) Co Q) co ro W CU ui co co N 6 -1-i I INCONNECTION WITH THE FUNDING AGREEMENT SIGNED MARCH 1S,2O18 ToHis Worship the Mayor and Members ofCommon Council of The City of Saint John Deloitte LLP poBox 6549 o4Chipman Hill, 7th Floor Brunswick House Saint John wo E21- 4R9 Canada Tel: soo-6»z 1080 Fax: soo-6sz 1210 www.omoma.ca Asrequested byThe City o[Saint John onJuly 25, 2O19,wehave performed the following procedures on the City's compliance with the hanns of the funding agreement signed Manch 15, 2018 in connection with confirming no other financial assistance was received from other sources per Section 5.2 of the agreement as at December 31, 2018: We inspected all deposits made to the operating bank accounts of the City ofSaint John greater than $1,8O0,0O0for the period January 1,2O18toDecember 31,2O1Otoconfirm they did not violate the terms set out under Section 5.2 of the Funding Agreement which states, "if any Other Financial Assistance is given or is to be given to the City (in respect of the operating costs and/or delivery of Services) which was not taken into consideration in the entering into of this Agreement, the funding hereunder may be reduced by the corresponding amount." We agreed the ending balance of the operating bank accounts to the audit of the financial statements of the City of Saint John on which we have issued an independent auditor's report, with anunqualified opinion, dated June 6,2O19. As a result of applying the above procedures, we found no exceptions. However, these procedures do not constitute an audit with the objective of expressing a separate opinion regarding the subject financial information and accordingly, we do not express an opinion on such information. Our procedures further may not necessarily reveal all material [acts with respect to the subject financial information. This report is intended solely for your use in connection with confirming compliance with the Funding Agreement referred to in our engagement letter dated July 25, 2019, and is not to be referred to or distributed to parties other than the Province of New Brunswick. Chartered Professional Accountants July 3O,2O19 Funding Agreement City • Saint John December 31, 2018 m 6'1•'7 Deloitte Lp P0 Box 6549 o+Chipman Hill, 7th Floor Brunswick House Saint John NB szL 4n9 Canada Tel: 506-632-1080 Fax: soo-6sz um =ww.oe/mue.m Independent Practitioner's Reasonabliz Assurance Report on Compliance To the Province of New Brunswick We have undertaken a reasonable assurance engagement of the accompanying statement of the City ofSaint John's compliance asat December 31,2O18,with Schedule E("dhespecified requirements") established in the Funding Agreement between the City of Saint John and the Province of New Brunswick signed March 15, 2018 (the "Agreement"). Management's Responsibility Management is responsible for measuring and evaluating the City of Saint John's compliance with the specified requirements of the Agreement and for preparing the City nfSaint John's statement of compliance. Management is also responsible for such internal control as management determines necessary to enable the City of Saint John's compliance with the specified requirements. Our Responsibility Our responsibility is to express a reasonable assurance opinion on management's statement based on the evidence we have obtained. We conducted our reasonable assurance engagement in accordance with Canadian Standard on Assurance Engagements 3530, Attestation Engagements to Report on Compliance. This standard requires that we plan and perform this engagement to obtain reasonable assurance about whether management's statement isfairly stated, in all material respects. Reasonable assurance isahigh level of assurance, but isnot aguarantee that anengagement conducted in accordance with this standard will always detect a material instance of non-compliance with specified requirements when it exists. Instances of non-compliance can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the decisions of users of our report. A reasonable assurance compliance reporting engagement involves performing procedures to obtain evidence about management's statement n[the entity's compliance with specified requirements. The nature, timing and extent ofprocedures selected depends on our professional judgment, including an assessment of the risks of material misstatement of management's statement, whether due to fraud or error, and involves obtaining evidence about management's statement. We believe the evidence we obtained is sufficient and appropriate to provide a basis for our opinion. Information relevant to the City of Saint John's compliance with the specified requirements set out in the Agreement isset out inmanagement's statement ofcompliance. Our Independence and Quality Control We have complied with the relevant rules of professional conduct/code of ethics applicable to the practice mfpublic accounting and related to assurance engagements, issued by various professional accounting bodies, which are founded on fundamental principles ofintegrity, objectivity, professional competence and due care, confidentiality and professional behaviour. The firm applies Canadian Standard on Quality Control 1, Quality Control for Firms that Perform Audits and Reviews ofFinancial Statements, and Other Assurance Engagements and, accordingly, maintains a comprehensive system of quality control, including documented policies and procedures regarding compliance with ethical requirements, professional standards and applicable legal and regulatory requirements. Opinion In our opinion, management's statement that the City ofSaint John complied with the specified requirements established in the Funding Agreement asatDecember 31, 2018, isfairly stated, in all material respects. We do not provide a legal opinion on the City of Saint John's compliance with the specified requirements, Purpose of Statement Management's statement of compliance has been prepared to report to the Province of New Brunswick on the City o[Saint John's compliance with the specified requirements established in the Funding Agreement As a result, management's statement nfcompliance may not be suitable for another purpose. 013, IT& = � H 0 Chartered Professional Accountants July 3O,2O19 Statement of Compliance The City of Saint John has to the best of our knowledge complied with the specific requirements of Schedule E - City of Saint John Staffing Levels (Baseline) of the Funding Agreement with Her Majesty the Queen in right of the Province of New Brunswick ("Province") as represented by the Premier signed March 15, 2018 as at December 31, 2018. Kevin Fudge, CP CA. Commissioner of Finance and Administrative Services City of Saint John Schedule E: City of Saint John FTEs as at December 31, 2038 fraaaa am swat rrrrmr aesaroa: aa4nrabg varoadea ro ae rar,a arts, 9ecemae: It Zara) Service Area Management Professional Staff Non -Union Em io e" Inside Workers Outside Workers Firefi hters Police Association TOTAL ACTUAL VACANCIES TOTAL FTE Co orate Services CS 22 6 18 [rind, worker - Poike Commissbn 3 FA Foreman 46 2 48 Finance & Adminnar tNe Services (FA) 12.5 32 43 5 87.5 4 91.5 Growth & Community Development Services (GD) 13.5 FA -Stock Ke e 20.5 Manager - Corporate Smites 3 34 3 37 Transportation & Enhmnment Services (TES) 13 O 21.5 148 0 O 182.5 Cuaural Affairs Office, 182.5 Saint John Fare Depa,bbent r EMO (S]FD) 31 1 342 GO Planner 154 3 157 Saint John Water(S)W) 13 34 82 I 309 3 112 Total - City or Saint John 85 6 107 273 142 0 613 15 628 SJFD U,n tenant or Training 1 1 SJFD Admin Assistant 3 Saint John Police Porn 11 la 3 340 169 6 17S Public Safety Communk iv— 2 1 23 SAINT IOMN NRE DEPT 0 0 1 25 1 3 28 Total - Saint john Police Commis don 33 0 41 0 0 340 194 9 203 SJPF Managers 2 2 SJPF Swom Police Offl— JACTUA A .caro er 3, 2018 1 98 6 148 273 1 142 140 807 24 833 Baseline FTEs per Agreement (Schedule E) 104 6 163 283 145 144 845 (14) Mind Adaling ME 103 6 156 278 144 144 831 (24) FTEs as at December 33, 2016 98 6 148 273 142 140 807 List of Vacancies Management N^n-Union Em Luide. warkw Oubide Workw Fim89htw Pdin Aaaodation TOTAL FA Esecative assistant 6 3 [rind, worker - Poike Commissbn 3 FA Foreman I 3 Outside workers 1 FA-Subloreman 5 3 1 FA -Stock Ke e 1 Manager - Corporate Smites 3 I FINANCE&ADMIN 0 O 1 3 0 O 4 Cuaural Affairs Office, 1 3 GO Planner 1 3 GO Mana er Commune Plannin I 1 GROWTH &DEV 2 0 1 a 0 0 3 SJFD U,n tenant or Training 1 1 SJFD Admin Assistant 3 I 3 SJFO fire "n' I n Ins clot I 1 SAINT IOMN NRE DEPT 0 0 1 0 3 0 3 PSCC mama worker 3 3 SJPF Managers 2 2 SJPF Swom Police Offl— 4 4 SAINT JOHN POLICE FORCE 2 0 3 0 0 4 9 Municipal Engineer 3 1 S1W Skilled workers 2 2 SAINT JOHN WATER 1 0 0 2 0 0 3 CS - IT Amin Assistant 3 1 1 CS -Network 5 eclalist 1 1 CORPORATE SOLES a 0 2 0 0 0 2 Tobi Vann ake 5 0 8 5 2 4 24 fiat ofPnfBena Dimitmted Nanagwent Non -Upton Em i Aside arkers Outaide Workers Hrofl9htma Poilm Aasodation TOTAL [nip" workers - City of Saint Jahn 6 [rind, worker - Poike Commissbn I Outside workers 5 Fire Prevenban OOker 1 Manager - Corporate Smites I Total Positions Eliminated 3 0 7 5 1 0 34 NOTES 1. SMormation rechnahgy and GIS ON artmenn moved from Final a Adminisi—e Services m Carparara Services. Cultural Affairs' ofl5 novel Aom Corporate Servkes m Growth A Community Dainv opmmt 2. Further adjustments were made m the City's permanent EstaGisameM in 201] artd 2018 based on Counal / Opera[ronal priorities and the City's wBecOre a9raementr. 3. 2018 Porro and Prrbbc Safety Commun bars Centre mninihn r inromation has been provided by rhe Saint Jahn Pof^ Farce, 4. The 2018 EstaWnrament was approved by Common Council. kl City of Saint John Note WmSchedule E As at December 31,2018 1. Purpose For the purpose ofdetermining Permanent Staffing Levels for Schedule E-Oty of Saint John Staffing Levels (Baseline) of the Funding Agreement with Her Majesty the Queen in right of the Province of New Brunswick as represented by the Premier signed Manch 15, 2018, as at December 31, 2018, the City ofSaint John included the following: Working full time permanent Vacant position � In- re n i Deloitte LLP P0 Box 6549 ** Chipman Hill, 7th Floor Brunswick House Saint John ma E21- 4R9 ca"uuo Tel: soa-6sz 1080 Fax: soaasz 1210 Report on Supplementary Matters Arising from an Audit Engagement To the Province of New Brunswick: In accordance with the Funding Agreement signed March 15, 2018, we have been engaged to report on the revenue and expense comparing budget to actual for the period January 1, 2018 to December 31, 2018 (the "other reporting responsibility"). This other reporting responsibility relates to our audit of the financial statements of the City o(Saint John for the year ended December 31, 2018 on which we issued our report dated June 6, 2019. Management prepared the supplementary matter. This report has been prepared in accordance with Canadian Standard on Related Services (CSRS) 4460, Reports onSupplementary Matters Arising from anAudit nraReview Engagement. Our responsibility isto report on the supplementary matter. This standard requires ustocomply with ethical requirements and to plan and perform procedures to address the other reporting responsibility. The procedures were selected based on our professional judgment to enable us to form a basis for this report. The procedures vary in nature from those required when providing a standalone audit opinion on the supplementary matter. Accordingly, we do not express an audit opinion or a review conclusion on the supplementary matter. Inresponse tothe other reporting responsibility, wareport that the details o[the budget toactual revenues and expenditures contained in supplemental schedules were derived from the underlying accounting records, consistent with the audit of the financial statements of the City o[Saint John on which we have issued an independent auditor's report, with an unqualified opinion, dated June 6, 2019. This report is intended solely for use by the Province of New Brunswick and should not be used by other parties, as the procedures performed may not bosuitable for their purposes. Chartered Professional Accountants July 3O,2O1& Saint John, New Brunswick A I Expenses Wages and Benefits $ (Unaudited) $ 89,582,472 $ 1,313,322 Operating Expenses $ 2018 Draft 2018 Actual 2018 Variances Revenues $ 12,428,474 $ 12,865,575 $ (437,101) Property Taxes $ 121,319,088 $ 123,443,042 $ 2,123,954 Provincial Grant $ 16,603,206 $ 15,659,510 $ (943,696) Own Source Revenue $ 12,048,487 $ 13,076,333 $ 1,027,846 $ 149,970,781 $ 152,178,885 $ 2,208,104 Expenses Wages and Benefits $ 90,895,794 $ 89,582,472 $ 1,313,322 Operating Expenses $ 35,992,645 $ 39,293,806 $ (3,301,161) ABC Funding $ 12,428,474 $ 12,865,575 $ (437,101) Fiscal Charges $ 16,709,579 $ 16,451,470 $ 258,109 $ 156,026,492 $ 158,193,323 $ (2,166,831) Structural Deficit $ (6,055,711) $ (6,014,438) Non Recurring Items: Carry Over Surplus $ 1,338,515 $ 1,338,515 $ - Financial Assistance $ 1,239,537 $ 1,239,537 $ - Other Short Term (Deficit) $ (3,477,659) $ (3,436,386) $ 41,273 Reduction in PNB financial assistance $ (161,186) $ (161,186) (Deficit) after reduction before additional funding $ (3,477,659) $ (3,597,572) $ (119,913) I'M COUNCIL REPORT M&C No. 2019-177 Report Date August 06, 2019 Meeting Date August 19, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Tender No. 2019-084101 T. Dredging Lancaster Lagoon OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jordan Moran / Kendall Mason Brent McGovern John Collin RECOMMENDATION It is recommended that Tender No. 2019-084101T for the establishment of a two year supply agreement for the dredging of the Lancaster Lagoon be awarded to the low tenderer, Entec Waste Management Inc. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Tender No. 2019- 084101T: Dredging Lancaster Lagoon to the low tenderer. A public tender call for dredging services was issued on June 12, 2019, and closed on July 2, 2019. Entec Waste Management Inc. had the lowest compliant bid. PREVIOUS RESOLUTION N/A 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. W -2 - REPORT BACKGROUND The Lancaster Lagoon serves West Saint John and is located at 1210 Sand Cove Road. The facility contains four aerated cells that accumulate bio -solids. A bathymetric survey was completed in April 2019, the results of the survey indicated that the Lancaster Lagoon requires dredging services. The purpose of this report is to inform Council of the results of the tender issued for the procurement of a dredging contractor. The work involves the removal and disposal of bio -solids from Cells No. One through Cell No. Four. TENDER RESULTS Tenders closed on July 2, 2019 with the following results, including HST: 1. Entec Waste Management Inc. 2. Revolution Environmental Solutions $ 1,085,025.00 $ 1,186,098.50 Total Cost for four cells in 2019, 2020, or 2021 is as follows: • Entec Waste Management Inc. • Revolution Environmental Solutions ANALYSIS $ 1,085,025.00 $ 1,186,098.50 The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Due to the nature of the work and specialized equipment required, it was anticipated that only one or two tenders would be received despite efforts to solicit greater interest. A*I PRICE FOR 2019 PRICE FOR 2020 Item Desc. Entec Waste Revolution Entec Waste Revolution Management Environmental Management Environmental Inc. Solutions Inc. Solutions 1 CellNo $259,037.50 $281,589.00 $259,037.50 n/a 2 Cell $263,925.00 $286,902.00 $263,925.00 n/a Two 3 Cell No. $268,812.50 n/a $268,812.50 $295,377.50 Th ree 4 Cell No. $293,250.00 n/a $293,250.00 $322,230.00 Four Total Cost for four cells in 2019, 2020, or 2021 is as follows: • Entec Waste Management Inc. • Revolution Environmental Solutions ANALYSIS $ 1,085,025.00 $ 1,186,098.50 The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Due to the nature of the work and specialized equipment required, it was anticipated that only one or two tenders would be received despite efforts to solicit greater interest. A*I -3 - SERVICE AND FINANCIAL OUTCOMES The full tender price for this supply agreement if all four cells at the Lancaster Lagoon were dredged would equate to $1,085,025.00 (including HST). However, based upon budget availability in 2020 and 2021 it is being planned that Cell No. One and Cell No. Two be dredged during the two year supply agreement resulting in a price of $522,962.50 (including HST). If, however, it is forecasted during 2020 and 2021 that there is a forecasted year end surplus then Cell No. Three and Four may be done as well, as is allowed for within the supply agreement. At this time, it is forecasted there is no budget surplus available in 2019 to complete any cell; therefore, no work is planned to be completed in 2019. The draft Utility Operating Budget for 2020 and 2021 has been developed to allow Cell No. One and Cell No. Two to be dredged. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS MATERIALS MANAGEMENT Materials Management facilitated the tender process to solicit tenders from proponents for the Dredging Lancaster Lagoon supply agreement. Entec Waste Management Inc. submitted the lowest compliant bid and staff of Materials Management have reviewed the tender and have found it to be complete and formal in every regard. The lowest compliant tenderer, Entec Waste Management Inc., meets all requirements and staff recommends acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS N/A ARI COUNCIL REPORT M&C No. 2019-197 Report Date August 06, 2019 Meeting Date August 19, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2019-20 Crack Sealing 2019 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz/Brian Keenan John Collin RECOMMENDATION It is recommended that Contract No. 2019-20: Crack Sealing 2019 be awarded to the low Tenderer, Road Savers Maritime Limited, at the tendered price of $122,475.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2019- 20: Crack Sealing 2019 to the low Tenderer. PREVIOUS RESOLUTION December 18, 2018; 2019 General Fund Operating Program Approved. 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. C�� -2 - REPORT BACKGROUND The 2019 General Fund Operating Budget for Transportation and Environment Services includes a provision for the Crack Sealing of a number of streets in the City. Crack Sealing is an annual preventative maintenance activity applied to asphalt surfaces to preserve and extend their service life. The work consist generally of cleaning the asphalt pavement cracks by high velocity blowers and immediately filling the cracks with a hot rubberized joint sealing compound which adheres and seals cracks in the asphalt pavements. A sprinkle of cement or agricultural lime is then applied to prevent tracking of the sealant by vehicular traffic until the sealant cures. TENDER RESULTS Tenders closed on August 6, 2019 with the following results, including HST: 1. Road Savers Maritime Ltd., Chester, NS $122,475.00 2. AVL Construction Group Inc., Drummond, NB $181,125.00 The Engineer's estimate for the work was $124,200.00 including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the General Fund Operating Budget. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. AYA -3 - The analysis is as follows: Budget $ 120,000 Project net cost $ 111,000 Variance (Surplus) $ 9,000 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES Asphalt pavements are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a C:�:3 COUNCIL REPORT M&C No. 2019-198 Report Date July 23, 2019 Meeting Date August 19, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Cedarpoint Anchorage Neighbourhood — Plan for Traffic Calming and Asphalt Resurfacing OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rod Mahaney Michael Hugenholtz / Brian Keenan John Collin RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Cedarpoint Anchorage Neighbourhood - Plan for Traffic Calming and Asphalt Resurfacing and to update Council on the status of the project. PREVIOUS RESOLUTION November 28, 2016; Council Report — Cedarpoint Anchorage Neighbourhood — Plan for Resurfacing; Recommendation to receive and file adopted. July 30, 2018; 2019 General Fund Capital Program Approved. December 18, 2018; 2019 General Fund Operating Program Approved. REPORT The 2019 General Fund Operating Budget for Transportation and Environment Services and the 2019 General Fund Transportation Capital Program include provisions for the resurfacing of a number of streets in the City. This is an C:1'] -2 - annual program to upgrade and maintain deteriorating street surfaces under the maintenance and capital resurfacing programs. Tenders for this work were closed on March 26, 2019 and the contract was awarded to the low -bidder, Galbraith Construction Ltd. The overall contract includes all work associated with the resurfacing of a total of 34 streets or segments of streets. Included in this contract was the allowance for the installation of a traffic calming circle on Cedarwood Drive at the Birchdale Crecent intersection along with the resurfacing of Cedarwood Drive, Birchdale Crescent and Rivershore Drive. In addition to the traffic calming circle and the asphalt resurfacing work, other features will be incorporated on Cedarwood Drive intended to calm traffic and allow for safer pedestrian passage. • A centerline and two white sidelines will be painted to delineate driving lanes • A 1.5m wide pathway will be created on one side of the street to allow for safe pedestrian passage • 'Rumble strips' will be milled into the asphalt surface to provide some additional separation of pedestrian and vehicle traffic This is a significant project that will have an impact on the traffic flow through the local area during and after construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Paroisse Saint-Francois—de—Sales Church at 77 Ragged Point Road on Thursday, August 22, from 2-4 p.m. and 6-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised on the City's website and copies of the attached notice will be delivered door to door in project area. 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. Me] -3 - SERVICE AND FINANCIAL OUTCOMES Asphalt pavements are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important and the timely maintenance of roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Cedarpoint Anchorage Neighborhood Public Information Session Notice 71 The City of Saint John PUBLIC INFORMATION SESSION CEDARPOINT ANCHORAGE NEIGHBOURHOOD — PLAN FOR TRAFFIC CALMING AND ASPHALT RESURFACING The City of Saint John will be installing a new traffic calming circle at the intersection of Cedarwood Drive and Birchdale Crescent. Also included will be the asphalt resurfacing of Cedarwood Drive, Birchdale Crescent and Rivershore Drive in 2019. Future asphalt resurfacing plans for the neighborhood will be provided at the information session. In addition to the traffic calming circle and the asphalt resurfacing work, other features will be incorporated on Cedarwood Drive intended to calm traffic and allow for safer pedestrian passage. • A centerline and two white sidelines will be painted to delineate driving lanes • A 1.5m wide pathway will be created on one side of the street to allow for safe pedestrian passage • 'Rumble strips' will be milled into the asphalt surface to provide some additional separation of pedestrian and vehicle traffic Construction is planned to begin in late August and is expected to continue into September 2019. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be traffic interruptions and changes/delays in traffic flow during construction, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2019 City of Saint John General Fund Capital and Operating Programs. Representatives from the City of Saint John and the traffic calming design team from Crandall Engineering Ltd. will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and time: Date: Thursday August 22, 2019 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Paroisse Saint—Francois—de—Sales Church 77 Ragged Point Head Road For further information about this project contact the City of Saint John Transportation and Environment Sef_rices at (506) 658-4455. COUNCIL REPORT M&C No. 2019-199 Report Date August 07, 2019 Meeting Date August 19, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Supply Agreement for Road Salt OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeff Hussey Mike Hugenholtz John Collin RECOMMENDATION It is recommended that Common Council that: 1. Award the supply contract for road salt to Nutrien for a two year period. 2. That the Mayor and Common Clerk be authorized to sign the required documents. EXECUTIVE SUMMARY The City of Saint John uses road salt as well as sand to keep streets and sidewalks clear in the winter. Both materials are procured through supply contracts. Staff from Materials Management has reached out to the Province of NB and has requested that we 'piggy back' on the Provinces' supply contract for road salt with Nutrien. Nutrien is reopening the Sussex mine for the sole purpose of mining and producing road salt. The salt is to be stocked piled at the Sussex mine and the City will arrange, through a tri -city supply agreement, the pickup and delivery of the product to our salt sheds. The contract is a 2 year guaranteed fixed price of $55.00 per tonne. PREVIOUS RESOLUTION This commodity is tendered on an annual basis. 01 -2 - STRATEGIC ALIGNMENT This report supports Council's priorities of Safe and Vibrant City and valued service delivery. SERVICE AND FINANCIAL OUTCOMES The City could consider tendering this supply agreement on its own, but there is a risk that the tender pricing could come back much higher than the agreement between Nutrien and the Province. If this was the case the City would be obligated to award to the successful bidder at this higher price. The sheer quantities of road salt that the Province orders on an annual basis, compared to that of the City of Saint John, should offer a reasonable assurance that having the City piggy back on the Provinces' supply contract would yield the lowest price for road salt for the upcoming season. In the past the City of Saint John has experienced issues with the quality of the road salt provided to the City. The quality of the salt meant that it took more salt to generate brine and it also left a large amount of sediment in the brine tanks. This sediment created an increase in down time due to the brine systems being clogged both on the truck and at the brine plants. The City did not experience any of these issues with the salt that the City previously received for the Sussex mine. Staff estimates that, based on historical usage data, the City's requirement for road salt is approximately 12,000 tonnes per year. The guaranteed contracted price for the two years is $55.00 per tonne. This compares favourably to the supply price for the 2018/19 winter, although as detailed in a separate report when the transportation costs are factored in there is a slight increase over last year. Detailed below is a chart outlining the cost of road salt and delivery over the past supply contracts. The severity of each winter, however, will impact how much material will actually be required. This is a planned expenditure for which funds are included in the annual operating budget. SuppllIeor Year Salllt D6l1veory Stag°id By $ oi u te) $ °°I°"oi u te) cIII°maurge/ 00 0,nh i Cairgiiiii Ill..td 2 0 15 661, 53 1038 D/ i(D.S Wh idsoor Salllt Ltd 2039. ! 0.00 2,02 40A0 'Mutidein 2024:` OOII )0 0.01. D/ INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management staff have reviewed the information provided by the Province and Nutrien and have found them to be complete and formal in every W11 -3 - regard. Staff believes that Nutrien has the necessary resources and expertise to supply this product to the City. The above process is in accordance with the City's Procurement Policy and Materials Management supports the recommendation being put forth. ATTACHMENTS Nutrien Credit Application and Terms and Conditions W, GENERAL TERMS AND CONDITIONS OF SALE ("Terms and Conditions") 1. GENERAL: Unless otherwise agreed in writing, these Terms and Conditions, together with relevant sales agreement, sales confirmation, price lists, price schedules, invoices, and/ or other attached schedules ("Individual Contract Documents"), as the case may be, constitutes the entire agreement between the Seller identified in this Agreement including any of its Affiliates (Collectively, "Seller") and the buyer ("Buyer") (Seller and Buyer each a "Party" and collectively, the "Parties") identified in the Individual Contract Documents for the purchase and sale of Product and there are no understandings, commitments, representations or warranties of any kind, express or implied, written or oral, not expressly set forth in the Individual Contract Documents or these Terms and Conditions (together, this "Agreement). Upon the earlier of Seller's acknowledgement or statement of intent to furnish any Product or acceptance of delivery of the Product from the Seller, Buyer shall be deemed to be bound by and to have accepted this Agreement. 2. QUALITY: (a) Seller shall sell the Product to Buyer free and clear of all encumbrances and in accordance with the product specifications identified by Seller in the specification sheet attached to this this Agreement the ("Specifications"). No claim may be asserted by Buyer for Seller's failure to deliver Product which meets the Specifications unless (i) with respect to the physical characteristics of the Product, Buyer gives written notice to Seller of such failure within three (3) business days of the transfer of title in the Product to Buyer, and (ii) with respect to the chemical analysis of the Product, Buyer gives written notice to Seller within seven (7) business days of the transfer of title in the Product to Buyer. Should the Buyer at any time commingle the Product with other product(s), Buyer shall be deemed to have accepted the Product as meeting the Specifications and it shall be deemed to have waived any claims in that regard. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS OF THE PRODUCT FOR ANY PARTICULAR PURPOSE. ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. (b) If Buyer properly notifies Seller that the Product does not meet the Specifications ("Off -Specification Product") and provides evidence that the Product is Off -Specification Product, then Buyer may choose at its option to keep the Product and pay a mutually agreed reduced price or request Seller replace the Off - Specification Product with Product that meets the Specifications or credit Buyer's account with the amounts paid for the Off -Specification Product, as Seller may elect. If the Seller does not agree with the Buyer that the Product is Off -Specification Product, the Parties shall resolve the dispute in accordance with Section 19 hereof. 3. FORCE MAJEURE: (a) Neither Party shall incur any liability to the other by reason of failure or delay in fulfilling its obligations (except with respect to payment for Product) where such failure or delay is beyond the reasonable control of the Party affected ("Affected Party"), has a material impact on the Affected Party and is caused by or results from acts of God, floods, fires, explosions, strike, lockouts, cessation, slowdown or stoppage of labour, sabotage, riots, war, enemy action, laws, regulations, rulings or acts of any governmental body or authority, inability to obtain electricity or other type of necessary energy, raw materials or labor, failure of equipment, storage, loading facilities, interruption of transportation or pipelines not due to the acts or omissions of the Party claiming force maj eure, failure of third party machinery due to accident or breakage, governmental restriction or prohibition of exports or imports, governmental blockade or hostility, governmental seizure or expropriation, the inability or failure by Seller's production facility to produce or deliver, either wholly or partially, the Product, or the inability or failure by a supplier of product to Seller, to produce or deliver, either wholly or partially, the product, or the closure of international trade routes, or any reduction of demand for one product produced in a co -product Seller's Facility resulting in a limited supply of the Product, or any other cause, whether of the same type or nature to the foregoing or not, beyond the reasonable control of the Affected Party and that would have a material impact on the Affected Party to perform its obligations, whether or not the contingency is of the same type or nature as those enumerated above (collectively called "Force Majeure"). 01.1 (b) The Affected Party shall promptly provide notice to the other Party ("Notice") of the Force Majeure event ("Force Majeure Event") explaining in detail the full particulars of the Force Majeure Event and the expected duration thereof. The Affected Party may elect to suspend performance of all or any portion of its obligations to the other Party for such time as may be reasonably necessary under the circumstances and shall use its commercially reasonable efforts to remedy the Force Majeure Event. At the end of a Force Majeure Event, either Party may at its option choose to terminate any orders that have not been delivered to the Buyer ("Terminated Orders"). Thereafter, neither Party shall have any further obligations with respect to the Terminated Orders and any minimum quantity purchase or sale contractual commitments in this Agreement, if applicable, shall be reduced by the amount of the Terminated Orders. If Seller chooses to terminate an order at the end of a Force Majeure Event, Buyer shall issue a new order in accordance with the terms hereof. In the event a Force Majeure Event extends for more than 90 days and the Force Majeure Event caused material harm to either Party, either Party may terminate this Agreement upon written notice to the other Party. 4. DELIVERY/COLLECTION — TITLE AND RISK: Unless mutually agreed upon in writing, for all Product sold hereunder, title, ownership and risk of loss shall pass to Buyer at the time the Product is loaded with carrier free carrier ("FCA") origin Seller's designated facility at Seller's plant, storage facility or terminal (in each case "Seller's Facility"), as applicable. Thereafter the Buyer shall bear all risk of the Product. For collection of the Product, Buyer shall comply with the standard policies, rules and procedures applicable to the relevant terminal or site. Buyer shall return all pallets, containers, vehicles and other receptacles intended to be returned without delay, clean and in good condition. Buyer shall unload Seller's equipment, as applicable, as soon as reasonably practicable and Buyer shall pay Seller's usual detention charges for each unit of Seller's equipment held at destination over stated free time. No reconsignment or other transfer whatsoever of Seller's equipment shall be made except with Seller's prior written consent. 5. SHIPMENTS: Where this Agreement covers more than one shipment of Product, Buyer shall give Seller at least ten (10) days' notice of shipping dates, accompanied by shipping instructions, with respect to each delivery required hereunder. Seller shall make reasonable efforts to ship in accordance with Buyer's requested dates and instructions, taking into account Seller's production and shipment schedules and inventory stocks. Seller shall not be liable for failure to meet Buyer's requested shipping dates and instructions, except as may be expressly agreed by Seller in writing. Seller shall not be required to deliver in any month more than the monthly quantity specified in this Agreement, or, if no monthly quantity is specified, more than a pro rata amount of the entire quantity of said goods sold hereunder during one calendar year. In the event that Buyer fails to take said specified or pro rata quantity in any month, Seller may, at its option, cancel such quantity or include same in subsequent deliveries hereunder. 6. PRODUCT WEIGHTS: Seller's weights FCA Seller's Facility, as specified in the invoice, shall govern, unless proven in error. Product weight shall be rounded to the nearest three decimal places. 7. REMEDIES AND TERMINATION FOR DEFAULT: (a) If Buyer shall default in the payment of any amount for a period of 10 days beyond the due date of such payment, Seller shall, in its sole discretion, be entitled to (i) stop any Product in transit and defer any further deliveries or require cash in advance of any delivery until Seller has been satisfied of Buyer's ability to pay or creditworthiness, as the case may be, (ii) charge a reasonable rate of interest on any amounts owing, and/or (iii) terminate this Agreement between Seller and Buyer with immediate effect. (b) Either Seller or Buyer may terminate this Agreement upon 10 days' prior written notice to the other Party in the event of the occurrence of any of the following events of default: (i) breaches of any material term or condition hereof by the defaulting Party; or (ii) if the defaulting Party shall be or become insolvent or if the normal conduct of business (or such defaulting Party's credit) shall become substantially impaired by such defaulting Party's credit problems; (iii) if the defaulting Party shall call any meeting of creditors or if a receiver or trustee shall be appointed for it or its assets; or (iv) if any petition, proceeding or action under any bankruptcy proceeding shall be filed or instituted by the defaulting Party or against it and, in the event such proceeding is filed against the defaulting Party, such proceeding is not dismissed within 30 days; provided that during the above 10 day notice period, the defaulting Party may cure its default and thereby NFA abate the termination; and provided further, that the Party giving notice of such default may, in its sole discretion, extend the period within which the defaulting Party may cure its default. In the event of termination as set forth in this section, the Party terminating this Agreement shall have, subject to any limitations contained in this Agreement, all rights and remedies available to it at law or in equity against the defaulting Party. 8. PRODUCT SAFETY: Seller has made Safety Data Sheets, including warnings and safety and health information concerning the Products and/or the containers for such Products sold hereunder available to Buyer. Buyer agrees to promptly and properly disseminate such information so as to give warning of possible hazards, if any, to persons who Buyer can reasonably foresee may be exposed to such hazards, including but not limited to Buyer's employees, agents, contractors or customers. 9. ASSUMPTION OF RISK: BUYER REPRESENTS THAT IT IS FAMILIAR WITH THE CHARACTERISTICS, QUALITIES AND USES OF THE PRODUCT IT IS PURCHASING FROM SELLER AND THAT BUYER IS NOT RELYING ON SELLER'S SKILL OR JUDGMENT TO SELECT OR FURNISH THE PRODUCT SUITABLE FOR ANY PARTICULAR PURPOSE. BUYER ASSUMES ALL RISK AND LIABILITY WHATSOEVER ASSOCIATED WITH THE PRODUCT, WHETHER SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES, AND FOR ANY AND ALL LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY OF BUYER OR OTHERS ARISING OUT OF THE USE, HANDLING, POSSESSION, OWNERSHIP, STORAGE, TRANSPORTATION, DISPOSAL, RESALE OR OTHER USE OF THE PRODUCT. 10. TECHNICAL ASSISTANCE: Upon request, Seller may provide technical assistance to Buyer. This assistance, if provided, is intended to aid employees of Buyer with skill and knowledge of the handling and processing of industrial chemicals. Seller offers such assistance in good faith BUT WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE AS TO THE ACCURACY, COMPLETENESS OR SUFFICIENCY THEREOF. SELLER EXPRESSLY DISCLAIMS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. BUYER ASSUMES ALL RISKS AND LIABILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF SUCH ASSISTANCE. 11. INDEMNIFICATION: To the maximum extent allowed by law, Buyer hereby agrees to indemnify, hold harmless and to defend Seller and its Affiliates, subsidiaries and associated bodies corporate and the respective former and current shareholders, directors, officers, employees, servants and agents of each of them (collectively, "Seller Indemnified Parties" from and against any and all actions or causes of action, claims, suits, demands, liabilities, penalties, fines losses, damages, sums, costs or expenses of whatever kind or nature, including attorneys' fees, which Seller may suffer or incur arising out of, related to or in any way connected with (i) negligence or willful misconduct of Buyer, its Affiliates, and their respective employees, subcontractors, agents, representatives or any other person under the control of or acting on behalf of Buyer (collectively, "Buyer Group"); (ii) the presence of any of Buyer Group at Seller's locations; (iii) Buyer Group's use, handling, possession, ownership, storage, transportation, disposal, sale or other use of the Product; (iv) Buyer's breach of or failure to perform or satisfy any of covenants or obligations this Agreement including this Agreement; or (v) Buyer Group's violation or alleged violation of any federal, state, provincial or local laws and regulations. Buyer acknowledges that its liability and indemnity obligations under this paragraph shall be without regard to the fault, negligence or strict liability of Seller Indemnified Parties, whether Seller Indemnified Parties' fault, negligence or strict liability is a joint, concurrent or partial cause excepting only the gross negligence or willful misconduct of a member of Seller Indemnified Parties. 12. LIMITATION OF LIABILITY: (a) Notwithstanding any other provision contained herein, Seller Indemnified Parties' maximum liability to Buyer Group on any claim of any kind for any loss or damage arising out of or in connection with or resulting from the purchase of Product by the Buyer from the Seller or from the performance or breach of this Agreement shall be limited to the purchase price for the Product with respect to which such matter arises or such claim relates. N-11 (b) Notwithstanding any other provision of this Agreement, Seller Indemnified Parties shall not be liable to Buyer Group for any indirect, incidental or consequential damages that may be suffered or incurred by Buyer Group, including but not limited to costs or claims arising from third party contracts, down time, lost production time, lost profits, lost earnings or business interruption. The limitations on, and releases from, liability expressed herein shall apply regardless of how caused and under any theory of liability, including without limitation, negligence (in whole or in part), strict liability, breach of contract, default or otherwise, of Seller Indemnified Parties whose liability is limited, and shall survive completion of the termination of this Agreement for any reason. (c) Any action by Buyer Group for breach of this Agreement must be commenced within two -years from the date of delivery of the Product with respect to which such matter arises or such claim relates. (d) For purposes of this Agreement, the term "Affiliate" shall mean a Party's ultimate parent company and any company more than 50% owned directly or indirectly by such ultimate parent company and for greater certainty, in the case of a Party being a partnership, a partner of the partnership shall be considered an Affiliate. 13. CONFIDENTIALITY: The Parties agree that the contents hereof, all offers, prices and other information exchanged are confidential and, except as required by law, all information shall be kept strictly confidential and shall not be disclosed to any other person or company without the prior written consent of the other Party. 14. PRICE: Invoice price shall be governed by time of shipment (bill of lading date), unless otherwise specified in this Agreement. 15. TAXES: Any tax, assessment, duty, excise fee, or other governmental charge (collectively "Governmental Assessments") upon the sale and/or shipment of the Product sold hereunder (including if applicable any anti-dumping, countervailing, or other special duties) imposed by any governmental authority shall be added to the price herein provided and shall be paid by Buyer. For purposes of this paragraph 15, Governmental Assessment shall not include income taxes payable by Seller. Buyer will indemnify, release and hold Seller harmless from and against any and all liability for Governmental Assessments that are Buyer's responsibility under this Agreement. If Buyer or the transactions hereunder are exempt from any Governmental Assessments, Buyer will timely provide Seller such certificates of exemption and or other information as Seller may reasonably request and Buyer agrees that until it does so, Seller will not be required to recognize any such exemption. The parties agree to cooperate with one another and provide such information to each as is reasonably requested and necessary to facilitate the filing of any returns for the Governmental Assessments described herein. 16. COMPLIANCE WITH LAWS: Buyer and Seller shall comply with the relevant provisions of any national, state, federal, provincial or local law or ordinance and all lawful orders, rules and regulations issued thereunder, which are applicable to the operation of Buyer's or Seller's respective businesses and the delivery and purchase of the Product as set forth herein. 17. GOVERNING LAW: The validity, interpretation, construction and performance of this Agreement, and the rights of the Parties, shall be governed by the laws in force in (i) the State of Illinois, United States of America if the Seller is a resident of the United States of America when this Agreement is entered into; and (ii) the Province of Alberta, Canada, if the Seller is a resident of Canada when this Agreement is entered into. 18. WAIVER OF JURY TRIAL: Each party, knowingly, voluntarily, and intentionally, waives its right to trial by jury in any preceding arising out of or related to matters set forth herein whether arising in tort, contract or otherwise. 4 79 19. DISPUTE RESOLUTION: Except for claims by Seller against Buyer for nonpayment of moneys due, prior to initiation by any party of any legal or other action or proceeding against any other party, the parties shall attempt in good faith to resolve any controversy or claim arising from or relating to this Agreement promptly by negotiations between representatives of the respective parties. The disputing party shall give the other party written notice of the dispute. Within 20 days after receipt of such notice, the receiving party shall submit a written response to the other party. The notice and response shall include a statement of each party's position and arguments supporting its position. The representatives shall meet at a mutually acceptable time and place within 30 days after the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the matter has not been resolved through negotiation within 60 days after the date of the disputing party's notice, then either party may take such action or inaction as it deems appropriate. Alternatively, if either party will not meet with the other party within 30 days after the date of the disputing party's notice, then either party may take such action or inaction as it deems appropriate without waiting for the expiration of the 60 day resolution period. Notwithstanding the above, at any time, either party may seek injunctive or equitable relief to protect against irreparable harm. All deadlines specified in this paragraph may be extended by mutual agreement of the parties. 20. PAYMENT AND CREDIT TERMS: Payment of sums due shall be made upon terms set forth in the invoice. All credit terms are subject to approval of Seller. Seller may recover for each delivery hereunder as a separate transaction, without reference to any other delivery. If Seller, in its sole judgment, concludes that Buyer is in unsound financial condition, or if Buyer is in default with respect to any of the terms and conditions of this agreement with Seller beyond any applicable cure period, including the terms of Buyer's credit application, Seller shall forthwith have the right to decline to make deliveries hereunder or to demand cash payment until such time as said credit has been reestablished or default cured to Seller's satisfaction or, without prejudice to any other legal remedy available to Seller, to decline further performance hereof. If Buyer places order for future delivery at a set price ("Forward Sale(s)"), this Agreement will confirm Buyer's binding order and any required down payment. Buyer's Forward Sale down payment is non- refundable, confirms acceptance, and binds Buyer to accept delivery and make payment in full. 21. NOTICE: Any notice permitted or required by this Agreement must be in writing and, unless otherwise stated, may be given in person or by courier, electronic mail or fax, to the recipient at the address set forth on the first page of this Agreement. Any such notice is deemed to be given: (a) if delivered in person, at the time of delivery; (b) if sent by courier, upon receipt, as evidenced by a delivery notice from the courier; (c) if sent by fax, at the time specified in the fax transmission report of full transmission, free of errors, to the recipient's fax number; (d) an electronic mail message is deemed to be: (i) dispatched or sent when it enters an information system outside the control of the sender; and (ii) received at the time when it enters an information system designated by the addressee. When an electronic message is sent to an information system other than that designated by the addressee, the electronic message is deemed to be received at the time when the addressee becomes aware of the message. 22. ASSIGNMENT: Buyer may not assign this Agreement without the prior written consent of Seller, such consent not to be unreasonably or arbitrarily withheld. 23. MISCELLANEOUS: (a) This Agreement constitutes the full and complete agreement between the Parties hereto related to the subject matter hereof and supersede all prior or contemporaneous understandings, statements, or agreements between the Parties on such subject matter. The Buyer acknowledges and agrees that no employee, officer, agent or representative of the Seller has the authority to make any representations, statements or promises in addition to or in any way different than those contained herein, and that it is not agreeing to this Agreement in reliance upon any representation, statement or promise of the Seller except as expressly stated herein. No changes, amendments or clarifications of any of this Agreement shall be valid or effective unless in writing and signed by an authorized representative of the Seller. (b) All purchase orders issued by the Buyer to the Seller are subject to this Agreement as if such provisions were fully set forth in such purchase orders. No other terms and conditions, whether on the reverse side of E:ii] the purchase orders, or otherwise presented, shall have any application, or any transactions occurring pursuant thereto, unless this Agreement are specifically amended in writing by the Seller and the Buyer. (c) The provisions of this Agreement are severable, and if any one or more provisions contained herein may be found to be judicially unenforceable, in whole or part, the remaining provisions shall nevertheless be binding and enforceable. (d) Each remedy contained herein shall be cumulative and in addition to any other remedy provided by law except that the Buyer's sole remedy for any claims arising out of or relating to a breach or alleged breach of Specifications shall be as stated in Section 2 above. The failure of either Party to insist on strict performance of any provision herein, or to take advantage of any right hereunder, shall not be construed as a waiver of such provision or right. (e) This Agreement, and all the terms and provisions hereof, shall endure to the benefit of and be binding upon the Parties hereto, and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns. (f) This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the Parties and delivered to the other Parties. A manual signature on the signature page to an agreement, an image of which shall have been transmitted electronically, will constitute an original signature for all purposes. The delivery of copies of the signature page an agreement or other document to be delivered pursuant to an agreement, including executed signature pages where required, by electronic transmission will constitute effective delivery for all purposes. (g) Seller shall have the right to apply any monies due from Buyer under any contract between the Seller or any of its Affiliates and Buyer toward the payment of any sums which Buyer may now or hereafter owe to Seller or Seller's Affiliates under any agreement. In addition, in the event that Buyer defaults in payment due to Seller, Seller shall have the right to withhold any unpaid sums due by Seller or any of its Affiliates to Buyer under any contract with Buyer and to apply such sums to the amount owing by Buyer to Seller or any of Seller's Affiliates. (h) The provisions of this Agreement which by their nature are intended to survive the termination, cancellation, completion or expiration of this Agreement, including, but not limited to, any indemnities or expressed limitations of or releases from liability, shall continue as valid and enforceable obligations of the Parties notwithstanding any such termination, cancellation, completion or expiration. 6 81 utrien- NUTRIEN CREDIT APPLICATION AND AGREEMENT I. APPLICANT INFORMATION: Date of Registration: Business Number/ FEIN: Legal Business Name: City of Saint JOhn Jurisdiction: DBA: Duns Number (if applicable) Legal Entity ❑ Sole Proprietorship ❑ Partnership ❑ Corporation ❑ L.L.C. ❑ Trust Government Social Insurance Number/Social Security Number (if applicable) Address 15 Market Square City Saint John Prov. / State New Brunswick Postal / Zip Code E2L 1E8 Telephone: (506) 632-6198 Fax: (506) 658-4742 Email Address: mat-man@saintjohn.ca Mailing Address (if different) P.O. Box 1971 City Saint John Prov. / State NB Postal / Zip Code E2L 41_1 Accounts Payable Contact Kelly McIntyre Telephone 506 658-4780 Fax N/A Email Addres elly.mclntyre@saintjohn.ca Parent Company (if applicable): Is Applicant PST exempt? ❑ Yes ,® No If yes, a tax-exempt certificate must accompany this application ALL OWNERS, PRINCIPALS PARTNERS (LIMITED AND GENERAL), OFFICERS OR MEMBERS Name Title Address John Collins ity Manager 15 Market Square, 8th Floor Kevin Fudge Comm. of Finance 15 Market Square, 9th Floor II. BUSINESS INFORMATION: (Please forward current year end financial statements with credit application) Number of years in business under current ownership: N/A Fiscal Year End Date: December 31st Name of similar or related businesses in which you have or had any interest within the last 5 years N/A Name State Status: Active; Inactive; Insolvent III. CREDIT INFORMATION A. BANK REFERENCES Bank Name and Address Contact Name and Email Address Telephone Fax # Scotia Bank, 39 King St, Saint John, NB Various 506 658-3365 Does Applicant have an established operating line of credit? ❑ Yes 0 No If Yes, name of bank and credit line amount: B. MAJOR SUPPLIERS (Trade references) Name Contact Email Address Telephone Fax # Downey Ford Duane Brown duane@downeys.ca (506) 634-6241 (506) 633-3452 McLennan Sales Doris Garland DMGarland@emcoltd.com (506) 634-3112 506 634-0480 Galbraith Construction Ltd. David Galbraith DGalbraith@bellaliant.com (506) 635-8855 506 635-1944 IV. SALES REPRESENTITIVE: If you wish to expedite the approval process, fax the Credit Application and current Financial Statement to the Credit Department confidential fax number 1-877-247-4864 in Calgary or fax number 1-847-849-4690 in Northbrook, then immediately mail the original form to: NUTRIEN NUTRIEN Attn: Credit Department Attn: Credit Department 13131 Lake Fraser Dr. S.E. 1101 Skokie Blvd., Suite 400 Calgary, AB T2J 7E8 Northbrook, IL 60062 gVephone 1-877-247-4860 Telephone 1-800-241-6908 IU trien Applicant offers this information to the following Nutrien Affiliates: (i) Agrium, Inc.; (ii) Agrium Canada Partnership; (iii) Agrium U.S. Inc.; (iv) PCS Sales (USA), Inc.;(v) PCS Sales (Canada) Inc.; (collectively "Nutrien") to induce consideration for credit. Applicant certifies the information submitted is true and correct. Applicant, recognizing that its credit history may be a factor in the evaluation of the creditworthiness of the Applicant, hereby authorizes NUTRIEN to request, obtain, use and/or verify any information useful for the purpose of NUTRIEN's credit investigation from: (1) the bank and trade references listed herein; (2) any credit information agency or organization; and (3) from any individual from whom Applicant has received, or will receive, credit during the term of this Credit Application and Agreement. Applicant hereby authorizes NUTRIEN to provide a copy of this Agreement to such parties as evidence of Applicant's consent to release such information. Unless other written documents signed by NUTRIEN state otherwise, all sales on accounts which have established a credit relationship with NUTRIEN ("Credit Sales") are due and payable in full by the due date according to the terms of sale specified on the invoice. A finance charge of 1.5% per month (18% Annual Percentage Rate) or the legal maximum rate may be accessed against sales which have not been paid in accordance with the payment terms under the invoice(s) or other documents. NUTRIEN reserves the right to change the finance charge rate from time to time by written notice to the Applicant 15 days prior to the effective date. Unless Applicant notifies NUTRIEN to terminate their account after receipt of such notice, Applicant shall be deemed to agree to the change after the 15 days. For those accounts that incur finance charges, NUTRIEN may apply payments or credits first to the finance charges and subsequently to outstanding invoice balances at the discretion of NUTRIEN. Upon NUTRIEN approval, NUTRIEN will assign Applicant credit guidance amount ("Credit Guidance"). Unless otherwise agreed by NUTRIEN in writing, Applicant shall provide NUTRIEN with a current year-end financial statement, upon NUTRIEN's request, which accurately represents Applicant's financial condition as of the date of such financial statement. Applicant understands that NUTRIEN will rely on the accuracy of the financial information in deciding to extend credit and set a Credit Guidance. Should Applicant's account balance at any time exceed any established Credit Guidance, liability for payment additionally extends for the entire balance. NUTRIEN has the right to reduce the Credit Guidance and/or withdraw Applicant's credit under this Credit Agreement at any time without prior notice, except as otherwise provided by law. NUTRIEN reserves the right to revoke credit or demand full payment if Applicant fails to pay when due or, if in the reasonable discretion of NUTRIEN, there has been an adverse change in Applicant's ability to repay credit extended by NUTRIEN; whereupon NUTRIEN shall have the right to demand payment or other assurances it deems adequate. In the event Applicant fails to make timely payment, NUTRIEN is hereby authorized to file any lien available in the manner provided by applicable law notwithstanding the terms of invoices or other documents. NUTRIEN does not waive any right by accepting late payments. If Applicant defaults on its payment obligations to NUTRIEN, Applicant agrees to pay any reasonable attorney fees and costs of collection incurred by NUTRIEN in recovering payment from Applicant. In consideration of NUTRIEN extending credit to Applicant from time to time, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, APPLICANT, BY SIGNING BELOW, ACKNOWLEDGES IT HAS READ, UNDERSTANDS, ACCEPTS AND AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED, OR INCORPORATED BY REFERENCE, IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE NUTRIEN GENERAL TERMS AND CONDITIONS OF SALE, IN CONNECTION WITH ALL PURCHASES BY APPLICANT FROM NUTRIEN, INCLUDING, WITHOUT LIMITATION, ALL THE RIGHTS, OBLIGATIONS, WARRANTY DISCLAIMERS, RELEASES, INDEMNITIES, AND LIMITATIONS OF LIABILITY CONTAINED THEREIN (BE THEY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES). THE NUTRIEN GENERAL TERMS AND CONDITIONS OF SALE ARE AVAILABLE FOR REVIEW AT https://www.NUTRIEN.com/AaTracker/genera]terms.html THE NUTRIEN GENERAL TERMS AND CONDITIONS ARE ALSO AVAILABLE UPON REQUEST BY 1) CALLING 877-247-4868 OR 2) EMAILING csrca(a)nutrien.com IN CANADA, OR pricinqus(a)nutrien.com IN THE UNITED STATES. NOTWITHSTANDING ANY OTHER PROVISION IN THE CREDIT AGREEMENT, NUTRIEN MAY FROM TIME TO TIME MODIFY THE NUTRIEN GENERAL TERMS AND CONDITIONS OF SALE AFTER PROVIDING THE APPLICANT WITH AT LEAST THIRTY (30) DAYS ADVANCE NOTICE OF ANY SUCH MODIFICATIONS (SUCH NOTICE MAY BE COMMUNICATED TO APPLICANT IN WRITING OR VIA E-MAIL TO THE LAST KNOW ADDRESS OR E-MAIL ADDRESS PROVIDED BY APPLICANT TO NUTRIEN, OR BY POSTING A NOTICE OF REVISED GENERAL TERMS AND CONDITIONS AT https://www.NUTRIEN.com/AgTracker/generalterms.html.) UPON NOTICE OF A MODIFICATION TO THE NUTRIEN GENERAL TERMS AND CONDITIONS OF SALE, APPLICANT MAY (1) CEASE CONDUCTING BUSINESS WITH NUTRIEN (EXCEPT FOR ANY OBLIGATIONS STILL OWING FROM BUYER TO NUTRIEN) IF APPLICANT DOES NOT AGREE TO BE BOUND BY SUCH MODIFIED TERMS AND CONDITIONS, OR (2) AGREE TO BE BOUND BY SUCH MODIFIED TERMS AND CONDITIONS BY CONTINUING TO ACCEPT CREDIT FROM NUTRIEN. NO MODIFICATIONS TO THE NUTRIEN GENERAL TERMS AND CONDITIONS OF SALE SHALL APPLY RETROACTIVELY. THE INDIVIDUAL SIGNING BELOW HAS FULL AUTHORITY TO REPRESENT, SIGN FORAND BIND APPLICANT TO TERMS OF THIS AGREEMENT. Type or Print Name/Title Date Signature Signature Legal Business Name: 83 COUNCIL REPORT M&C No. 2019-201 Report Date August 07, 2019 Meeting Date August 19, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract 2019-18: MRG Sanitary Sewer System — X Station Culvert Renewal OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager John Campbell Brent McGovern /Brian Keenan John Collin RECOMMENDATION It is recommended that Contract No. 2019-18: MRG Sanitary Sewer System — X Station Culvert Renewal be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $307,510.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2019- 18: MRG Sanitary Sewer System — X Station Culvert Renewal to the low Tenderer. PREVIOUS RESOLUTIONS December 9, 2013, (M&C 2013-272), 2014 Water & Sewerage Utility Fund Capital Program Approved. March 25, 2019, (M&C 2019-63), Contract 2019-09 — M -R -G Forcemain Renewal — Phase 1 Adopted. E:iI -2 - REPORT BACKGROUND The approved Water and Sewerage Utility Fund Capital Program includes funding for renewal of the sanitary forcemain in the Greenhead Road / Dever Road area between X Station and Y Station. The existing forcemain is deteriorated and requires replacement. The Contract for this work was awarded in March, 2019 (M&C 2019-63). The existing culvert crossing the access road to X station is badly deteriorated and was temporarily repaired while engineered plans for its replacement were being prepared. The planned renewal of the culvert will be carried out in conjunction with the forcemain renewal. TENDER RESULTS Tenders closed on August 6, 2019 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 307,510.00 2. Fairville Construction Ltd., Saint John, NB $ 357,270.50 3. TerraEx Inc., Saint John, NB $ 412,165.75 The Engineer's estimate for the work was $295,813.35 including HST. /_101FAW01161 The tenders were reviewed by staff and all were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Id1►/_10[0/_1N1LTA I»[4LINO[Q0161 The Contract includes work that is charged against the Water and Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 383,000.00 Project net cost $ 303,345.00 Variance (Surplus) $ 79,655.00 E:16'7 -3- Igo] 114V=II1►19711 ilk] 1►[eto] aiI 0PII: e141 M 011150]►1111ATTO W The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The renewal of the X Station culvert is essential for access to critical infrastructure. This access is crucial for maintenance and reducing the likelihood of future, large-scale service disruptions and environmental impacts due to infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A E:11.1 COUNCIL REPORT M&C No. 2019-202 Report Date August 07, 2019 Meeting Date August 19, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Road Salt Delivery OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mike Hugenholtz John Collin RECOMMENDATION It is recommended that Common Council: 1. Award the tender for road salt delivery to Kingsco Transport Ltd. for a two year period. 2. And that the Mayor and Common Clerk be authorized to sign the required documents. EXECUTIVE SUMMARY The City of Saint John uses road salt as well as sand to keep streets and sidewalks clear in the winter. Both materials are procured through supply contracts. Separately on the Council Agenda there is another report recommending that Saint John 'piggy back' on the Province's supply contract for road salt with Nutrien. Many of the other municipalities in the Province have plans to do the same. The tender for pick-up and delivery of the road salt was undertaken as a tri -city partnership, with the City of Moncton facilitating the process. Only one bid was received for delivery to Saint John which was from Kingsco Transport Ltd.. The price provided is $8.61/tonne plus tax. The contract is a 2 year contract, with a 2% increase in the second year. E:Yl -2 - STRATEGIC ALIGNMENT This report supports Council's priorities of Safe and Vibrant City and valued service delivery. SERVICE AND FINANCIAL OUTCOMES Staff estimate, based on historical usage data, the City's requirement for road salt is approximately 12,000 tonnes per year. The combined price of the new road salt supply plus delivery is anticipated to be in the order of $765,000. On a unit cost basis this represents an increase of approximately 3% over last year. The severity of each winter however will impact how much material will actually be required. This is a planned expenditure for which funds are included in the annual operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management staff have reviewed the information provided by the City of Moncton and Kingsco Transport Ltd. and have found them to be complete and formal in every regard. Staff believes that Kingsco has the necessary resources and expertise to deliver this product to the City. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. E:1:3 COUNCIL REPORT M&C No. 2019-196 Report Date August 01, 2019 Meeting Date August 19, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Initiate Closure of Portion of Mitchell Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION It is recommended Common Council adopt the following resolution: 1. That the Public Hearing to consider the passing of a By-law to Close a 1,689.2 square metre portion of a public street known as Mitchell Street, as shown on a Plan of Survey (see attached), be set for Monday, September 9, 2019 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider passing of such By-law identified above; and 3. In the event that Common Council gives First and Second Reading to Amending a By-law as stated above, that Council withhold Third Reading pending a further report from City staff regarding the details of the possible sale of the area described in the aforesaid notice. EXECUTIVE SUMMARY Viva Developments Inc. is the owner of the property known as the Mitchell Street apartments which contain approximately 72 residential units. They recently purchased the property and are in the process of renovating the various dwelling units to make them habitable. It is their intent to close and acquire the land used for Mitchell Street and redefine/redevelop the area for parking, driveway and landscaped areas. Staff is in agreement with the portion of Mitchell Street, as shown on the attached plan of survey to be considered for closure and subsequent sale. 89 -2 - The details of the terms and conditions of the land transfer of this property along with the City's need to maintain some of its infrastructure are still being finalized. The recommendation contained in this report will facilitate the process for Council to consider the closing of the street as shown on a plan of survey (attached) and staff will provide an additional report for Council's consideration including the details of the conveyance prior to Third Reading. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City and creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT Further to the comments contained in the Executive Summary. Mitchell Street services only one property which is comprised of six buildings containing a total of approximately 72 apartment units. No other property is adjacent to or utilizes Mitchell Street for access purposes. The multi -unit development is owned by Viva Developments Inc. which recently purchased the property and is currently in the process of substantial renovations. The proponent is also planning to redefine/redevelop the parking areas, driveways and landscaped areas. In order to achieve this, the owner is seeking to close and acquire Mitchell Street to add to their land holdings. Various City departments have been advised and are supportive of the proponent's development plans for this property and are in agreement to have Council consider the closure of a significant portion of Mitchell Street, as shown on the attached plan of survey. A small portion of Mitchell Street, where it intersects with Parks Street will be retained as a public street to provide access to an existing City lift station. The infrastructure contained within the "to be" closed portion of Mitchell Street would become the responsibility of the owner to maintain. In the interim, the developer will be commencing some preliminary work on the piece of land used for Mitchell Street. The developer has named the City of Saint John on the insurance certificate to minimize any potential risk. Once again, various City departments have been advised and are supportive of this preliminary work. 0I91 -3 - The recommendation contained in this report will initiate the process to consider the street closing with a further report to be considered by Council detailing the terms and conditions of sale, prior to consideration of Third Reading. SERVICE AND FINANCIAL OUTCOMES There are no financial costs to the City associated with this project, while the reduction in City infrastructure required to be maintained would benefit the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water, Transportation and Environment Services along with Infrastructure Development are all in agreement to have the surveyed portion of Mitchell Street closed and conveyed to the adjoining property owner. The City Solicitor's office has reviewed this report and is satisfied with the recommendation to Council. ATTACHMENTS 1. Location Map; and 2. Plan of Survey 021 ON vx u I 4.; 12 i -� . e W. ',. r ., IIS ' -.:. I. 1' .� ��, 'ar, h „ n C I e'� x, "� %msµ., .., ;ph a Zia MINN j oil Ile, pill ass, 1 to! a h oil 5 e 212 1 aa 193 ELI low P - 52f, ".H', 5 .v S 11 T 5 A 5 15 1 .... ........ TP TNI s � 13 i AV a"7 �IX WWI QW, L:�L� z 1 O"A Ito* ON COUNCIL REPORT M&C No. 2019- 212 Report Date August 14, 2019 Meeting Date August 19, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Request for Proposal No. 2019-463002P - Packaged Pump Station OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Gerry Mattsson J. Brent McGovern John Collin RECOMMENDATION It is recommended that the proposal submitted by Fairville Construction Ltd. for the purchase of the new Packaged Pump Station at a cost of $466,000.00 plus HST be accepted. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the purchase of the Packaged Pump Station to the recommended proponent. PREVIOUS RESOLUTION On July 29, 2019, Common Council resolved to approve an adjustment to the 2019 Water & Sewerage Utility Fund Capital Program to establish a new project entitled Fallsview Drive — Interim Booster Pump Station with a budget of $575,000 ($525,000 net cost after HST rebate) with the overall 2019 Water & Sewerage Utility Fund Capital Program to remain at the original approved envelope amount as the Fallsview Drive — Interim Booster Pump Station project will be offset from a $525,000 budget surplus from the Metcalf Street project. STRATEGIC ALIGNMENT Saint John invests in sustainable City services and municipal infrastructure. -2 - SERVICE AND FINANCIAL OUTCOMES With the adoption of M&C 2019-189 on July 29, 2019 a budget of $575,000 ($525,000 net cost after HST rebate) was established for the Fallsview Drive — Interim Booster Pump Station project however the cost of the packaged pump station is greater than budgeted which now increases the cost of the project to $694,107 plus HST. Therefore the difference required to cover the difference will be budgeted as part of the 2020 Capital from Operating Budget. INPUT FROM OTHER SERVICE AREAS — MATERIALS MANAGEMENT Materials Management facilitated the Request for Proposal (RFP) process to solicit proposals for the Packaged Pump Station. As such, the RFP closed on Thursday, July 25, 2019 with the following three (3) proponents responding by submitting proposals: Fairville Construction Ltd. National Process Equipment Inc. Filtrum Construction A review committee, consisting of staff from Saint John Water, Materials Management, and the City's consultant (CBCL Ltd.) reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Technical Merit 2. Demonstrated Delivery and Past Experience 3. Equipment Supplier's Servicing Capabilities 4. Delivery 5. Cost In accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits first. Following this, the financial proposals were opened and evaluated and corresponding scores were added to the technical scores. Fairville Construction Ltd.'s proposal was selected as the best proposal based on an overall rating of the evaluation criteria offering the strongest overall solution for the City at a cost acceptable to staff. The above processes are in accordance with the City's Procurement Policy and Materials Management support the recommendations being put forth. ATTACHMENTS N/A AN COUNCIL REPORT M&C No. 2019-207 Report Date August 09, 2019 Meeting Date August 19, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Follow-up to Saint John Citizen's Coalition Letter re: GrowSJ 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 John Collin RECOMMENDATION That this report be received for information EXECUTIVE SUMMARY At its last meeting, Council referred a letter from the Saint John Citizen's Coalition Re: GrowSJ to the City Manager for a report. Staff examined the Mayor's GrowSJ website and reviewed the public engagement budget sessions organized by the Mayor's office. The explorer brand and logo is no longer appearing on the GrowSJ.life website and staff is of the opinion that public funds have not been misused. PREVIOUS RESOLUTION Council resolution of July 29, 2019: "RESOLVED that the Letter Saint John Citizen's Coalition — GrowSJ Brand be referred to the City Manager and to report back to Council." REPORT At its July 29, 2019 meeting, Council referred a letter dated July 24, 2019 from Randall Goodwin of the Saint John Citizen's Coalition to the City Manager for a report. In his letter Mr. Goodwin requests that Common Council "review the Mayor's personal initiative or brand, known as GrowSJ, to ensure that all activities related 01:3 to the entity are legitimate and acceptable under the Code of Conduct for Elected Representatives." It is important to note that Common Council is responsible for administering the Code of Conduct for Elected Members of The City of Saint John bylaw. Therefore, staff's examination of Mr. Goodwin's letter focused on two key questions: 1) Was there a copyright violation? 2) Was there a misuse of public funds? The Explorer brand and logo was developed in 2003 during the "True Growth" initiative led by Enterprise Saint John ("ESJ"), now called Economic Development Greater Saint John ("EDGSJ") and was trademarked by ESJ. The brand and logo is used in varying degrees by the five municipalities of Greater Saint John. Staff confirmed that the Mayor's personal webpage (growsj.life) had been displaying the Explorer brand logo. The Mayor has since removed the logo from the website and replaced it. It is staff's view that no further action on this matter is required. The question of whether public funds have been misused for the Mayor's GrowSJ initiative or the public engagement budget sessions has also been examined. Firstly, the Mayor's personal GrowSJ webpage is not administered by the City and the Mayor has advised that he owns and paid for the website and domain name on his own. Secondly, the Mayor's public engagement budget sessions were organized and managed by the Mayor's office and did not receive support from City administration. The Mayor has advised that spaces for these meetings were donated and that public funds were not used to organize these events. In conclusion, it is staff's opinion that there has not been a misuse of public funds and that no further action is recommended. STRATEGIC ALIGNMENT SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Mayor's Office was consulted. ATTACHMENTS N/A 061 COUNCIL REPORT M&C No. 201.11..208 Report Date August 14, 2019 Meeting Date August 19, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Green Energy Municipal Plan and Zoning By-law Amendments — referral to Planning Advisory Committee OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Corey Cooper Jacqueline Hamilton I John Collin RECOMMENDATION 1. THAT Common Council refer the proposed Municipal Plan By -Law Amendments set out in Schedule "A" to M&C No. 2019-208 dated 14th day of August 2019 to the Planning Advisory Committee for consideration at its meeting scheduled for September 17, 2019; and 2. THAT Common Council direct staff to give the required notice of Council's intention to consider the aforesaid Municipal Plan By -Law Amendments at a public hearing to be held at the Council Meeting scheduled for the 7th day of October, 2019. PREVIOUS RESOLUTION On July 8, 2019, a Public Presentation was held for Municipal Plan amendments that would help facilitate Green Energy Developments in accordance with the Community Planning Act. Following the Public Presentation, there is a 30 -day period for Public comment on the proposed Municipal Plan amendments. REPORT The required 30 -day public comment period closed on August 7, 2019 and 20 letters were received. The following table is a summary of the comments received, and how they are recommended to be addressed. `tell] Area of Concern Rockwood Park Municipal Parks Parks & Natural Areas Industry Concerns Summary Opposition of Opposition of Opposition to Recommendations to of Content Green Energy development in development in include a more projects in Municipal Park Parks & Natural permissive approach Rockwood Park. lands due to Areas due to the to Green Energy Concern of environmental potential impact on development disruption of impact, reduction the environment including the park, and of the use of these and citizens. opportunity for concerns over lands for citizens, Proximity to urban development of wildlife. and the selling of life is seen as projects within the these lands to detrimental. PDA and increasing private the allowable users/developers. maximum height. How Addition of new Staff believe that Staff believe that The requested Concerns criteria to prevent the change to altering the addition of the are Green Energy Policy LU -95 language used in Industrial Designation Addressed projects from addressing the Municipal Plan or changing the being located in Rockwood Park & amendments to Primary Development Municipal Parks Municipal Parks will facilitate Green Area (PDA) boundary including also address this Energy is beyond the intent Rockwood Park concern. development in of this application for policy LU -95: Parks & Natural (which is to provide Areas, would not opportunities outside f) "Shall not be only severely of the PDA). located within reduce the municipally opportunities Staff recommends a owned Parks available for high change to the including, but not output locations, maximum height of limited to but would make wind turbine towers Rockwood Park. this initiative from 200 to 220 ineffective. metres. Staff arranged a meeting on July 23, 2019 with the Friends of Rockwood Park (F.O.R.P.) group. Staff from Growth and Community Development Services and DevelopSJ, along with several F.O.R.P. members attended. Attendees voiced concerns, and then general information regarding the proposed amendments was discussed. Natural Forces, a Nova Scotia based private power producer that pursues partnerships across Canada, has requested a meeting to discuss the Municipal Plan amendments, as well as the future Zoning By-law amendments. A preliminary review of the Natural Forces letter is complete. Staff are not in support of adding Heavy Industrial Designation or changing the boundary of the Primary Development Area (PDA). Staff do support a change to the maximum height for Large Scale Wind Turbines (LWT) from 200 to 220 metres — this would eliminate the need for height variances. Staff also believe the process for testing stations, outlined in the proposed Green Energy zone is sufficient. Permit turnaround times are typically less than 20 days, and would be through an as -of -right process. `to]I After considering all of the valuable feedback from the public, Staff have determined that it is proactive to propose changes to the initial draft of the Green Energy recommendations. These changes maintain the purpose and integrity of the initial recommendations while responding appropriately to public concern. Staff suggests an additional criterion to Policy LU -95, which should ensure the concerns of the public relating to Parks & Natural Areas are addressed, especially in regards to Rockwood Park: f) Shall not be located within municipally owned Parks including, but not limited to Rockwood Park. As per the legislative planning process to consider amendments to the Municipal Plan, Council has two options following the conclusion of the public presentation period: 1. To receive the submissions from the public, and to proceed through the required process which involves scheduling the public hearing date and referral of the amendments for consideration by the Planning Advisory Committee; or 2. Not to proceed further with the consideration of the amendments to the Municipal Plan. With the recommended revisions to address the issues raised by the public, Staff are recommending that Council proceed with the process to consider these amendments (option 1). Green energy is an emerging sector for Saint John and these amendments will proactively position Saint John to capitalize on this sector with an appropriate land use regulatory regime. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office has reviewed this report. ATTACHMENTS 1— Public Notice for the Proposed Municipal Plan presentation posted on June 26, 2019 on the City of Saint John's website. 2 — Proposed Municipal Plan amendments `[oya PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU PLAN AMENDMENT MUNICIPAL RE: POLICIES RELATED TO GREEN OBJET: POLITIQUES RELATIVES AU ENERGY DEVELOPMENT DEVELOPPEMENT DES ENERGIES VERTES Public Notice is hereby given that the Common Le public est avis& que le conseil communal de The Council of The City of Saint John intends to City of Saint John a l'intention d'examiner une consider an amendment to the Municipal modification a son Plan municipal, y compris aux Development Plan which would include politiques du Plan municipal, et notamment aux amendments to the Municipal Plan policies sections 2.4 Secteurs ruraux, 2.5 Terrains communs including amending Sections 2.4 The Rural Areas, au principal secteur de d&veloppement et aux 2.5 Lands Common to the Primary Development secteurs ruraux et 7.8 Efficacit& &nerg&tique et aux Area and The Rural Areas, 7.8 Energy Efficiency sous -sections 3.6.1 Secteur de ressources rurales et and subsections 3.6.1 Rural Resource and 3.7.1 3.7.1 Designations communes d'utilisation des sols, Parks and Natural Areas in addition to other en plus de modifications a d'autres sous -sections et relevant subsections and policies in order to politiques pertinentes, en vue de permettre les facilitate Green Energy Developments. am&nagements d'&nergie verte, lors de la r&union ordinaire qui se tiendra dans la salle Ludlow, a A public presentation of the proposed amendment 1'h6tel de ville, le fundi, 8 juillet 2019 a 18 h 30. will take place at a regular meeting of Common Council on Monday, July 8, 2019 in the Ludlow Room, 8t' floor of City Hall. REASON FOR CHANGE: RAISON DE LA MODIFICATION: To facilitate the ability to construct green energy Afin de permettre la construction de projets projects involving wind and solar in limited d'&nergie verte visant 1'6nergie &olienne et solaire designations in the Municipal Plan. dans certaines d&signations du Plan municipal. Written objections to the proposed amendment may Veuillez faire part au conseil par &crit de vos be made to the Council, in care of the undersigned, objections au projet de modification au plus tard le by August 7, 2019. Enquiries may be made at the 7 aout 2019 a 1'attention du soussign&. Pour toute office of the Common Clerk or Growth and demande de renseignements, veuillez communiquer Community Development Services, City Hall, 15 avec le bureau du greffier communal ou le bureau Market Square, Saint John, N.B. between the hours de service de la croissance et du d&veloppement of 8:30 a.m. and 4:30 p.m., Monday through communautaire a 1'h6tel de ville au 15, Market Friday, inclusive, holidays excepted. Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f&ri&s. Jonathan Taylor, Common Clerk Jonathan Taylor, Greffi&re communale 658-2862 6582862 `NQ BY-LAW NUMBER C.P. 106 -XX A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE N° C.P. 106 -XX ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Le conseil communal de The City of Saint John, etant reuni, edicte cc qui suit : The Municipal Plan By-law of The L'Arrete concernant le plan City of Saint John enacted on the 30th day municipal de The City of Saint John, edicte of January, A.D. 2012 is amended by: le 30 janvier 2012, est ainsi modifie : 1) Deleting a portion of Section 7.8 Energy Efficiency and replacing it with the following: "Policy NE -38 Explore and encourage the development and use of alternative energy sources, such as solar, wind, geothermal, biomass, and energy recovery. These developments shall occur in the appropriate Green Energy zone, and will be accommodated in Rural Resource and Parks and Natural Areas " 2) Deleting a portion of Section 2.4 The Rural Areas and replacing it with the following: "Lands outside the Primary Development Area are generally described as Rural Areas and are not provided with municipal water and wastewater services. The Rural Areas will support limited growth and development which will be carefully controlled through Municipal Plan policy in order to encourage most development to take place within the Primary Development Area. Rural Areas include three sub -categories described as Rural Resource Areas. Rural Resource Areas are primarily undeveloped lands with the potential for rural resource activity such as pits and quarries, forestry uses, and alternative energy development, such as wind and solar. New resource uses may be permitted in Rural Resource Areas provided the proposal meets the criteria outlined in the Land Use Chapter of the Municipal Plan, and relevant provisions of the Zoning Bylaw." 104 1) Le Plan municipal est modifie par suppression, A la section 7.8 Efficacite energetique, de la politique NE -38 et son remplacement par cc qui suit: Politique NE -38 Etudier et encourager le developpement et 1'utilisation de sources d'energie de remplacement telles que 1'energie solaire, eolienne, geothermique, de biomasse, et la recuperation d'energie. Ces amenagements auront lieu dans les zones d'energie verte qui conviennent et seront accueillis dans les secteurs de ressources rurales et les pares et aires naturelles. 2) Le Plan municipal est modifie par suppression d'une partie de la section 2.4 Secteurs ruraux et son remplacement par cc qui suit: Les terrains situes hors du principal secteur de developpement sont generalement consideres comme des secteurs ruraux et ne regoivent pas les services municipaux d'alimentation en can et d'evacuation des eaux usees. Les secteurs ruraux accueilleront une croissance et un developpement limites, qui seront soigneusement controles grace A des politiques du plan municipal qui encourageront la majeure partie du developpement A se diriger vers le principal secteur de developpement. Les secteurs ruraux comprennent trois sous - categories appelees secteurs de ressources rurales. Les secteurs de ressources rurales sont surtout des terrains non amenages qui peuvent se preter 3) Deleting a portion of Section 2.5 Lands Common to the Primary Development Area and the Rural Areas and replacing it with the following: "The Parks and Natural Areas and the Federal Transportation categories apply to lands within the PDA and to the Rural Areas. Parks and Natural Areas are currently in a primarily natural state or would benefit from re - naturalization and are not appropriate locations for development. Park and Natural Areas include wooded lands, lake shores, rivers, coastlines, and important geology and habitat. Through specific policies in Chapters 3 and 7, such as the provision of wildlife corridors, protection of environmentally sensitive/significant areas, and guidelines for watersheds, riparian, coastal and estuarine areas, the lands are intended to form a system of natural areas to conserve ecosystems. Due to the large provision of Park and Natural Areas in largely inaccessible areas of the city, Green Energy Developments, as defined within the City's Zoning By-law, are appropriate, subject to required provincial and federal approvals." 4) Deleting a portion of Section 3.6.1. Rural Resource Area and replacing it with the following: "The majority of lands within the City's Rural Areas are located in the Rural Resource Area designation. These lands are intended to facilitate resource related activities, where appropriate, such as forestry operations, wind and solar energy development, agriculture, fisheries, and extraction activities, including pits and quarries. Limited residential and other land uses may be contemplated." Policy LU -95 Create the Rural Resource Area designation on the Future Land Use map (Schedule B). Council 105 A une exploitation de ressources rurales comme les cairiares et ballastieres, les utilisations forestieres et le developpement des energies de remplacement, telles que 1'energie eolienne et solaire. De nouvelles utilisations liees A 1'exploitation de ressources peuvent etre autorisees dans les secteurs de ressources lurales, pourvu que la proposition satisfasse aux criteres formules dans le chapitre sur 1'utilisation des sols du plan municipal et les dispositions pertmentes de 1'arrete de zonage. 3) Le Plan municipal est modifie par suppression d'une partie de la section 2.5 Terrains communs an principal secteur de developpement et aux secteurs ruraux et son remplacement par cc qui suit: Les categories des pares et aires naturelles et des secteurs de transport federal s'appliquent aux terrains dans le principal secteur de developpement aussi bien qu'A ceux des secteurs luraux. Les pares et aires naturelles sont actuellement dans un etat essentiellement naturel on beneficieraient d'une renaturalisation et ne sont pas des endroits propices an developpement. Les pares et aires naturelles comprennent des terrains boises, des rives de Lacs, des rivieres, des c6tes ainsi que des sites geologiques et des habitats importants. Grace A des politiques particulieres enoncees aux chapitres 3 et 7, notamment 1'amenagement de corridors fauniques, la protection de secteurs ecosensibles on ecologiquement importants et des directives concernant les bassins hydrographiques et les zones riveraines, c6tiares et estuariennes, it est prevu que ces terrains formerontun systeme d'aires naturelles afin de conserver les ecosystemes. En raison de la grande quantite de pares et aires naturelles dans des secteurs de la municipalite qui sont, en grande partie, inaccessibles, les amenagements d'energie verte, an sens de cc terme defini dans intends that land within the Rural Resource Area designation shall generally remain in their natural state, or subject to regulation and required approvals, be used for appropriate resource uses, including forestry operations, wind and solar energy development, agriculture uses, including livestock operations and the fishery, and extraction activities, including pits and quarries. Provide that wind and solar energy developments may be located in the Rural Resource Area designation provided that the land is rezoned to the Green Energy Zone. The Green Energy Zone defines the specific performance standards for their operation, and the rehabilitation of operative and inoperative wind and solar energy developments. In considering applications to rezone a property to the Green Energy Zone, Council shall ensure the proposed use can demonstrate compliance with all of the zone provisions, including: a) The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws; b) Compatibility with and/or minimal impact on existing adjacent land uses; c) Submission of measures to mitigate storm water drainage, noise, and other impacts. d) Where appropriate, the provision of visual screening for solar energy developments; e) Measures to ensure decommissioning and rehabilitation of the site; I) Shall not be located within municipallly owned Parks including, but not limited to Rockwood Park; g) All application policies from Section I-2 106 1'arret6 de zonage de la municipalit6, seront peimis, sous r6seive des approbations provinciales et f6derales requises. 4) Le Plan municipal est modifi6 par suppression d'une partie de la sous - section 3.6.1 Secteur de ressources rurales et son remplacement par cc qui suit : La plupart des terrains dans les secteurs ruraux de la municipalit6 se trouvent A des endroits d6sign6s comme secteurs de ressources rurales. Leur raison d'6tre est de faciliter, aux endroits appropri6s, les activit6s lilies aux ressources, par exemple les operations foresti&es, les pares 6oliens et solaires, 1'agriculture, la p6che et les activit6s d'extraction, y compris les carriages et les ballasti&es. Des utilisations r6sidentielles limit6es et d'autres utilisations des sols pourront etre envisages. Politique LU -95 Etablir la d6signation de Secteur de ressources rurales sur la carte d'utilisation future des sols (annexe B). L'intention du conseil est que les terrains ayant la d6signation de Secteur de ressources rurales demeurent g&n6ralement A leur Etat naturel on que, sous r6serve des raglements et des approbations requises, elles servent A des utilisations appropri6es lilies aux ressources, y compris les operations foresti&es, les pares 6oliens et solaires, des utilisations agricoles — y compris les fermes d'61evage — et la peche, et des activit6s d'extraction — y compris les cairi&es et les ballasti&es. Pr6voir que les pares 6oliens et solaires peuvent etre exploit6s dans la d6signation de Secteur de ressources rurales, pourvu que les terrains soient rezon6s zone d'6nergie verte. La zone d'6nergie verte prescrit les normes sp&cifiques de rendement de leur exploitation et la remise en Etat des pares 6oliens et solaires exploit6s on non. Lorsqu'il 6tudie les demandes visant A rezoner une propri6t6 en zone d'6nergie verte, 5) Deleting a portion of Section 3.7.1. Parks and Natural Areas and replacing it with the following: "Policy LU -110 Create the Park and Natural Areas designation on the Future Land Use map (Schedule B). Council intends that the Park and Natural Areas designation will permit a range of conservation and appropriate recreational land uses permitted in the City's major regional and community parks, environmentally sensitive or significant areas, lands that are located adjacent to watercourses, lands adjacent to the City's coast lines, estuarine areas, significant archaeological and geological sites, historic sites, designated heritage places and cemeteries. Council may permit commercial recreation uses in the Park and Natural Area designation subject to appropriate standards in the Zoning Bylaw. Council may permit wind and solar energy development in the Park and Natural Areas designation outside of the Primary Development Area, subject to federal and provincial environmental approvals and conditions and standards in the Zoning By-law. When reviewing an application for re -zoning, refer back to Policy LU - 95" 107 le conseil s'assurera qu'il pourra etre demontre que 1'utilisation proposee respecte toutes les dispositions applicables A la zone, y compris les suivantes : a) la proposition est conforme aux objectifs, aux politiques et A l'intention du plan municipal ainsi qu'aux exigences de tons les airetes municipaux; b) la compatibilite avec les utilisations actuelles des sols adjacents et une incidence minimale sur celles-ci; c) la presentation de mesures visant A attenuer les effets, notamment an niveau du drainage des eaux pluviales et du bruit; d) IA oir ils conviennent, la presence d'ecrans visuels pour dissimuler les pares solaires; e) les mesures pour assurer la desaffectation et la remise en etat du site; f) N'est pas situe en pare municipal , comprenant sans s'y limiter an pare Rockwood; g) 1'ensemble des mesures de mise en oeuvre prevues A la politique I-2. 5) Le Plan municipal est modifie par suppression de la politique LU -110 A la sous -section 3.7.1 Designations communes d'utilisation des sols et son remplacement par cc qui suit: Politique LU -110 Etablir la designation de pares et aires naturelles sur la carte d'utilisation future des sols (annexe B). L'intention du conseil est que la designation de pares et aires naturelles permette diverses utilisations des sols A des fins de conservation et de loisirs appropriees qui sont permises dans les grands pares regionaux et communautaires de la municipalite, les zones ecosensibles on ecologiquement importantes, les terrains en bordure des tours d'eau, les terres coti&es de la municipalite, les terrains estuariens, les sites archeologiques et geologiques importants, les lieux d'interet historique, les lieux du patrimoine designes et les cimeti&es. Le conseil pent permettre des utilisations commerciales recreatives dans les - all as shown on the plans attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2019 and signed by: Mayor secteurs designes comme pares et aires naturelles, sous reserve de 1'adoption de normes appropriees dans 1'arrete de zonage. Il peut aussi permettre 1'amenagement de pares eoliens et solaires dans les secteurs designes comme pares et aires naturelles qui se trouvent A 1'exterieur du principal secteur de developpement, sous reserve de l'obtention des autorisations environnementales federales et provinciales et de la conformite aux conditions et aux normes prescrites par 1'arrete de zonage. An moment de 1'examen d'une demande de rezonage, se reporter A la politique LU -95. - toutes les modifications sont indiquees sur les plans ci joints qui font partie du present airete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2019, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxiame lecture Third Reading - Troisiame lecture 108 August 19, 2019 His Worship Mayor Don Darling And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — Green Energy Development A Public Presentation was made mnJuly Q. 2019 of proposed amendment to the Municipal Development Plan which would include amendments tothe Municipal Plan policies including amending Sections 2.4 The Rural Areas, 3.5 Lands Common to the Primary Development Area and The Rural Areas, 7.8 Energy Efficiency and subsections 3.6.1 Rural Resource and 3.7.1 Parks and Natural Areas in addition toother relevant subsections and policies in order tofacilitate Green Energy Developments. The required advertising has been completed, and attached you will find a copy of the public notice, and any letters of opposition or support received. |fCouncil wishes, bmay choose torefer the matter tmthe Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, October 7Yh, 2019 inthe Council Chamber atG:3Opm, ornot to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor Common Clerk Attachments P.O. Box 1971 Saint John, NB Canada E2L 4LI I wwvv.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 40 PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU PLAN AMENDMENT MUNICIPAL RE: POLICIES RELATED TO GREEN OBJET: POLITIQUES RELATIVES AU ENERGY DEVELOPMENT DEVELOPPEMENT DES ENERGIES VERTES Public Notice is hereby given that the Common Le public est avis& que le conseil communal de The Council of The City of Saint John intends to City of Saint John a l'intention d'examiner une consider an amendment to the Municipal modification a son Plan municipal, y compris aux Development Plan which would include politiques du Plan municipal, et notamment aux amendments to the Municipal Plan policies sections 2.4 Secteurs ruraux, 2.5 Terrains communs including amending Sections 2.4 The Rural Areas, au principal secteur de d&veloppement et aux 2.5 Lands Common to the Primary Development secteurs ruraux et 7.8 Efficacit6 &nerg&tique et aux .Area and The Rural Areas, 7.8 Energy Efficiency sous -sections 3.6.1 Secteur de ressources rurales et and subsections 3.6.1 Rural Resource and 3.7.1 3.7.1 Designations communes d'utilisation des sols, Parks and Natural Areas in addition to other en plus de modifications a d'autres sous -sections et relevant subsections and policies in order to politiques pertinentes, en vue de permettre les facilitate Green Energy Developments. am&nagements d'&nergie verte, lors de la reunion ordinaire qui se tiendra dans la Salle Ludlow, a A public presentation of the proposed amendment Photel de ville, le lundi, 8 juillet 2019 a 18 h 30. will take place at a regular meeting of Common Council on Monday, July 8, 2019 in the Ludlow Room, 81" floor of City Hall. REASON FOR CHANGE: RAISON DE LA MODIFICATION: To facilitate the ability to construct green energy Afln de permettre la construction de projets projects involving wind and solar in limited d'&nergie verte visant 1'&nergie eolienne et solaire designations in the Municipal Plan. dans certaines designations du Plan municipal. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, Veuillez faire part au Conseil par &crit de vos objections au projet de modification au plus tard le by August 7, 2019. Enquiries may be made at the 7 aout 2019 a 1'attention du soussign&. Pour toute office of the Common Clerk or Growth and demande de renseignements, veuillez communiquer Community Development Services, City Hall, 15 avec le bureau du greffier communal ou le bureau Market Square, Saint John, N.B. between the hours de service de la croissance et du d&veloppement of 8:30 a.m. and 4:30 p.m., Monday through communautaire a l'h6tel de ville au 15, Market Friday, inclusive, holidays excepted. Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du fundi au vendredi, sauf les jours f&ri&s. Jonathan Taylor, Common Clerk —16582862 Jonathan Taylor, Greffi&re communale 658-2862 iIsK From: colin seeley [ silts Sent: July -22-19 9:50 AM To: External - CommonClerk Subject: Rockwood Park Dear Sir/Madame: I wish to express my concerns with recent proposals to have the Rockwood Park zoning by-laws changed/amended which would allow wind/solar developments within park boundaries. It is my opinion that these energy projects are for the most part built, owned and operated by private developers for profit. And as such are no different than any other developer (residential/commercial/other) wishing to develop within park boundaries. I stand opposed to any zoning By-law changes/ammendments which would permit such activities within Rockwood park boundaries. Please forward my opposition to those concerned. in dealing with these By - Law amendments. Thank you and sincerely Colin Seele Black River NB - 111 From: Sent: July -22-19 2:58 PM To: External - CommonClerk Subject: Proposed rezoning amendment to allow wind and solar projects in parks and natural areas. Although I support projects that bring us clean green energy and commend the city of Saint John for trying to move to solutions for the climate crisis, placing wind and solar projects in parks and natural areas is a bad idea. The fastest and most economical means to address climate change and global warming is to plant thousands of trees. Cutting down trees to make a road into the wind or solar farm and to clear a standing area for placement would defeat the very purpose for a solar or wind project. Please withdraw any references to parks and natural areas from this amendment. Joan Pearce Road Saint John NB MM From: Peggy Campbell [_ ailto ] Sent: July -18-19 6:47 PM To: External - CommonClerk Subject: proposed changes in by-laws To: common clerk Saint John In a recent letter to three councillors and the mayor, I expressed concern about one section of the proposed municipal by-law changes now being discussed as a result of the Dillon report. This letter to you is also in relation to that same issue. Specifically, I am concerned about the section relating to "Parks and Natural Areas." I am NOT opposed to other Green Energy plans in the Dillon report; I have been in favour of wind and solar power generation for quite a long time. I am only concerned here about Rockwood Park. Although the suggested by-law states that "Parks and Natural Areas" are "not appropriate locations for development," there was a caveat: "Due to the large provision of Park and Natural Areas in largely inaccessible areas of the city, Green Energy Developments ... are appropriate." In my original letter I said that my concern is that many people both in and out of government consider parts of Rockwood Park to be "largely inaccessible." ( This is a misconception, but we won't discuss that here.) Because of that "largely inaccessible" phrase above, where does Rockwood Park fit in the overall scheme of things? A recent widely published paper - look it up!! - stressed how important trees are in combatting climate change: "Best way to fight climate change? Plant a trillion trees" by Seth Borenstein, July 4, 2019, AP news. The paper contains many statistics on the serious amount of CO2 being absorbed by trees. Six nations are cited as having the most room for new trees, and Canada is one of them. One scientist quoted in the paper added, " This is by far - by thousands of times - the cheapest climate change solution." Now: Rockwood Park probably doesn't have a trillion trees, but it certainly has a lot. Given where it is - in the middle of a highly industrialized city - the presence of all those trees becomes even more important. Construction of any Green Energy facilities in the Park would require destruction of many trees, thereby reducing the over-all CO2 absorption capacity, not increasing it. Rockwood Park is already doing a great deal to help cope with climate change in Saint John. It does not need wind turbines or solar displays in it. Please either drop the "Parks and Natural Areas" section from the proposed by-law, or have the by-law clearly state that Rockwood Park is excluded from these kinds of Green Energy Developments. Just leave it alone. Thank you for your attention. Peggy Campbell Saint John MR] From: Peggy Campbell (mailto: Sent: July -25-19 3:43 PM To: External - CommonClerk; Melanson, Ken Subject: proposed changes to by-laws I wrote previously to express concern about a part of the "Parks and Natural Areas" section of the Dillon report and the resulting proposed new by-law wording prompted by the report. Again, to quote my other letter, "Although the suggested by-law states that "Parks and Natural Areas" are "not appropriate locations for development," there was a caveat:"Due to the large provision of Park and Natural Areas in largely inaccessible areas of the city, Green Energy Developments ... are appropriate." In that previous letter, my concern was the term "inaccessible," since many people ( including some on city staff) seem to consider parts of Rockwood Park to be "inaccessible." Well, it gets worse. The city publishes a map of all the trails in Rockwood Park. These trails are grouped into four sections: the Trans Canada Trail; wide gravel trails; double track trails; and - the largest group by far - single track WILDERNESS ( emphasis added) trails. Now; not only do many apparently consider parts of the Park to be inaccessible, but the city itself calls the majority of the trails "wilderness." ( a total misnomer, but again we won't discuss that here...) I can just hear some eager developer saying,"Hey! That's a whole inaccessible wilderness area! Let's put wind turbines there!" The trails are NOT inaccessible and the area is NOT ( by any stretch of the imagination) a wilderness. The Park is NOT appropriate for large scale green energy development. Please clearly indicate in the by-law that Rockwood Park is to be exempted from any such development. Thank you for your attention. Peggy Campbell Saint John From: Stephanie Avery-Gomm [mailto - Sent: July-29-19 9:47 PM To: External - CommonClerk Subject: Comments about Green Energy Projects in Saint John Parks Dear Common Clerk, I am writing to express concern that the Municipal Plan may be changing the zoning of Saint John parks to permit wind and solar projects. Although I write as a concerned citizen, I am trained as a conservation scientist. I understand the need to support Green Power but do not support trading the ecological, social and community values for the economic profits of a wind or solar project in the park. Wind and solar power projects are often lower impact than other energy projects but do have associated habitat disturbance, noise pollution and habitat clearing associated. I anticipate significantly organized opposition to any such large-scale projects in the park. Save us the effort, and don't rezone parks in Saint John to allow wind and power projects. Stephanie Avery -Gomm, MSc . Saint John, NB - `R From: Elaine Geary [mail Sent: July -30-19 9:23 AM To: External - CommonClerk Subject: Green Energy Development Attn: Jonathan Taylor It has come to my attention plans are being made to amend policies related to Green Energy Development. I would strongly recommend excluding Rockwood Park from the proposed municipal plan. Our beautiful Rockwood Park needs to be protected from any and all development, this treasure would be vastly diminished by having wind turbines installed. They are very noisy and would disrupt the peace and tranquility of our beautiful park. Please leave Rockwood Park alone. A concerned citizen, Elaine Geary, E2K Phone: Taylor, Jonathan From: Adrienne McIntosh Sent: July -27-19 5:59 PM To: External - CommonClerk Subject: Rockwood Park development It seems that the park exists for the public only until someone comes up with a scheme. Recently there was a proposal to build condos along Sandy Point Road. The proponents said they would be very nice, completely overlooking the intention of the landowners who originally donated the land for the park, that it would be set aside for a park in perpetuity. Large scale green projects will mean large areas will be cleared, whittling away at our city's inheritance. Don't approve something that, once lost, can not be regained. Andrew McIntosh t 117 From: mary milander [ ailto: Sent: July -31-19 4:06 PM To: External - CommonClerk Subject: Proposed zoning amendments to municipal plan to allow wind & solar projects in parks & natural aareas I am opposed to large scale green energy projects, including solar and wind, in Rockwood Park and other park lands. Such projects would involve construction of roads to move project parts into the park, clearing of land for the actual projects and placement of transmission lines. This construction would amount to destruction of the park. Rockwood Park's trails, lakes, campgrounds, berries and EVERYTHING are enjoyed in all seasons by thousands of people. Please protect Rockwood Park and surrounding areas from yet another assault! Mary Milander Saint John, NB fi§F:3 Taylor, Jonathan From: donna kasdan Sent: August -07-19 10:23 AM To: External - CommonClerk Subject: Rockwood Park I am opposed to any large scale Green Energy project in Rockwood Park for the following reasons ; 1. we don't know what these projects would be. .. being "Green" covers too many thi 2. the natural environment is the most important thing about the park .. large scale projects are disruptive. 3. there is always pressure to "improve" the park and the problem of funding to keep it the same. I live across from the park and walk there nearly every day. My family regularly uses the park and knows it well. Please consider carefully any decisions , , they are rarely reversible. Respectfully, Donna Kasdan, Wawthome Ave. Extension 1 119 Taylor, Jonathan From: Ben Speers-Roesch <bspeersr@unb.ca> Sent: August -06-19 7:27 PM To: External - CommonClerk Subject: Opposition to proposed zoning amendments to Parks and Natural Areas Dear Common Clerk, I am writing as a Saint John resident, with regards to proposed zoning amendments that will allow wind and solar projects in Parks and Natural Areas, including Rockwood Park. I am opposed to this amendment, unless it is revised to exempt Parks, especially Rockwood Park. I am not opposed to green energy projects -- they are crucial to combatting the climate crisis. However, Rockwood Park and other parks are not the place for large scale green energy projects. There are several reasons why: habitat disturbance, infrastructure clearing, noise, pollution. Planting thousands of trees -- or keeping the intact forests that already exist in the Park -- is cheaper and the most economical solution to the climate crisis. In my opinion, energy generation infrastructure should be developed far away from high density urban and suburban areas and their parklands, to minimize impacts on our citizens. Please don't develop my Parks! Sincerely, Ben Speers-Roesch Ben Speers-Roesch, PhD Associate Professor Department of Biological Sciences University of New Brunswick Saint John, NB, Canada, E2L 4L5 office: CRI 203 e-mail: bseersr@u�.ca office: +1506 638-2484 mobile: +1 506 898-4950 web: www.bsrlal),co 1 120 Taylor, Jonathan From: fill jollineau > Sent: August -07-19 6:03 AM To: External - CommonClerk Subject: Rockwood Park Dear Common Clerk, I am writing as a Saint John resident, with regards to proposed zoning amendments that will allow wind and solar projects in Parks and Natural Areas - including Rockwood Park. I am opposed to this amendment unless it is revised to exempt Parks - especially Rockwood Park. I am not opposed to green energy projects - they are crucial to combating the climate crisis. However, Rockwood Park and other parks are not the places for wind or solar projects. There are several reasons why: habitat disturbance, infrastructure clearing, noise, pollution. There are many sites more appropriate for the development of green energy projects. Please don't develop my Parks! Sincerely Jill Jollineau t 121 Taylor, Jonathan From: Trish Williams Sent: August -06-19 4:20 PM To: External - CommonClerk Subject: Distroying the essence of Rockwood Park Importance: High I know that any construction operation, building, access maintenance, disturbance of any area tradiationally or figuratively known or referred to as Rockwood Park at any standards, inspections, operational codes, maintenance or evviornmental protections are insufficient to hint at any sort of minimal impact on the site itself or the surrounding area. I know that there have been absolutely no human developments, projects, research, or explorations that have not suffered from mistakes, human error, intentional disregard, or sudden discovery of an endangered special breeding ground that has previously been protected for thousands of years with the complete ineffectual current knowledge base as to the long or short term effect of any mechanical movement, reverberation, or noise on the then already environmentally contaminated sites. The city and Mr Irving are quite well aware government lands, or privately held lands in and around the vast area of saint john - especially far east on the windy ocean front.. and in it perhaps on a man made floating island, or IN the ocean itself that would be prime realestate the city, government, and private land holder can confer unto them selves any wind or tidal power production. NO development of any kind in Rockwood Park. Patricia Williams t 122 Taylor, Jonathan From: Heather Scott Sent: August -07-19 9:05 PM To: External - CommonClerk Subject: parkland & green energy Dear Common Clerk, I am writing with regards to proposed zoning amendments that mould allow grind and solar projects in Parks and Natural Areas - including Rockwood Dark. I am opposed to this amendment unless it is revised to exempt Parks. I am not opposed to green energy projects - they are crucial to combatting the climate crisis. However, Rockwood Park and other parks are not the places for green energy projects.. Where are several reasons why- habitat disturbance, infrastructure clearing, noise, pollution, and health problems associated with grind turbine which place those both visiting the park and living in the vicinity, at risk. Please leave the parks as they were intended - as park land, and look for places to put wind turbines which are not near populated areas,. I,1eather Sc(.:)tt 1 123 Taylor, Jonathan From: Sue Dunham > Sent: August -06-19 8:14 PM To: External - CommonClerk Subject: Rockwood Park I understand that The City of Saint John is considering changes to zoning for the natural areas and parks. It is my understanding that this property was willed to the citizens of Saint John so that they will always have a safe place to enjoy the natural surroundings that it has provided for all of the years that it has been there. It was meant to provide a quite location for animals in their natural environment even as industry and business have developed all around it. It provides a location to go swimming, hiking, biking, golfing, fishing and even go to the barn to see the horses. The location of Rockwood Park is convenient for those who reside in all locations of the City of Saint John. There have been ducks in the pond for as long as I can remember. There used to be an area that had bears and deer in their enclosed spaces. This area has been taken over by a RV and camping grounds. I do NOT agree with any more development to this property. S. Dunham 1 124 Taylor, Jonathan From: Gary Cole Sent: August -06-19 7:46 PM To: External - CommonClerk Subject: Rockwood Park Just heard that Council is considering allowing wind and solar power installations in the Largest Urban Park in Canada which incidentally was my back yard and playground a few decades ago. Nobody is greener than me but this would be a huge disruption of a priceless beautiful eco -system that just is not worth the cost. Let's promote this indredible place to eco tourists and put the wind and solar stuff on the roof tops other built places.Lets also mae the most of the river and bay as power sources. 1 125 Taylor, Jonathan From: CAROL RING Sent: August -07-19 9:53 AM To: External - CommonClerk Subject: Rockwood Park Dear Sir/Madam: Regarding energy projects in the parks: I am not opposed to green energy projects; in fact 1 think green energy for the city, province , and all of Canada should be the focus of our efforts due to the impending speed of climate change. Parks , especially Rockwood park, however, are not the places for large scale energy projects There are many reasons for this. Parks are places set aside to protect wildlife, trees , and natural flora and fauna. Large scale projects of any kind would involve clearing large treed areas, habitat destruction, noise, air pollution, to name a few detrimental effects of such a project. Areas where there are already different types of infrastructure for other projects in place could be areas where windmills and solar farms could be located. Also, planting thousands of trees wherever possible is an excellent economical solution to help combat climate change. Although I live just outside the city , 1 and my family and friends are frequent visitors to, and admirers of,Rockwood Park. Thank you for your attention in this matter. Sincerely, Carol A. Rin Rothesay NB cncl A ding 1 126 rmral f bl"(Z Saint John Green Energy Policy Framework Notural Forces Comments Ehg..Qty of Saint qqLLE JohpLM cip Ian ---------------- _ _q_ Natural Forces has two comments about the existing Municipal Plan and the "Proposed Municipal Plan Amendment RE: Policies Related to Green Energy Development" from the City of Saint John Common Council Meeting Agenda dated Monday, July 8, 2019 (6 prn), The proposed Zoning Bylaw Explicitly state in the Municipal Plan that Green amendment states that Green Energy Energy Developments, as defined in the City's Developments will be appropriate, Zoning Bylaw, are appropriate in Heavy Industrial following approvals, on lands Areas. designated as Rural Resource, Heavy Industrial, or Parks and Natural Areas® The proposed amendment tathe Municipal Plan does not include mention of Green Energy Developments being appropriate in Heavy Industrial Areas. Natural Forces is concerned about the Mobilize policy LU -75 of the Municipal Plan to existing Future Land Use map (schedule remove these lands from the PDA. The lands are B of the Municipal Plan). The proposed those Heavy Industrial lands at the most western amendments to the Zoning Bylaw portion of the PDA, near Lorneville, as shown explicitly states that Green Energy below. Developments will only be permitted on 4401111 Oo lands outside of the Primary 'Ait(, Development Area (PDA) on lands .......... designated as Rural Resource, Heavy Industrial, or Parks and Natural Areas following rezoning to Green Energy. The issue arises from the lands that have V, been identified for the upcoming Saint John Energy wind farm development. A large portion of these lands are designated as Heavy Industrial within the PDA. HOW natural ft" Lhe_fit y_qfSaint JQhn onjDR13yaw Natural Forces has a number of comments about the "Green Energy Development: Municipal Policy & Regulatory Amendments" report prepared by Dillon Consulting, which was submitted on May 28, 2019. This document was accessed from the City of Saint John Common Council Meeting Agenda dated Monday, July 8, 2019 (6 pm). Comments in this section are limited to those recommendations made by Dillon Consulting about the Zoning Bylaw amendments. 14.10(3) Zoning There exists some ambiguity here in Standards: Setbacks the meaning of 'property lines (ILWT) external to the project'. 14.10(6) Zone Standards: Height 14.10(7) Conditions of Use & Operation Setting the maxim!um height for a Large -Scale Wind Turbine to 200 m is too low. The standard height for large-scale wind turbines is currently 220 m. Turbines are currently being installed across Canada at this height. The use of these turbines requires an Environmental Assessment, which thoroughly examines the impact of the height of turbines at ,g site. This process would limit the height of a turbine based on impact, which makes it unnecessary to set height restrictions in the Zoning Bylaw, A d evelo pm ent p ermit shou Id n ot be required for a Temporary Test Tower Facility. This requirement would be inconsistent with the Zoning Bylaw Section 2.11(b), whica does not require development Ii W-13 Natural Forces considers all property lines that are shared with parcels that are part of the project to be internal. This means that all property lines for any parcel that has a lease, easement, or neighbor agreement as part of our project is considered internal, regardless of whether the adjacent parcels have any of these-agre"emlen'"Its. Remove any height restrictions on Large -Scale Wind Turbines. This maximum height should also be removed from the definition of "Large -Scale Wind Turbine". Since the largest type of Temporary Test Tower Facility is physically similar to a telecommunication tower (example photo included below table) and they are all 14.10(g) Development Permit Applicatill permits for telecommunication toI,+ or temporary structures. Furthermore, the test towers used for wind projects are already ritigtflztet' -y-Tm-rsv*rt Caiiad"-rm; NavCan. Given that the location of the current project is on Crown land, this requirement would also duplicate the development permit required for wind exploration on Crown land. The term 'Temporary Test Tower Facility' is not defined. There is some ambiguity in the definitions of 'Temporary Test Facility' and 'Wind Test Tower' and the term used in this clause, being 'Temporary Test Tower Facility, which is not formally defined. Requiring a copy of the Environmental Assessment and all Federal and Provincial approvals fo the development permit applicatio should be removed. Because the Environmental Assessment process is so long, the development permit application should not be dependent on approval in order t avoid unnecessary delays. temporary, the requirementfor a development permit should be removed. This would also prevent duplicatingfederal and provincial requirements. The term d Test Tower' should be removed and the definition should be added to the definition of 'Temporary Test Facility' (as below), which should be the term used throughout the Zoning Bylaw amendments. It should thereafter remain that "Temporary Test Facilities" ore *,erxAitte#! i,* #.-I/ zwxes;4j.,,s hn tAke amendment to Section 9.19 Uses Permitted in Zones), and do not require development permits. Suggested definition: "aA +m a temoorary measurement tower, instrument or mechanical device used for the assessment of *otential lvin-,01 091EY-resource.' The development permit and environmental assessment r processes should be separate n and parallel. Conditional approval of a development permit, requiring EA approval, could be implemented instead. Taylor, Jonathan From: Irene Keleher > Sent: August -08-1911:30 AM To: External - CommonClerk Subject: Rezoning Rockwood Park I strongly object to any changes in the zoning of Rockwood Park to allow for wind turbines or solar energy providers. I believe it should be left in its natural state as it was intended, to be enjoyed by hikers, etc. Irene Keleher r 130 Evans, Richard From: helenew Sent: August -06-19 4:01 PM To: External - CommonClerk Subject: Rezoning of Rockwood Park I do not want any rezoning of Rockwood Park, I feel that it should be left undisturbed, and protected against any similar future proposals. Helene Williams Sent from my Samsung Galaxy Tab®4 1 131 Betty Lizotte August 5, 2019 Common Clerk City of Saint John commonclerk@saintjohn.ca MinthnN Phone:_ As a member of Friends of Rockwood Park, it is a rare day when I do not find myself worrying about when the next proposed "development in the park" plan will rear its ugly head. I am not alone. When that happens, hundreds of Saint Johners rise to the "Save -Rockwood -Park" call, and anger is most often their first reaction — anger that the City would again attempt to sell off and/or destroy any part of Rockwood Park. I am in favour of green energy development and feel that Saint John has many appropriate areas better suited to that need. Rockwood Park is one of Saint John's greatest assets and must be protected from all development that is unrelated to park use. Betty Lizotte `19% Saint John, N.B. August 5, 2019 RE: Proposal to amend Municipal Plan and Zoning By-law to 'facilitate future and anticipated green energy development within the City of Saint John' Dear Mayor and City of Saint John Councillors, I have reviewed the Dillon Consulting report on 'green energy development' in Saint John. I am not in favour of by-law and planning changes that would allow for 'green energy development' within Rockwood Park or any other municipal park. I suggest that municipal park land be excluded from development because this is the essence of a park. Unfortunately, the city of Saint John seems to need to be reminded of this fact on a regular basis. 'Green energy' is a misnomer. These are industrial projects requiring major land changes to install the infrastructure, including access to the electrical grid. The public will be restricted from accessing the sites. And once 'some development' is allowed it is a slippery slope towards allowing more development. This is why framing the development as being 'green' is somewhat deceptive. In the end it is taking park land away from the public and giving it to private users. This is not to say that I oppose the development of 'green energy' projects. But 1 think that is a separate issue from whether municipal park land should be available for such projects. Sincerely, Dr. Tom Inkpen `19193 August 6, 2019 TO: Mayor Don Darling and members of Common Council c/o Common Clerk City of Saint John PO Box 1971, Saint John, NB E21, 4L1 Proposed Municipal Plan Amendment and Rezoning Re: Policies Related to Green Energy Development I support the city's effort to be proactive on development of green energy. I am concerned however that the proposed amendment is recommending to allow green energy development in "Parks and Natural Areas", along with "Heavy Industrial Areas"and "Rural Resource Areas". "Parks and Natural Areas" includes Rockwood Park, Irving Nature Park, and many other known parks in the city. These parklands should not be considederd as a site for green energy projects. I have attended the information meeting between FORD (Friends of Rockwood Park) and the city staff (Mr. Brian Irving from Develop SJ, Mr. Ken Melanson from Community Planning and Mr. Corey Cooper also from Community Planning) held in Saint John Free Public Library at Market Square on Tuesday, July 23, 2019. The city staff was aware that there was no safeguard for public parks written into this proposal, and encouraged attenndees to send in letters asking for an exclusion of all known parks from "Parks and Natural Areas". The current language in the proposal looks at "Parks and Natural Areas" as a whole. I would like the Mayor and members of Common Council to consider adding an exclusion; "Parks and Natural Areas, excluding Rockwood Park and any other known parks in the City". Respectfully, Atsko Nose Saint John NB `KZ! Evans, Richard From: David Hazen Thompson Sent: August -02-19 4:11 PM To: External - CommonClerk Subject: Rockwood Park possible commercial green renewable energy projects Dear Mayor and Council: Regarding the recent report by Dillon Consulting, titled "Green Energy Development - Municipal Policy and Regulatory Amendments," this report recommended the possibility of green energy projects being located in city parklands, including Rockwood Park. I am opposed to commercial renewable energy projects such as solar and wind being located in any undeveloped parts of Rockwood Park. The undeveloped lands in Rockwood Park contain significant natural habitat for many species, including a number of uncommon species to this area. These undeveloped areas are all used for low impact recreational activities such as hiking, nature observation, photography, and educational activities. Numerous pathways and low impact trails exist for use throughout the undeveloped sections of the park. These undeveloped sections of the park are largely forested areas forming an important carbon sink within the city. This is an area where people wishing to escape within the city can find a significant area of solitude not available in many urban communities. The park is located close to the university, and the undeveloped areas of the park are used for important biological research projects. The undeveloped areas of Rockwood Park should be kept in their current, natural, undeveloped state. Rockwood Park must be kept as a place for low key recreational needs of the community and for habitat for the species that exist there. Commercial development, including green energy projects must not be permitted in Rockwood Park. Furthermore, I believe the city should move to enact legislation which would protect Rockwood Park from threats of commercial, residential, and industrial development in perpetuity. David H. Thompson Saint John, NB - 1 135 Evans, Richard From: Jim Sulis > Sent: August -03-19 8:27 PM To: External - CommonClerk Subject: proposal to locate wind turbines in designated park areas Common Clerk for the City of Saint John Sir: I would like to go on record as opposing the possibility of locating wind turbines within the bounds of designated parklands in Saint John. Sincerely, James Sulis Saint John, NB - 1 136 Ernestine Rooney Saint John NB - Phone: - August 5, 2019 Common Clerk City of Saint John I am writing further to hearing of City plans to update the municipal plan. Apparently, this will fill in the blanks relative to green energy development within Saint John. One of the areas included is Park and Natural Areas. I have no problem with green energy development within the City limits except when it comes to Rockwood Park. The Park is the people's heritage. It provides a place close by for all to enjoy, a place to get away from the noise and pollution of industry and the bustle of daily life. Rockwood Park needs to be reserved and preserved for the people of Saint John, our surrounding communities and our visitors. Ernestine Rooney `19YA Evans, Richard From: Pamela Ross Sent: August -06-19 9:45 AM To: External - CommonClerk Subject: Possible commercial green renewable energy projects at Rockwood Park Dear Mayor Darling and Members of Council; Regarding the report by Dillion Consulting, recommending the possibility of green energy projects being located in parklands and Rockwood Park, I would like to express my opposition to this for the following reasons. I do not approve of commercial renewable energy projects(solar or wind) in any of the undeveloped parts of Rockwood Park. It is my feeling that undeveloped lands within Rockwood Park provide a natural habitat for many species, as well as areas used by hikers, nature enthusiasts ,and recreational vehicle exploring.. This undeveloped land is considered by many to be a retreat for solitude, not available in other urban areas. Undeveloped sections of the park are for the most part forested areas, which form important carbon sink within our city. As our elected officials I appeal to you to keep our undeveloped areas of Rockwood Park in their current, natural, undeveloped state. In closing I request the city should move forward on enacting legislation to perpetually protect Rockwood Park from commercial residential, and industrial development. In appreciation ; Pamela Ross Saint John,NB Sent from my Wad t 138 Taylor, Jonathan From: PHILLIP BLANEY <pcblaney@rogers.com> Sent: July -28-19 9:49 PM To: Beamish, Patrick; Darling, Don; Reardon, Donna; Sullivan, Gary; Norton, Greg; McAlary, Shirley, Casey, Sean; Strowbridge, Ray; MacKenzie, John; Merrithew, David; Armstrong, Blake; David Hickey, Hickey, David; External - CommonClerk Subject: Sustaining Saint John a 3 part plan Categories: Red Category In sustaining SJ in background you talk about a series of inter -connected challenges. Yet this plan seems to focus mainly on fiscal sustainability. I see no actions regarding environmental sustainability or democratic and demographic sustainability. I'm going to try and combine my concerns with Sustaining Saint John with my concerns with Proposed Municipal Plan Amendment Re: Policies Related to Green Energy Development and where you may see a problem I see potential for opportunity. Concerns 1 Your neo liberal response to single out labor as the main reason for SJ fiscal crisis. When it is Neo liberalism 40 year failed experiment in social engineering that is to blame. If you work with labor there are solutions to be found. 2 Your action on city borders I agree for our population a city this size is unsustainable if we continue with the model of our past re economic development. Yet here again we have an opportunity if we are willing to learn from our mistakes. correct the problems and make disadvantages into advantages.3 Saint John Energy concern I fear the possibility of any p3 plans SJ energy needs to be kept in public hands. If you click on the Econous link and go to the video titled Building a fair economy from the ground up. they will have Councillor Matthew Brown from Preston UK as their first speaker via video. He talks about stopping money leakage, anchor institutes, working with unions and surrounding communities.and reinvesting monies back into the community. In one year they kept 75 million pounds in the community. I would advise council to look at communities like Preston to do something other than what we have always done. Because to me Sustaining SJ looks to me as just another version of what we always do. The second link Is in response to Proposed Municipal Plan Amendment Re: Policies Related to Green Energy Development. First off Let me say I am in favor of Green Energy Projects. But not if they are in our Parks. Our Parks serve many purposes energy development is not one of them. They provide far more value for our individual and collective physical and mental well being. Trees are far more of an economical way to store carbon and fight climate change. So what would I suggest and this is where we tie into sustaining SJ, population density our municipal borders anchor institutes and union pension investments as well as working with provincial and federal governments. And considering that it was both Federal and Provincial governments that made our current folly possible re urban sprawl and being nearly 10 times the size we were in the 1950's. We keep our border where they are. We don't abandon our fellow citizens who have been paying their share. We correct the mistakes of the past, by buying them out. On condition they move into our core development area's within Plan SJ we can't afford to lose more people. Now those area's of SJ on our borders where we had development, roads, homes, and infrastructure. This is where we put our Green Energy Development.The former infrastructure can serve green energy development. A lot of the formerly developed area's the infrastructure can be torn up and we can plant forest to absorb more carbon and help battle climate change. Areas along our coastline that are developed with infrastructure that will be lost, because of climate change and sea level rise. We offer people in these locations the same deal as we offered those in our borderlands. Here we build on shore windmills that with sea level rise will become off shore windmills. We can build solar where it warrants it. Tidal, bio fuels based on algae. Get rid of the causeway build a bridge. So as to protect those area that can be protected. Our Anchor institutes invest in building Green Energy development ,new infrastructure, building public housing ensuring local purchasing, along with union pensions and top up funding. Again see Preston model. Federal and Provincial governments also invest in this as does the Canadian Pension Plan and the Bank of Canada. As well the Federal and Provincial governments and Federal institutions do not invest or support any developments that threaten said Green Energy Development. The third link helps to explain the role central banks can play in fighting climate change . As I read this over I can't help but think this sounds like madness. But then I reflect on what Saint John has been doing for over 60 years, and that's insanity. If we keep doing the same we'll get more of the same. 1 139 Evans, Richard From: Harold E. Wright > Sent: August -02-19 11:15 AM To: External - CommonClerk, Taylor, Jonathan Cc: harold e. wright Subject: Proposed zoning amendments to the Municipal Plan to allow Green Energy projects in Parks and Natural Areas Common Clerk City of Saint John PO Box 1971 Saint John, NB Proposed zoning amendments to the Municipal Plan to allow Green Energy projects in Parks and Natural Areas. I would like to add my concerns for this proposed amendment. First I want to acknowledge the need to move toward green energy and applaud the City of Saint John for recognizing the urgent need to move to many alternate power sources. However, I am concerned that this initiative would have a disastrous impact on Rockwood and Dominion Parks, if such alternate power projects were placed in either of those parks. There are several reasons. Parks by definition are for: "a large area of land with grass and trees, usually surrounded by fences or walls, and specially arranged so that people can walk in it for pleasure or children can play in it" (Cambridge English Dictionary); "a piece of ground in or near a city or town kept for ornament and recreation; or "an area maintained in its natural state as a public property" (Merriam Webster Dictionary); "A large public garden or area of land used for recreation." (Oxford Dictionary). I have studied the development and use of these two parks for almost forty years. The above definitions apply in full to both Rockwood and Dominion Parks. Neither park was developed nor intended for industrial uses. Both parks are used extensively by residents and visitors for the exact reasons the parks were developed - recreation, both passive and active, and also to enjoy nature without destruction. The huge volume of vegetation, especially the trees, are necessary in our fight against climate change. The two areas are home to a large number of species of animals, birds and various 1 140 plants. As we continue to disturb and destroy their habitat we are not only risking the survival of a species, we are forcing those animals (here I refer to deer) into our subdivisions and onto our streets. As was posted by the Washington Post and other leading North American newspapers lately, if we wish to slow down climate change, we need to plant trees, about one trillion of them. We in this City can do our part by not only stop cutting down trees (which would be needed for any destruction in the two above mentioned parks), but we should be planting more trees in areas which have already been cleared. Planting thousands of trees is cheaper and a more economical solution to the climate crisis. Our Industrial Parks are suited for such industrial green projects: the infrastructure is already in place - cleared sites, paved roads, nearby power distribution systems, emergency services, contractors and customers. Part of the reason we need alternate power sources and why climate change will be so damaging to us as a civilization is because we have continued to damage and destroy our natural resources. I ask that you remove from this proposal all initiatives to damage and destroy our natural parks for industrial purposes. Thank you. Harold E. Wright Main Street Saint John 2 141 July 26, 2019 Darrell Gallant, BSc., M.D., LMCC. President, 504-474 N.B. Ltd. Saint John N.B. To: Common Clerk commonclerk@saintjohn.ca City of Saint John Mayor Don Darling Councillors Regarding: Proposed amendments to municpal plan to allow for solar and wind green energy projects in Heavy Industrial areas. Light industrial areas and Parks and Natural areas Dear Sirs and Madams, Let me state the obvious; Rockwood Park is a "park" and not appropriate for industrial construc- tion projects. Parks are for the citizen's and not large industrial corporations. The allowance of the pipeline through the park was (and is) not appreciated by many citizen's; who I might add are taxpayers and "own" the Park. I own a very large piece of real estate immediately across the street from Rockwood Park and have planned appropriate residential development that would be positive for the City. I have always considered the Park as an "amenity" and putting wind tur- bines through the park would be a "disamenity"; thereby decreasing the value of my investment in the City of Saint John. I do not want any further industrial projects (such as wind turbines) any where near my real estate or in the Park. I know that many places have wind turbines (Nova Scotia) and relatives (from that province) have told me there are many negative consequences of these machines. First, they do not make for any "green energy" because the cost of making them, installing them, and then tearing them down (when decommissioned) is not factored into their total value/total energy costs. When all of these costs are accounted for; there is very little :green energy" benefit? They are also known to kill many birds. I may also state the obvious -there are many bird spe- cies that live or migrate through Rockwood Park. Ecologically, these machines are malignant predators. The noise of even one turbine is unwanted noise. Again, I will mention that Rockwood Park is a quiet, natural park and people from this industrialized city go to the Park to get away from con- tinuous noise. These machines are noisy and there are detrimental health hazards that have not been adequately studied or analyzed. There are many other negative consequences of these destructive machines that I am sure that others, smarter than myself, will bring attention to during this conversation. Further industrial construction/destruction of Rockwood Park is not desired and I do not want want turbines in or around Rockwood Park. I say this as a citizen, homeowner, taxpayer, corpo- rate investor, and owner of more than 100 acres of potential residential real estate in the imme- diate vicinity of the Park. We have been in similar conversations before regarding inappropriate ideas/plans with respect to park lands. Surely, the City would want to move forward and not back to the same destructive behaviors that have caused so much angst, in the past. It is hard for any person to have a positive investment future in the City when so many inappropriate ide- `EK, as are floated on a regular and consistent basis. Change and planning for the future means that you go forward in a positive manner and not destructing relationships and amenities left to us by our deceased but previously honored citizens. I think that any discussion or plans about wind turbines in (or around) the Park should immediately be quashed and more reasonable ideas put forward for the future of the City. Sincerely, Darrell Gallant resident/citizen/taxpayer President/corporate entity/taxpayer 504-474 NB Ltd. MCI COMMON COUNCIL REPORT M&C No. 2019-203 Report Date August 09, 2019 Meeting Date August 19, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2020 and 2021 General Fund Capital Budget 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 Kevin Fudge/Cathy Graham John Collin RECOMMENDATION It is recommended that members of Common Council; • Approve the 2020 and 2021 General Fund Capital Budget in the amount of $50,621,551 (gross) with contributions from other sources of $29,131,401, yielding a net Capital budget in the amount of $21,490,150, to be funded by debt issue (net) as set in Exhibit 1. EXECUTIVE SUMMARY The draft 2020 and 2021 Proposed General Fund Capital Budget was presented to the Common Council on July 291h. . It was recommended at the July 291h meeting, that Common Council reflect upon the draft Capital budget and make any inquiries and recommendations to staff and receive and file the report. There were no recommended changes to the draft budget presented on July 29th The 2020 and 2021 General Fund Capital Budgets will be the first multi-year capital budget being proposed to the Finance Committee for review. This multi- year budget is laying the foundation for the 10 year Long Term Capital Budget Plan that staff will bring to Finance Committee in Q4 of 2019. This budget continues to focus on multiple priorities; such as the City's infrastructure deficit, environmental factors, safety and growth opportunities. The proposed list of individual projects concentrates on addressing multiple priorities. `L'E -2 - This budget keeps the emphasis on affordability and reducing borrowing to $11 million in 2020 and $10.5 million in 2021. The recently approved Debt Management policy will ensure debt continues to decrease as it has in the last several years with a balance of $119.3 million end of 2014 and estimated to be $102.4 million by the end of 2019 PREVIOUS RESOLUTION M&C 2019-180 - July 29, 2019 Common Council Meeting — "It is recommended Common Council reflect upon the attached draft of the 2020 and 2021 General Fund Capital Budget and make any and all inquiries and recommendations to staff; and receive and file this report" STRATEGIC ALIGNMENT The proposed 2020 and 2021 General Fund Capital Budget is aligned with Councils' priorities, Debt Management Policy, Financial Principles, Capital Budget Policy, Asset Management Plan, Central Peninsula Neighborhood Plan, Play SJ, Move SJ, Plan SJ with a focus on growth. REPORT The 2020 and 2021 General Fund Capital Budgets align with Council's priorities to support investment in creating a Vibrant, Safe City, offering Valued Service Delivery, Growth and Prosperity and being Fiscally Responsible. The budgets aligns with the Capital Budget Policy, Debt Management Policy, Financial Principles and the Asset Management Policy. The 2020 and 2021 General Fund Capital Budget totals $50,621,551 over 2 years with $29,131,401 to be funded from other funding sources, pay as you go, operating and capital reserves and the remainder, $21,490,150, to be funded by debt issue. The budget has funding from federal gas tax fund, federal disaster mitigation adaptation fund, proposed bi-lateral (federal and provincial) funding and other green funding. Over half of the overall budget is coming from other sources. Bi -lateral funding expressions of interest were received by the Province with a deadline for submission of June 28, 2019. If the City is not successful in obtaining funding, staff will come back to Finance Committee with a recommendation to reallocate City funds. 2020 and 2021 PROPOSED CAPITAL BUDGET HIGHLIGHTS The capital budget decision making was guided by the Capital Budget Policy, Financial Principles, along with the Asset Management Plan. These documents assist in addressing the infrastructure deficit, while factoring in the needs of -3 - replacing existing assets with the need for new assets. The budget is aligned with Council Priorities and various City of Saint John plans, with Plan SJ being the overarching plan. Other factors in the decision making revolved around environmental consideration such as mitigation and reduction of greenhouse gas and focusing on growth areas. Capital Budget Policy guided staff in prioritizing the capital budgets based on the following criteria: 1. Mandatory 2. Risk 3. Priority of Council 4. Positive Financial Impact 5. Discretionary The capital budget is investing heavily in asset renewal in order to address the large infrastructure deficit identified in the State of the Infrastructure Report as part of the Asset Management Plan. State of the Infrastructure (SOTO Report The General Fund infrastructure deficit was $121.4 million with an estimated replacement cost of $1.29 billion for those assets. The largest portion of the deficit identified relates to Transportation and Environment. The majority of projects being recommended as part of the capital budget have an "F" letter grade, as measured in the SOTI report, meaning the asset is at high risk of failure and near or beyond its useful life. Focus on Tax Base Growth Fundy Quay — The City was awarded a significant amount of funding from the Federal government through the Disaster Mitigation Adaption Fund (DMAF). This funding will split the almost $8.175 million dollar seawall refurbishment between the City ($4.905 million) and Federal Government ($3.27 million) over two years. This project is considered one the largest transformational projects the City is pursuing. The goal is to transform the City's waterfront, encourage development and create significant tax base growth opportunities for the City. The seawall project also involves raising the height of the wall. This will be key to future development. It will ensure development can happen on the site and deal with climate change events. Other strategic investments involve a storm project in Millidgeville for $1.0 million that will allow more storm water capacity which will enable more growth in that area of the City. Another area of focus will be a number of major street reconstruction and beautification projects along the St. James Street corridor. This area is a key part of the Central Peninsula Neighborhood Plan to encourage growth and these projects will invest $1.925 million in the St. James Street area. Balancing Infrastructure Replacement with Climate Change The proposed budget includes over $8.9 million in sewer separation projects. Much of this infrastructure due for replacement is from the 1800's and will involve complete street reconstruction. Sewer separation is a key component in dealing with climate change and the extreme weather events that occur with climate change. The budget also includes $7.78 million for replacement of infrastructure that is beyond its useful life with assets and will reduce our carbon footprint. The City has applied for funding for the District Energy Project and Deep Municipal Energy retrofit project and is confident that the City will be successful in receiving funding. These assets being replaced involve various energy efficiency projects, new exterior heat pump replacements at Harbour station, and HVAC upgrades at City Market pedway. As well under the District Energy Project, Market Square, which has the largest infrastructure deficit of all the City's buildings, will receive major upgrades that will occur with or without funding. Infrastructure Deficit The multi-year budget focuses on some assets that are past their useful life, assets at high risk of failure and assets that are considered extreme risk of failure. This would include new roofs at three of the City's fire stations at a cost of $200K, exterior and foundation work at Carleton Community Centre for $300K, replacing the roof at St. Patrick Street Pedway for $30K and replacing part of the roof at City Market for $700K. The annual street rehabilitation program that includes curbs and sidewalks will see a two year investment of $10.1 million dollars. This program has been a focus of Council for several years. The SOTI report and excellent grade mark shows that the reinvestment in roads has been a successful asset renewal program. There are limited resources being put into arenas until a comprehensive arena strategy is completed. However, there is a need to replace chillers at the Charles Gorman and Peter Murray Arena for a total cost of $200K. As well, the LBR requires replacement of its main electrical service for $100K and ice plant compressor for $75K. The Trade and Convention Centre require several pieces of equipment replaced that are beyond its useful life and could have safety issues and impact business if the assets fail. Over 2020 and 2021, $261K will be allocated to replace flooring, banquet equipment, refrigeration, kitchen equipment, point of sale system and LED lighting upgrades. Harbour Station will be replacing a Zamboni for $115K to ensure two reliable Zamboni's are on sight as required bythe Quebec Major Junior Hockey League. The City's Information Technology department will replace $1.67 million of equipment over two years as part of its annual equipment replacement program and this money is all funded from internal reserves. The department will be leading the project to replace its 20 year old enterprise reporting system for $3.0 million over two years. This will be a transformational project for all service areas in the City and will require a significant amount of planning, testing and resource requirements to make it successful. This will be a major first step to enable the City to offer more technology based solutions for citizens. Parking commission is continuing to move forward with replacing its aging parking machines with more up to date pay by plate machines and will invest $226K over the next two years. Saint John Transit is focused on replacing several bus shelters that are deemed to be safety concerns for a total of $50K. Fleet will budget $4.13 million over two years to replace vehicles and equipment that are past useful lives and with high operating cost. These funds will come from the vehicle reserve. Council will receive a detailed list of vehicles and equipment to approve as the replacement list is compiled. New Capital Investments/Service Enhancements The proposed 2020 and 2021 has a total of $1.014 million for new capital. The last payment towards the Exhibition Field House will be made for $564K in 2020. Also, Harbour Station must upgrade its dasher board and glass system at a cost of $450K to meet requirements of the Quebec Major Junior Hockey League. CONCLUSION Planned capital expenditures total $50,621,551 over the 2 years with $29,131,401 to be funded from other funding sources, pay as you go, operating and capital reserves and the remainder $21,490,150 to be funded by debt issue. The annual funding from other government programs, along with Council's fiscal restraint, has helped reduce projected borrowing costs while still investing in needed infrastructure improvements. This multi-year budget is the first step in the long term capital plan which will guide decision making to ensure strategic reinvestments are being made, at the right time, that infrastructure deficit in being addressed, fiscal responsibility is `[E:3 -6 - being maintained, while ensuring the City continues to invest in assets to encourage growth. SERVICE AND FINANCIAL OUTCOMES The City's share of the 2020 and 2021 Proposed Draft General Fund Capital budget will be funded by borrowing. The projects chosen for the capital program borrowing have a useful life of approximately 15 years or more. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from all Service Areas, the ABCs, Senior Leadership Team and members of the Finance Committee. ATTACHMENTS Exhibit 1— 2020 and 2021 General Fund Capital Budget flL'�7 po p lZ lZ o Ln o Ln Ln� V W N N N N = N r -I H Q W = N D m in tn tn tn tn tn tn C p p p p p p p p C1C p p p Ln Ln Ln p p Ln W p p M M Cl to O lzl H p p Ln lD lD Ln p p 01 O W p p M W = C7 N D m a -- N np `� N N +O+ vOO _ U fo 4- + +O+ N fo N O ++ u O N O N +, U O N +.jN t6 Q +' N co 3 4- ++ M v 4- O O ++ +� co — O �p O +- +' a +_, LL a np , 3 X ro CO 3 N co +� O N N H 3 O v n O N ++ v ci N `n to L +�+ +� N L 3 O ro N t6 -W- +, v O O O cn >, LL +1C:i 3 O L7 N 01 .. p� +• • -Cv +� wcn N O X ro toLO . . 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AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Craig Lavigne Brent McGovern John Collin RECOMMENDATION It is recommended that members of Common Council; • Approve the 2020 and 2021 Water and Sewerage Fund Capital Budget in the amount of $26,215,000 (gross) with contributions from other sources of $15,931,550, yielding a net Capital budget in the amount of $10,283,450, to be funded by pay as you go (net) as set in Exhibit 1. EXECUTIVE SUMMARY The draft 2020 and 2021 Proposed Utility Fund Capital Budget was presented to the Common Council at the July 291h meeting. It was recommended at the July 29th meeting, that Common Council reflect upon the draft capital budget and make any inquiries and recommendations to staff and receive and file the report. There were no recommended changes to the draft budget presented on July 29th The Utility is proposing a very limited multi-year capital budget for 2020 - 2021 that focuses on leveraging monies from other levels of government for investments being made by the Utility. Increased debt, limited growth, a large infrastructure deficit and recent rate escalation are challenges facing the Utility for both the medium and long term. A new rate structure is to be completed in 2019, along with the Long Term Financial plan which will provide the road map for the Utility to deal with these challenges. `P10.1 -2 - PREVIOUS RESOLUTION M&C 2019-181 - July 29, 2019 Common Council Meeting — "It is recommended that Members of Common Council reflect upon the attached draft of the 2020 and 2021 Proposed Utility Fund Capital Budget and make any and all inquiries and recommendations to staff; and receive and file this report." STRATEGIC ALIGNMENT The proposed 2020 - 2021 Utility Fund Capital Budget is aligned with Councils' priorities, Asset Management Plan, Capital Budget policy, Central Peninsula Neighbourhood Plan and this budget also advances the Utility in preparation for Climate Change. REPORT The proposed 2020 - 2021 Draft Utility Capital Budget is a total of $26,215,000. Funding from other sources, (Gas tax, government funding, etc.) is $15,931,550 over two years and Saint John Water's share is $10,283,450 over two years and will be funded from pay as you go (no new borrowing). The completion of the Safe Clean Drinking Water Project and the Harbour Cleanup Project has caused the Utility's long term debt to peak at just over $107 million at the end of 2017 (2018 - $101 million). The Utility will continue to focus on debt reduction and in order to achieve this the Utility will not borrow any money for its 2020-2021 capital program. This significant debt coupled with escalated rates and stagnant growth will be challenging for the Utility as it tackles the infrastructure deficit. The increased deficit as reported to Council as part of the State of the Infrastructure report is approximately $308,276,480 which represents over 75% of the City's infrastructure deficit. The Utility received funding recently as part of the Federal Government's disaster mitigation adaptation fund (DMAF). The Utility will spend approximately $10.2 million over the next 5-6 years raising and rebuilding critical infrastructure that was prone to flooding. The cost will now be spilt approximately 40% Federal Share and approximately 60% Utility Share. The completion of the rate study in 2019, along with the Asset Management Plan and Long Term Financial plan will guide the Utility's decision making around asset replacement and how to fund the infrastructure deficit to ensure services are reliably provided to rate payers while balancing the ability to fund more investments in infrastructure renewal. -3 - Infrastructure Renewal — Water and Sanitary The proposed budget focuses on assets that are well past their useful life, subject to risk of failure and in some cases extreme risk of failure with significant consequences (ex. One Mile Lift Station). There are several proposed street rebuild projects that are included in the budget and most of these projects involve the general fund. These projects have assets underground and are at a high risk of failure due to their age and material type. Numerous streets within the draft program have terra cotta sanitary sewers, some of which were installed in 1889 & 1895 and cast iron watermain installed in the early 1900s. The total capital for the Utility on street rebuilds is approximately $7.8 million over two years and some of these street sections include; Wentworth Street, Germain Street, Lower Cove Loop, Waterloo Street, Celebration Street, Princess Street, Peters Street, Brittain Street, Pitt Street, Rodney Street and St. James Street. Many of the street reconstructions are in the primary development areas and this work supports the roll out of the Neighbourhood Plan. St. James Street, Germain Street and Charlotte Street are prime examples of leveraging assets that need to be replaced and aligning with the City's priority of growth. St. James Street for example was listed on the Central Peninsula Neighborhood plan as key corridor and this transformational project will be coordinated between; Transportation, Water, Growth and Development and Develop SJ. Another project that benefits both the Utility and helps to grow Saint John is the asset renewal project relating to the Lakewood Heights Sanitary System. This project is geared towards asset renewal and environmental protection, while creating capacity on the system for growth initiatives without having to build new infrastructure — a best use of assets at the lowest possible cost. The budget also includes phase seventeen and eighteen of watermain cleaning and lining that will continue to extend the life of these assets while minimizing the need for investment by lining as opposed to replacing. There is also the structural lining of sewers that are part of the proposed budget. In both (2020 and 2021) years sewer lining will be undertaken which will also extend the life of sewer assets while freeing up sewer capacity for growth and development. There is a major investment being made at the One Mile Lift Station in 2020. The existing lift station is at the end of its life and it requires investment to ensure there is reliability around the collection of wastewater. -4 - There are two other wastewater lift stations at Greenhead Road and Beach Crescent that not only need to be rebuilt but they will also be raised to ensure they can withstand future flood events and these projects have received funding under the DMAF program. The other major project under the DMAF program in this multi-year budget is the complete upgrade and reconstruction of the Musquash Water Pump Station. This asset will also be rebuilt to ensure flood proofing. The budget also includes a fleet replacement program for vehicles and equipment past their useful life or with extraordinary operating costs. In previous years the Utility funded its fleet reserve directly to the General Fund fleet reserve and all vehicles and equipment were funded from that reserve. These reserves have now been separated to ensure each entity is properly segregating its reserves. The budget only includes one new asset which is a wastewater pumping station at Prospect Street West and this is to ensure all residential wastewater is properly being directed for treatment at the Lancaster Lagoon treatment plant. Conclusion The 2020-2021 budgets are focused on leveraging as much additional funding the Utility can secure along with its smaller capital from operating program. Projects chosen are long past their useful life and have a high risk of failure. There are several projects that are asset renewal that are being done to replace or extend the life of the asset but also have a positive impact on growth. The 2020 - 2021 Draft Utility Capital budget will continue to focus on ensuring assets can provide reliable services to all customers, meet environmental regulations and mitigate against future climate change events. SERVICE AND FINANCIAL OUTCOMES The 2020 - 2021 Utility Fund Capital budget will be funded from the operations (pay as you go) and from other sources of funding. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input and coordination was received from Engineering, Senior Leadership Team, Growth and Community Development, Finance, Transportation and Environment and Develop SJ. ATTACHMENTS Exhibit 1— 2020 and 2021 Water and Sewerage Utility Fund Capital Budget fi"M Prc� �s� rc�r Sal Iry Fc�r Category No. of Other Utility Total Projects Share Share Industrial Water Renewal - West 1 $1,020,000 $1,700,000 $2,720,000 Infrastructure Renewal - Sanitary 13 $6,938,450 $1,546,550 $8,485,000 Infrastructure Renewal - Water 13 $2,551,200 $1,873,800 $4,425,000 TOTALS: 27 $10,509,650 $5,120,350 $15,630,000 Infrastructure Renewal - Wate r 36.6% Infrastructure Renewal - Sanitary 30.2% lustrial Water Renewal - West 33.2% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council, G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share * Musquash Water Pump Musquash Upgrade/reconstruction - appropriate pump 1,020,000 1,700,000 Station sizing, electrical upgrades, flood proofing, etc. Including design and construction management services. Phase A. Project to be partially funded under DMAF. TOTAL: $1.020.000 $1.700.000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS III # , ; #� I I I Project Location Description Other Utility Share Share G&D * Germain Street St. James Street to Lower Cove Renew 100 m of 375 mm T.0 sanitary sewer 105,850 39,150 Loop (with an in service year of 1884), including design and construction management services. Subject to successful funding under Bilateral Funding. G&D * Lower Cove Loop Charlotte Street to Germain Install 150 m of 525 mm sanitary sewer, 248,200 91,800 Street including design and construction management services. Subject to successful funding under Bilateral Funding. * One Mile Lift Station Rothesay Avenue at Russell New pumping station, new screening channel 5,000,000 0 Street structure and associated building to replace the existing pumping station that is at the end of asset life to provide for relible collection of wastewater, including design and construction management services. Project to be funded under the G.T.F. Structural lining Various Locations Structurally line and point repairs to sanitary 0 225,000 sewers, including design and construction management services. * WWPS Lift Station C 515 Green Head Road Reconstruct lift station above flood level to 200,000 300,000 provide for reliable collection of wastewater, including design and construction management services Project to be partially funded under DMAF. * Douglas Avenue Civic 399 to 425 Install approx. 150m of 200mm and 27m of 300,000 25,000 150mm sanitary sewer, including land, design, and construction management services. Project to be partially funded under G.T.F. Wastewater Pumping Prospect Street West at Walnut Pumping station, land acquisition, and required 0 520,000 Street piping to direct flows to sewer on Main Street West for treatment at the Lancaster Lagoon, including construction management services. * Wentworth Street Elliott Row through King Street Renew 90 m of 300 mm T.C. sanitary sewer 83,950 31,050 East Intersection (Condition Grade of 4 with a year in service of 1867), including construction management services. Subject to successful funding under Bilateral Funding. * Waterloo Street Haymarket Square to Castle Renew approx. 330m of 300mm and 375mm 299,300 110,700 Street T.C.sanitary sewer ( Condition Grade of 5 with a in service year of 1869), including design and construction management services. Subject to successful funding under Bilateral Funding. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council, G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project * St. James Street * Celebration Street Location Description Other Share Prince William Street to Renew 111 m of 250mm and 375 mm T.C. 94,900 Germain Street sanitary sewer (Condition Grade of 3.5 with an in service year of 1876), including design and construction management services. Subject to successful funding under Bilateral funding. Stanley Street to end Renew 100 m of 375mm and 450mm T.C. 150,000 sanitary sewer, including design and construction management services. Project to be funded under the G.T.F. Utility Share 35,100 * Broadview Avenue Charlotte Street to Carmarthen Renew 275 m of 375 mm T.C. sanitary sewer 237,250 87,750 Street (Condition Grade of 4 ), including design and construction management services. Subject to successful funding under Bilateral Funding. * Princess Street Wentworth Street to Crown Renew approx. 250m of 225mm and 300mm 219,000 81,000 Street T.C. sanitary sewer (Condition Grade of 5 with an in service year of 1893), with new 200mm and 300mm sanitary sewer, including design and construction management services. Subject to successful funding under Bilateral Funding. TOTAL: $6.938.450 $1.546.550 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS InfrastructureRenewal ® Water Project Location Description Other Utility Share Share * Fleet Replacement Various locations Fleet Replacement for Saint John Water. 485,000 0 Project to be funded under Fleet Reserve. G&D * Germain Street St. James Street to Lower Cove Renew 100 m of 200 mm C.I. watermain 87,600 32,400 Loop (1955), including design and construction management services. Subject to successful funding under Bilateral Funding. G&D * Lower Cove Loop Charlotte Street to Germain Install 150 m of 200 mm watermain, including 131,400 48,600 Street design and construction management services. Subject to successful funding under Bilateral Funding. Removal of cross- Ocean Westwest / Route 7 Removal of two cross- connections on Potable 0 150,000 connections on Potable Overpass Water and Raw Water Transmission mains, Water and Raw Water including construction management services. Transmission mains Engineering Various locations Funding for engineering investigations and 0 250,000 Investigations and Design design for various projects under the Water and Sanitary categories. * Wentworth Street Elliott Row through King Street Renew 90 m of 300 mm C.I. watermain (1931), 124,100 45,900 East Intersection including construction management services. Subject to successful funding under Bilateral Funding. * Waterloo Street Haymarket Square to Castle Renew approx. 330m of 300mm C.I. watermain 434,350 160,650 Street (1856), including design and construction management services. Subject to successful funding under Bilateral Funding. * St. James Street Prince William Street to Renew 110 m of 250 mm C.I. watermain 120,450 44,550 Germain Street (1876), including design and construction management services. Subject to successful funding under Bilateral funding. Hayes Avenue Area Civic #289 Gault Road to Civic Install approx. 530m of 200mm watermain on 0 950,000 #484 Gault Road Gault Road as well as a PRV to connect the Hayes Avenue system, including construction management services. * Celebration Street Stanley Street to end Renew 100 m of 3 00m C.I. watermain, 150,000 including design and construction management services. Project to be funded under the G.T.F. * Broadview Avenue Charlotte Street to Carmarthen Renew 275 m of 150 mm C.I. watermain 219,000 81,000 Street (1917), including design and construction management services. Subject to successful funding under Bilateral Funding. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council, G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share * Princess Street Wentworth Street to Crown Renew approx. 275m of 250mm C.I. (1924) 299,300 110,700 Street watermain, including design and construction management services. Subject to successful funding under Bilateral Funding. * Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 500,000 0 Lining Phase 17 watermains to improve pressure, water quality, and fire flows. Project to be funded under G.T.F. TOTAL: $2.551.200 $1.873.800 Pr1 Category No. of Other Utility Total Projects Share Share Industrial Water Renewal - West 1 $1,020,000 $1,700,000 $2,720,000 Infrastructure Renewal - Sanitary 13 $2,347,450 $2,422,550 $4,770,000 Infrastructure Renewal - Water 11 $2,054,450 $1,040,550 $3,095,000 TOTALS: 25 $5,421,900 $5,163,100 $10,585,000 Infrastructure Renewal - Wate r 20.2% Industrial Water Renewal - West 32.9% Infrastructure Renewal - Sanitary 46.9% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council, G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share * Musquash Water Pump Musquash Upgrade/reconstruction - appropriate pump 1,020,000 1,700,000 Station sizing, electrical upgrades, flood proofing, etc. Including design and construction management services. Phase B. Project to be partially funded under DMAF. TOTAL: $1.020.000 $1.700.000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council, G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share G&D * Charlotte Street St. James Street to Lower Cove Renew 155 in of 525 mm Concrete sanitary 171,550 63,450 Loop sewer (With an in service year of 1965), including design and construction management services. Subject to successful funding under Bilateral Funding. * Garden Street Coburg Street to City Road Renew approx. 101m of 300mm, and 86m of 156,950 58,050 375mm T.C. sanitary sewers (Condition Grade of 3), including design and construction management services. Subject to successful funding under Bilateral Funding. G&D Lakewood Heights East of Hickey Road Pumping Line concrete sewers to eliminate 0 720,000 Sanitary System Station Inflow/Infiltration in the Sanitary sewer system, including construction management services. Rodney Street Market Place to Watson Street Renewal of approx.290m of T.C., Brick, and 0 410,000 Concrete saintary sewer (Condition Grade of 3), including design and construction management services. Structural lining Various Locations Structurally line and point repairs to sanitary 0 225,000 sewers, including design and construction management services. * WWPS Beach Crescent 11 Beach Crescent Reconstruct lift station above flood level to 340,000 510,000 provide for reliable collection of wastewater, including design and construction management services, Phase A. Project to be partially funded under DMAF. * Pitt Street St. James Street to Broad Street Renew 155m of 370mm T.C. sanitary sewer 127,750 47,250 (Condition Grade of 4), including design and construction management services. Subject to successful funding under Bilateral Funding. * Mecklenburg Street Wentworth Street to Crown Renew approx. 265m of 600mm concrete with 248,200 91,800 Street new 600mm sanitary sewer (Condition Grade of 2.5), including design and construction management services. Subject to successful funding under Bilateral Funding. * Combined Sewer South / Central A strategy prioritizing the separation of 365,000 135,000 Separation Reduction combined sanitary and storm sewers for the Strategy - South / Central Southend and giving an estimate for budget purposes. One of the deliverables would be maps showing all existing sewers (storm, sanitary and combined) with proposed new sewers for separation. Subject to successful funding under Bilateral Funding MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council, G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share * St. James Street Germain Street to Sydney Street Renew 195 m of 300mm and 375 mm T.C. 164,250 60,750 sanitary sewer (Condition Grade of 4 with an in service year of 1878), including design and construction management services. Subject to successful funding under Bilateral funding. G&D * Retail Drive Area Rockwood Avenue to Gull Street Renew 275 m of 450mm sanitary sewer, 500,000 including design and construction management services. Project to be funded under the G.T.F. * Britain Street Pitt Street to Wentworth Street Renew 145 m of 300 mm T.0 sanitary sewer 116,800 43,200 (Condition Grade of 4 with a year in service of 1875), including design and construction management services. Subject to successful funding under Bilateral Funding. * Peters Street Waterloo Street to Coburg Street Renew approx. 190m of 300mm, and 375mm 156,950 58,050 T.C. sanitary sewers (Condition Grade of 2.5 with an in service year of 1889), including design and construction management services. Subject to successful funding under Bilateral Funding. TOTAL: $2.347.450 $2.422.550 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS InfrastructureRenewal ® Water Project Location Description Other Utility Share Share G&D * Charlotte Street St. James Street to Lower Cove Renew 75 m of 200 mm C.I. watermain (1965), 69,350 25,650 Loop including design and construction management services. Subject to successful funding under Bilateral Funding. * Fleet Replacement Various locations Fleet Replacement for Saint John Water. 485,000 0 Project to be funded under Fleet Reserve. * Garden Street Coburg Street to City Road Renew approx. 258m of 200mm C.I. 208,050 76,950 watermain, including design and construction management services. Subject to successful funding under Bilateral Funding. Rodney Street Market Place to Watson Street Renew approx. 295m of 300mm C.I. 0 345,000 watermain, including design and construction management services. Engineering Various locations Funding for engineering investigations and 0 300,000 Investigations and Design design for various projects under the Water and Sanitary categories. * Pitt Street St. James Street to Broad Street Renew 155m of 200 mm C.I. watermain with 124,100 45,900 200 mm watermain, including design and construction management services. Subject to successful funding under Bilateral Funding. * Mecklenburg Street Wentworth Street to Crown Renew approx. 265m of 200mm C.I. 211,700 78,300 Street watermain, including design and construction management services. Subject to successful funding under Bilateral Funding. * St. James Street Germain Street to Sydney Street Renew 230 m of 200 mm C.I. watermain 182,500 67,500 (1878), including design and construction management services. Subject to successful funding under Bilateral funding. * Britain Street Pitt Street to Wentworth Street Renew 145 m of 200 mm C.I. watermain 116,800 43,200 (1934), including design and construction management services. Subject to successful funding under Bilateral Funding. * Peters Street Waterloo Street to Coburg Street Renew approx. 190m of 200mm watermain, 156,950 58,050 including design and construction management services. Subject to successful funding under Bilateral Funding. * Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 500,000 0 Lining Phase 18 watermains to improve pressure, water quality, and fire flows. Project to be funded under G.T.F. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w&s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council, G&D: PROJECT IS FOR GROWTH AND DEVELOPMENT Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share TOTAL: $2.054.450 $1.040.550 PRO CLAMA TION WHEREAS. In April, 1889, the Legislative assembly of the Province of New Brunswick passed an Act to Establish the Exhibition Association of the City & County of Saint John; and WHEREAS. The Exhibition Association celebrates its 130`11 anniversary this year; and WHEREAS. The annual exhibition takes pleasure in providing hours of fun and entertainment for young and old alike; and WHEREAS. the exhibition showcases local talent, art, crafts, agricultural products and animals; and WHEREAS. The Exhibition Association invites one and all to join them for the Best Five Days of Summer as we celebrate and rediscover East Coast hospitality at the Saint John Ex. NOW THEREFORE: 1, Mayor Don Darling, of Saint John do hereby proclaim the days of Tuesday, August 27`x' to Saturday, August 31" as Exhibition Days in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 175 BY-LAW NUMBER C.P. 111-80 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 111-80 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : The Zoning By-law of The City of L'arrete de zonage de The City of Saint John enacted on the fifteenth day of Saint John, decrete le quinze (15) decembre December, A.D. 2014, is amended by: 2014, est modifie par: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 930 square metres, located at 81 Bayside Drive, also identified as PID No. 00317636 from Neighbourhood Community Facility (CFN) to General Commercial (CG) - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2019 and signed by: Mayor/Maire 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour one parcelle de terrain d'une superficie d'environ 930 metres canes, situee a 81 rue Bayside et portant le NID 00317636, de zone d'installations communautaires de quartier (CFN) a zone commerciale generale (CG) - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * 2019, avec les signatures suivantes : Conunon Clerk/Greffier communal First Reading - July 29, 2019 Premiere lecture Second Reading - July 29, 2019 Deuxieme lecture Third Reading - Troisieme lecture 176 le 29 juillet 2019 le 29 juillet 2019 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE Neighbourhood Community Facility Zone d'installations communautaires de quartier Applicant: City of Saint John Location: 81 Bayside Drive PID (s)/N I P(s): 00317636 ' era`l a� G TO/A ,;' General Commercial CFN 1t�o/� CG Zone commerciale generale Considered by P.A.C./considers par le C.C.U.: July 16 juillet, 2019 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: Andrew Pollock Date Drawn/Carte Creee: July 30 juillet, 2019 177 BY-LAW NUMBER C.P. 111-79 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 111-79 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a decrete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City Saint John enacted on the fifteenth day of of Saint John, decrete le quinze (15) December, A.D. 2014, is amended by: decembre 2014, est modifie par: 1. Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1483 square metres, located at 149 Broad Street, also identified as PID No. 00000604, from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2019 and signed by: Mayor/Maire La modification de 1'annexe «Av, Plan de zonage de The City of Saint John, pour une parcelle de terrain d'une superficie d'environ 1483 metres carres de NID 00000604, situee au 149, rue Broad, de zone d'installations communautaires de quartier (CFN) a Zone Residentielle du Centre-ville (RC) eonformement a une resolution adoptee par le Conseil municipal en vertu de Particle 59 de la Loi sur Purbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2019, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - July 29, 2019 Premiere lecture Second Reading - July 29, 2019 Deuxieme lecture Third Reading - Troisieme lecture 178 - le 29 juillet 2019 - le 29 juillet 2019 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE ,,,�rrifrrrr� Neighbourhood Community Facility CFN fffa RC Zone d'installations communautaires de quartier road gt rue TO/A Urban Centre Residential Zone residentielle du centre-ville Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Tailored Developments Location: 149 Broad Street PID(s)/NIP(s): 00000604 Considered by P.A.C./considers par le C.C.U.: July 16 juillet, 2019 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: Andrew Pollock Date Drawn/Carte Crese: July 30 juillet, 2019 179 m � 0 S N FROM / DE ,,,�rrifrrrr� Neighbourhood Community Facility CFN fffa RC Zone d'installations communautaires de quartier road gt rue TO/A Urban Centre Residential Zone residentielle du centre-ville Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Tailored Developments Location: 149 Broad Street PID(s)/NIP(s): 00000604 Considered by P.A.C./considers par le C.C.U.: July 16 juillet, 2019 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: Andrew Pollock Date Drawn/Carte Crese: July 30 juillet, 2019 179 Section 59 Conditions — 149 Broad Street That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 1,483 square metres, located at 149 Broad Street also identified as PID Number 00000604, be subject to the following condition: That any development of the site be in accordance with a detailed site plan to be prepare by the proponent and subject to the approval of the Development Officer, indicating: the location of all buildings and structures, vehicular parking areas & driveways, bicycle parking, loading areas, signage, exterior lighting, outdoor storage areas, landscape and amenity areas, and other site features. The site plan is to be attached to the application for the building permit for the proposed development. 180 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 348 ACAMAC BACKLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule A of the Municipal Development Plan, parcels of land with an area of approximately 6.0 hectares located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595 from Park and Natural Area to Rural Resource Area as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcels of land, from Park and Natural Area to Rural Resource. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday August 19, 2019 in the Ludlow Room, 8t' floor of City Hall. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 348, CHEMIN ACAMAC BACKLAND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a 1'intention d'btudier la modification du plan d'amenagement municipal comme suit: Modifier la designation, a 1'annexe A du plan, des parcelles de terrain d'une superficie d'environ 6,0 hectares, situee au 348, chemin Acamac Backland, et portant des parties de NID 00289595, afire de la faire passer de parc on aire naturelle a secteur de ressources rurales, comme it est indique ci-dessous; 2. Modifier la designation, a 1'annexe B du plan, des parcelles de terrain precitee, afire de la faire passer de parc on aire naturelle a secteur de ressources rurales. Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le fundi 19 aoat 2019 dans la dans la salle Ludlow. 8eme etaae de 1'h6tel de ville. s r� PIE ..0 �Nh REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the development of a pit and quarry for Permettre la cr6ation d'une carri6re et sabli6re pour aggregate and clay extraction on a portion of the 1'extraction d'agr6gats et d'argile sur une portion property. de lapropri&t&. Written objections to the proposed amendment may Veuillez faire part au conseil par &crit de vos be made to the Council, in care of the undersigned, objections au projet de modification au plus tard le by September 18, 2019. Enquiries may be made at 18 septembre 2019 a Pattention du soussign&. Pour the office of the Common Clerk or Growth and toute demande de renseignements, veuillez Community Development Services, City Hall, 15 communiquer avec le bureau du greffier communal Market Square, Saint John, N.B. between the hours ou le bureau de service de la croissance et du of 8:30 a.m. and 4:30 p.m., Monday through Uveloppement communautaire a Photel de ville au Friday, inclusive, holidays excepted. 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f&ri&s. Jonathan Taylor, Common Clerk Jonathan Taylor, Greffi&re communale 658-2862 6582862 LOCATION CIVIC ADDRESS :Y, 00289595 QQ289454 11 HERITAGE AREA: Y J N INTENSIFICATION AREA: Y/ N FLOOD RISK AREA: Y J N APPROVED GRADING PLAN: Y J N LL - APPUCATION #: DATE RECEIVED: '^ RECEIVED BY: AAPPPLPUICCAANNIT EEMMAAIILL V PHONE z Fundy Regional Service Commission mmacleod@fundyrecycles.com (506)738-1213 p , MAILING ADDRESS POSTAL CODE a Pa Box 3032, Grand Bay -Westfield New Brunswick E5K 4V3 aC -. '- CONTRACTOR EMAIL PHONE O GEIUITEC marco.sivitilli a@gemtec.ca (506)343-2188 %".MAILING ADDRESS POSTAL CODE a 589 Rothesay Ave. Saint John, New Brunswick E21-1 2G9 OWNER EMAIL PHONE John Law Corporation johnlawcorp@gmail.com (506)844-8625 a MAILING ADDRESS POSTAL CODE r, 109 Prince William Street Saint John, New Brunswick E21- 2B2 PRESENT USE: RU PROPOSED USE: PQ :PLANNING ,% ,;::: ;;::;.;INFRASTRUCTURE:"`.:, -,;,'s;`:: 'HERITAG E,�', �INTERIORRENOVATION []NEWCONSTRUCTION VARIANCEEISTREETEXCAVATION HERITAGE DEVELOPMENT Q-.-- DEXTERIOR RENOVATION ]ACCESSORY BLDG [—]PLANNINGLETTER EDDRIVEWAY CULVERT HERITAGE SIGN ADDITION EIPOOL IDPAC APPLICATION DRAINAGE �HERITAGEINFILL DECK DEMOLITION �COUNCILAPP WATER & SEWERAGE �HERITAGEDEMO Y EICHANGEOFUSE SIGN SUBDIVISION OTHER 11 OTHER '.- DMINIMUM STANDARDS OTHER ©OTHER � FRSC has an agreement with John Law Corporation to purchase a portion of PID 00289595, provided that the land can be developed as a source for clay and rock material. The material a will be used for construction of new containment cells and closures at Crane Mountain Landfill. An EIA has been registered with NBDELG (Project Number 1515) with regards to wetland alteration in the area of the clay source. FRSC is applying to rezone the pr perty to PQ from RU. 01 consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program /service: the collection is limited to that which is necessary to deliver the program / service. Unless required to do so bylaw, the City of Saint John will not share your personal information with any third party without your express consent, The legal authorityfor collecting this information is to befound in the Municipalities Act and the Right to Information and Protection of Privacy Act. For farther information or questions regarding the collection ofpersonal information, please contact the Access & Privacy Ofcer. City Hall Building 8th Floor - 15 Market Square Saint John, NB E21. 1 E8 g',aav ddara0-4lulwt Wwyl m (506) 658-2862 183 ii hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes aft relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. By submitting a complete permit application, the applicant grants permission to City inspectors to enter the land, uilding or premises at all reasonable times for the purposes ob�ggnducting inspection(s) associated with the permit. ent 81�0 eeww"', V , p , Variance Application GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAlNTJOHN CIVIC ADDRESS I PID 00289595 APPLICATION # I FEE PAID I Y I N TYPE OF APPLICATION ,z ami�� e F-1Tier1 Variance F-1Tier2 Variance PAC Variance Variances not greater than 25% of a Variances greater than 25% of a Variances considered by the Planning numeric standard numeric standard Advisory Committee Service Fee: $50 plus $10 per Service Fee: $100 plus $20 per Service Fee: $300 plus $60 per additional variance additional variance additional variance DETAILED DESCRIPTION OF APPLICATION Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. See "General Application" form for introduction. The proposed clay source covers an estimated 6.4 hectares of wetland area. The proposed rock source (quarry area) covers approximately 9.7 hectares. FRSC is proposing to develop this roc and clay source for its own use. Clay material will be extracted every 2 to 3 years. Rock material may be extracted on a more regular basis, but blasting and crushing is expected to occur every 2 to 3 years. All truck traffic from the site will use existing access roads and will travel to the landfill via the Acamac Backland Road Route 177 and Crane Mountain Road. As a part of the EIA process the FRSC is holding two public information sessions on May 28, 2019. These have been advertised on radio, social media, and provincial newspapers. Adjacent property owners were contacted through mail. As a part of the EIA proccess, a pre-blast/blast monitoiring plan, wetland compensation plan, extraction plan, and sedimentation control plan will be developed. Further information and justification for this project is in the EIA documents. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. We understand the land is currently zoned RU and to extract clay and rock, the property must be rezoned PQ. Further to this, we understand that the clay source area is designated as "Park and Natural Area." AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof and I have examined the contents of this application and hereby certify that the information submitted with the application is co rr insofar as I ve k wledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any addi ' al in atio that 1 be necessary for this application. Registered e r Authorized Agent Additional Registered Owner 2019 -May -27 2019 -May -27 Date Date Marc MacLeod, Executive Director, FRSC Marco Sivitilli. GEMTEC The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Variance Application Form 20/0112017 184 i Council Applicatio GROWTH & COMMUNITY DEVELOPMENT SERVIC CITY OF SAINT J01di CIVIC ADDRESS I APPLICATION # I FEE PAID . Y I N TYPE OF, APPLICATION ❑ Land for Public Purposes Nan -Conforming Use Satisfactory Servicing Release Service Fee: $200 Service Fee: $200 Service Fee: $300 Section 39 Amendment Zoning By-law Amendment Zoning By-law Amendment with Service Fee: $2,500 Service Fee: $2,500 a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. (ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registered Owner or Authorized Agent Additional Registered Owner Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Council Application Form 20/01/2017 185 May 15, 2019 To Whom it May Concern, Please be advised that John Law Corporation authorizes Fundy Region Service Commission (FRSC) or their agents to make application for rezoning PID 00289454 if required and the portion of PID 00289595 south of the reserve road and west of the NBEPC transmission line for the purpose of developing a clay and rock resource. Additionally, we grant permission to FRSC and their agents and workmen access to any and all of our properties to conduct studies and gather information pertinent to their efforts in obtaining an approval for a pending EIA application. Sincerely, F2 M -T Z =-a John Law Corporation 186 GEMTE CONSULTING ENGINEERS AND SCIENTISTS I June 19, 2019 City of Saint John Growth& Community Planning Services 10th Floor, City Hall p.O.Box 1871 Saint John, New Brunswick E21-41-1 GEmTEC Consulting Engineers and Scientists Limited tel: 606.657M00 589 Rothesay Avenue fax: 506.657.0201 Saint John, NB, Canada oomtjm`nqyuemten.co s2*2a9 www.oemteoza Attention: Mark Reade, P.Eng., MCIP, RPP, Senior Planner GEMTECFile: 90429.29—R01 Re: Variance Application - SuppUimmemtaryUnformmation Crane Mountain Landfill - Clay Source Development, Saint John, New Brunswick The Fundy Regional Services Commission /FRSC\has retained GEK8TEC Consulting Engineers and Scientists Limited (GEK8TEC) to prepare o City mfSaint John General Application and Variance Application/Council Application hmmnm for the proposed Crane Mountain Landfill Clay Source Development, inSaint John, New Brunswick (the "Project"). The Project is in support of ongoing landfill operations and the extraction ofrequired construction materials (clay and rock) for future municipal solid waste (K8SVV) containment meUo at the Crane Mountain Landfill. The Project is located on the southwestern portion of the land parcel identified by Service New Brunswick (ShJB)aoparcel identifier (F'|O)OO28S5S5 (herein referred toms"Sita^).approximately 1.2 kilometres west of the landfill. The location of the Site is shown on Figure 1. It is important to note that theFR8C is looking to develop this clay and rock source for their own internal purposes. FRSC requires rock and clay material for the construction of MSW containment cells. Clay material has been wary difficult to procure through a public tendering procaoo, as approved sources and supply are limited. Based on the current containment cell construction schedule, it is anticipated that clay extraction and quarrying activities would be conducted over the course of approximately 6 to 8 weeks, every 2 to 3 years. Extraction of material at this proposed clay source (pit) and quarry would not be in continuous, but the Site roads and sedimentation infrastructure would be continually maintained. Please oaa the complete Environmental Impact Assessment (EIA) document for further explanation and justification for the We understand that in accordance with the City ofSaint John Municipal Plan. a Proponent is required to submit a General Application and Variance Application/Council Application to support the change mfmland designation. Currently, the Project Site |mdesignated eaaFluna|Reamurce Area (RU). The FRBC is proposing to re -zone the Site to Pits and Quarries (PQ) to allow for experience e knowledge* integrity ---_—'_-_-- 187 proposed Project operations (extraction of clay material and quarriable rock). Further to this, the proposed clay source is also located within a designated "Park and Natural Area" as detailed in the Municipal Plan. This letter report is to serve as supplementary information to the General Application and Variance Application/Council Application as required by the Growth & Community Development Services of the City of Saint John. Our responses are numbered to correspond to the Policies outlined under the Land Use Designations Outside the Primary Development Area for RU area, as outlined in the Municipal Plan. Policy LU -95: A Rural Resource Area(s) shall remain in their natural state, or subject to regulation and required approvals, shall be used for appropriate resource uses such as forestry operations, agriculture, fisheries, and extraction activities, including pits and quarries. The FRSC is currently proposing to operate a clay source (open -pit) and an aggregate rock quarry on the Site. All other areas within the Site, outside the pit and quarry footprints, will be maintained in their natural state. Policy LU -96: To demonstrate compliance with all Pits and Quarries Zone provisions the following information is provided: a. The proposed site plan and Site meets all required set -backs as stipulated in the zoning requirements. Figure 1 which in included in this submission package shows all required set -back distances in relation to the Project Site. Additionally, historic quarrying and clay pit extraction activities have been undertaken on the Site. Existing roadways will be utilized during the Project timeline and no new access infrastructure is required. b, All Site operations will only be undertaken during day -light hours. c. It is not anticipated that major changes to the on-site stormwater management systems will be required. Existing roads, culverts, and associated ditching currently facilitate stormwater towards natural drainage areas (i.e., Mill Creek). The existing ditches will be maintained throughout the Project. To mitigate against increased sedimentation in the receiving watercourse (i.e., Mill Creek), a sedimentation pond will be constructed on the Site. Surface water collected on the Site may be directed / pumped to the sedimentation pond to allow the settlement of suspended sediment prior to discharge. d. The proposed mitigation for the control of smoke, dust, odour, vibration, and noise are outlined below: (,,,) Dust suppressants may be used during periods of dry weather; Dry materials / stockpiles may be covered or windrowed to prevent blowing dust or debris. Similarly, dusty material may be transported in covered haulage vehicles; 10 GEMTEC Letter to: City of Saint John 2 GEMTEC Project: 90429.29 (June 19, 2019) 188 :> Dust generating activities will be limited during periods of dry or windy conditions; c: Wind prone areas will be stabilized in a timely manner; :, Any non-essential internal combustion engines will be shut off when not in use, and heavy equipment will not remain idling for periods exceeding 10 continuous minutes as a best management practice; �D Equipment will be maintained according to emission standards and in good working order; Equipment will be muffled, when feasible; c) A vegetated buffer will be maintained around the Project to reduce sound impacts to the surrounding receptors; On-site activities will be limited to day -time hours (i.e., approximately 12 hours per day); 0 If concerns from nearby landowners are received, FRSC will notify the New Brunswick Department of Environment and Local Government (NBDELG) and will engage citizens for resolution, as required; FRSC is developing a pre -blast survey and blast monitoring plan to monitor properties closest to the quarry area as a part of the EIA process. The plan will be in conformance with NBDELG standards and City of Saint John Requirements. C> Blasting activities will be infrequent (estimated to be every 2 to 3 years), when feasible; All blasting activities will be conducted by a certified blasting contractor in accordance with an Approval to Operate from NBDELG; o: All blasting events will be restricted to day -light hours; The topography of the open pits (i.e., lower elevation than ground surface) will reduce the sound travel from the blast site; and Emergency and spill response procedures will be in place prior to construction. Additionally, an EIA was completed for the Project that details the potential Project impacts, appropriate mitigation, and any residual effects to the environment. The EIA document is available online at: https://www2.gnb.ca/content/dam/gnb/Departments/env/pdf/EIA-EIE/Registrations- Engegistrements/documents/EIARegistration1515.pdf e. Please see attached Figure 1 for all set -back distances in relation to the Project. f. A vegetated buffer will be maintained around the proposed pit and quarry to provide a visual screening to the surrounding receptors. Tree clearing will occur in a sequenced VV GEMTEC Latter to: City of Saint John :3 GE TEC Project: 90429.29 (June 19, 2019) 189 schedule as dictated by the required material extraction requirements. Areas will remain vegetated until extraction is to occur. g. No permanent buildings are required for the Project. Equipment will be maintained on Site during active construction, operation and reclamation periods, and may include, but not limited to: * Excavator(s); * Loaders; * Dump and / or haul truck(s); Y: Grader(s) and / or bulldozer(s); * Pumps for water control; * Rock crushing equipment; and / or * Personnel vehicles. h. All Site work will be conducted in accordance to the New Brunswick Occupational Health and Safety Act. i. Existing roadways will be used for the Project (i.e., Yellow Gate Road, Acamac Backland Road and Route 177). The proposed hauling route is included in this application package (Figure 2). Some minor road upgrades such as the placement of a layer of granular base material and replacing the damaged culvert where Yellow Gate Road meets Acamac Backland Road will be required. j. No landscaping is proposed as part of the Project. Some signage may be installed at entrances to the site to notify the public of active quarry/pit operations. k. Rehabilitation plans are outlined in the EIA document. The EIA document is available online: https://www2.gnb.ca/content/dam/gnb/Departments/env/pdf/EIA-E I E/Registrations- Engegistrements/documents/EIARegistration 1515. pdf Policy LU -97: No residential areas or developments are currently proposed as part of the Project. Policy LU -98: No residential areas or developments are currently proposed as part of the Project. Policy LU -99: No new roads are currently proposed as part of the Project. Policy LU -100: A provincial EIA was completed for the Project. The EIA is currently being reviewed by the NBDELG. Any potential impacts to environmental and / or community quality of life are included in the EIA. The EIA details the proposed mitigation for any negative impacts and any residual effects following the implementation of the mitigation measures. The EIA document is available online: GEMTEC Letter to: City of Saint John 4 GEMT C Project: 90429.29 (June 19, 2019) 190 VVe are confident that all environmental concerns are covered inour EIA document. Ifyou would like a hard copy of the EIA for this 9nmooned Project and not just the electronic copy available online, please |m{ us know and we would be happy to provide you with as many copies as you would like to have. We trust to above information meets your requirements at this time. If you have any questions or comments please donot hesitate hocontact the undersigned. Enclosures m° Considerations\2019,11`10619-1-01 (Rezoning Application Supplimentery Infonnation, city of Saint Johw.do= 11/7 MCUT =1 1i Letter to: City of Saint John 5 GEMTEC Project: 90429,29 (June 19, 2019) �� -�- - -�----------- - �_- 191-___ - -- --' --------------------'--- _192 9 X- 21 a � � �f �: \ \ \ > OR OMEM 0 U5 1 0 - a In, �$�./\� � .�\ : ....... ....... "I'l""I'll� � � �f �: \ \ \ > OR OMEM 0 U5 1 0 - a I [I a 4 d C E EZ6'9$ IV ..d V Li L6L'9$ IV E CL IT) m = IV W IA 4� OLL'9$ TEL'9$ 6Z9'9$ • Z6S'9$ VZ9,9$ w. 4 d C E IV ..d V Li IV E CL IT) m = IV W IA 4� a � @ 9� \ « � / , ; « R a » » . Z 2 � � @ « R a » » . Z 2 � :�< � @ N E CN E 0 0 t5 .0 CL E 0 en 0 E 0 en aiai 0 I U.1 a. M U) 0 E P, LAI' L u. E cu Mik en 70 0 1,2 ryryry N E CN E 0 0 t5 .0 CL E 0 en 0 E 0 en aiai 0 I U.1 a. M U) P, LAI' L N E CN E 0 0 t5 .0 CL E 0 en 0 E 0 en aiai 0 9 JJ m c 0 a I U.1 a. M U) 9 JJ m c 0 a a 3 a MINIMUM \ } � � 7 � 3 a a 92 21 iii iii i;�i iii i��w,a�. �N,��wHr�q'�a�r<«�rrr�i 92 21 a "I-11-1-11�l.-I'�l.-I'�,�1.1�lI - - - - - - I I -111,�,�'ll-l�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�I - - - - \\. - -- . ..... � �� \^ � �y � y sz\\ r \ \ \ at a "I-11-1-11�l.-I'�l.-I'�,�1.1�lI - - - - - - I I -111,�,�'ll-l�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�,�I - - - - \\. - -- . ..... � . .... . . . , ... . �; FT � �y � y sz\\ r � %J .. 6 \ . p2 ^\ 4 � ff,",) a. er km Off] 0 ff,",) a. er km Off] m COUNCIL REPORT M&C No. 2019-211 Report Date August 12, 2019 Meeting Date August 19, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 361-363 Lancaster Street (PID 00367904) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Catherine Lowe J Hamilton /A Poffenroth John Collin RECOMMENDATION RESOLVED, that the building located at 361-363 Lancaster Street, PID# 00367904, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that the building is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated underthe Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 361-363 Lancaster Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A Ph 1.1 -2 - REPORT Inspections of the property at 361-363 Lancaster Street, PID# 00367904, have revealed that there is one building on the premise; a multi-storey, five -unit apartment building. The building is currently assessed at $119,800. Staff first became aware of the property's vacancy in February 2016 and began standard enforcement procedures. The property is located on the City's West side in a mid - rise residential zone on the corner of Lancaster Street and Woodville Road. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on June 10, 2019 and was and was posted to the building on June 12, 2019, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists one individual as the owner. The Building is considered to be abandoned. Attempts were made to contact the owner of the Building and any other interested parties, however all attempts were unsuccessful. The Notice provided the owner with 30 days to remedy the conditions at the property. The owner did not file a formal appeal and did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on July 16, 2019 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner via posting of the building. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was posted to the building on August 2, 2019. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior PAIN to starting demolition activities at the property. Total cost of the demolition work is approximated at $20,000 and will take about 3-5 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos Ph F-11 FORM 4 NOTICE TO COMPLY — DANGEROUS OR UNSIGHLTY PREMISES (Local Governance Act, S.N.B., 2017, c.18, s 132(2)) Parcel identifier: PID #00367904 Address: 361-363 Lancaster Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: McMahon, James Joseph Address: 361 Lancaster Street, Saint John, New Brunswick, E2M 1K1 FORMULE 4 AVIS DE CONFORMITE — LIEUX DANGEREUX OU INESTHETIQUES (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Num6ro d'identification de la parcelle : NID :00367904 Adresse : 361-363, rue Lancaster, Saint John, Nouveau -Brunswick Propri6taire(s) on occupant(s) : Nom: McMahon, James Joseph Adresse : 361, rue Lancaster, Saint John, Nouveau -Brunswick, E2M 1K1 Local government giving notice: The City of Saint Gouvernement local signifiant Mavis : The City of John Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the `By- law"). Arre"t6 enfreint : Arrete relatif aux lieux inesthetiques et aux bitiments et constructions dangereux de Saint John, Arrete numdro M-30, ainsi que ses modifications ci-affdrentes (1' « Arret6 >>). Provision(s) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) : Les paragraphes 6(1), 6(3) of the By-law. 6(2) et paragraphe 6(3) de I'Arret6. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated June 10, 2019 prepared by Catherine Lowe, ETT and Rachel Van Wart, EIT, By-law Enforcement Officers, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. Description de la (des) situation(s) : Les lieux sont inesthetiques en permettant la presence de ferraille, de detritus et le batiment d6labr6. Le batiment est devenu dangereuse pour la s6curitd du public du fait de son inhabitation on de son inoccupation et est devenu dangereuse pour ]a sdcurit6 du public du fait de son d6labrement et du fait de manque de solidit6. Les conditions du batiment et des lieux cont d6crites a 1'annexe << A >>, une copie conforme du rapport d'inspection en date du 10 juin 2019 et prepare par Catherine Lowe, IS et Rachel Van Wart, IS, agentes charge de 1'ex6cution des arr6t6s du gouvernement local, r6vis6 et en d'accorde avec par Amy Poffenroth, ing., une agente charg6e de 1'ex6cution des arret6s du gouvernement local. Ce qu'il y a lieu de faire pour y rem6dier: La propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le batiment et les lieux en conformit6s avec I'Arret6. Dans l'6ventualit6 que la propri6taire ne rem6dient pas le batiment et les lieux dans le temps prescrit par le present avis de conformit6, le batiment pourront etre d6molis comme mesure corrective compte tenu qu'il repr6sente un danger pour ]a sdcurit6 du public et les lieux pourront etre nettoy6s. Dans 1'6ventualit6 de demolition, tons les debris et autres items sur les lieux seront disposes comme mesure corrective dans Ie but de rem6dier le danger pour la securite du public. The aforementioned remedial actions relating to the Les mesures correctives susmentionn6es relativement 219 demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. A la demolition du batiment et la disposition des ddbris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en stat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'dliminer le deversement, de modifier le mode de deversement on le deversement d'un polluant dans ou sur 1'environnement on toute partie de 1'environnement. Date before which the condition must be corrected:' Delai imparti pour y remedier : ' a) The demolition of the building, clean-up of the property and related remedies must be complete, or pians and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 81 Floor, 15 Market Square, Saint John, New Brunswick, E2L 4Li. Potential penalty for not complying with notice within time set out in notice:' Subsection I1(1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection I I(]) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph I I(3)(b)(i). 220 a) La demolition du batiment et le nettoyage des lieux doivent etre compldtdds, ou A laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 30 jours qui suivent la signification de Favis de conformitd. b) Les reparations relides aux mesures doivent etre completdes dans les 120 jours qui suivent la signification de ('avis de conformitd. Date limite pour donner Pavis d'appel: Dans les 14 jours qui suivent ]a notification de ]'avis de conformitd. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent ]a notification de ]'avis de conformitd, envoye un avis d'appel par courrier recommande A la grefficre communale de ]a municipalitd, A The City of Saint John, Edifice de ]'hotel de ville, 8e stage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Peine possible en cas d'omission de se conformer aux exigences de ]'avis dans le delai y imparti : 2 Le paragraphe Il(l) de 1'Arrete prdvoit quiconque omet de se conformer aux exigences formuldes dans un avis de conformite notifie aux termer de ]'article 7 de ladite Arretd, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales A titre d'infraction de la Glasse F. Lorsqu'une infraction prevue an paragraphe 11(1) se poursuit pendant plus d'une journee, I'amende minimale qui peat etre imposde est I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la Glasse F multiplide par le nombre de jours pendant lesquels l infraction se poursuit conformement A 1'alin6a 11(3)b)i). Local government's authority to undertake repairs or remedy:' Paragraphs 12(1)(a), 12(1)(b) and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John the ''qday of June, 2019 Local government: The City of Saint John Signature of the officer of the local government: Pouvoir du gouvernement local d'entreprendre des reparations on de remedier a la situation : ' Conformement aux alin6as 12(1)a), 12(1)b) et 12(1)c) de 1'Arrete, si un avis de conformite a ete signifid aux termes de ]'article 7 de ladite Arrete et, que le proprietaire on ]'occupant ne se conforme pas a cet avis de conformitd dans le delai imparti et tel qu'il est repute confirme ou tel qu'il est conftrme on modifie par un comite du conseil on par un juge en vertu le paragraphe 12(3) de ladite Arrete, la municipalitd pent faire nettoyer on reparer les lieux de cc proprietaire ou de cet occupant on de faire reparer on demolir le batiment on autre construction de ce proprietaire on de cet occupant, et les coots afferents A 1'execution des ouvrages, y compris toute redevance on tout droit connexe, cont mis A la charge du proprietaire on de ]'occupant et deviennent une cr6ance de la municipalite. Fait A Saint John le juin, 2019. Gouvernement locale : The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonnees du fonctionnaire du gouvernement government: local: Name: Catherine Lowe, EIT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10" Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-mail: catherine.lowe@saintjohn.ca Fax: (506) 632-6199 Corporate seal of the local Nom: Catherine Lowe, IS Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de l'h6tel de ville, l0e 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L I Telephone: (506)658-2911 Adresse electronique: catherine.lowe@saintiohn.ca Telecopieur : (506) 632-6199 iceau du gouvernement local Notes: Notes .G n ✓ 1. All appropriate permits must be obtained " ;; 1 t fievant L Tous les permis prescrits doivent etre obtenus et toute la legislation must be complied with in the course of carrying out the legislation pertinente doit etre respectde pendant 1'ex6cution des required remedial action. mesures de remddiation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de 1'amende n'a pas pour effet d'annuler with the by-law, standard or notice_ ('obligation de se conformer a 1'arrcte, a la norme ou a 1'avis. 3. Costs become a debt due to the local government and may be 3. Les coots deviennent one cr@ance du gouvernement local et added to the joint local government and provincial Real Property peuvent etre ajoutes a ]'avis common d'evaluation et d'imp6t Assessment and Tax Notice. foncier des gouvernements local et provincial. 221 INSPECTION REPORT Schedule "A" 361-363 Lancaster Street Saint John, New Brunswick PID# 367904 Inspection Date: May 23, 2019 Inspection Conducted by: Catherine Lowe, EIT & Rachel Van Wart, P.Eng. Introduction Inspections of the property at 361-363 Lancaster Street, PID# 367904, have revealed that there is one building on the premise (the "Building"); a multi-storey, five -unit apartment building. Staff first became aware of the property's vacancy in February 2016 and began standard enforcement procedures. The property is located on the City's West side in a mid -rise residential zone on the corner of Lancaster Street and Woodville Road. The Building is considered to be abandoned. Attempts were made to contact the owner of the Building and any other interested parties, however all attempts were unsuccessful. For this reason, an entry warrant was obtained in order to conduct an internal inspection to assess the interior conditions of the Building. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the `By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; discarded wood, a mattress and box spring, a metal bed frame, broken doors, broken outdoor furniture, roof shingles, discarded vehicle parts such as a storage box, a truck cap, a seat, and tires, as well as other various loose garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The right and left side of the rear roof is damaged and sagging. Holes can be seen in the rear left side of the roof. A window on the left side of the Building is broken with jagged pieces of glass still in the window frame. The doors at the right side of the Building are broken. The paint on the right side stairs is weathered. The stairs are also leaning and have green algae growth. The Building has two brick chimneys, the bricks of both chimneys are deteriorated while some bricks from the right side chimney are loose or have fallen from the chimney completely. The top door trim to 363 Lancaster Street is 222 hanging. There is a rusted section of metal siding approximately 2 by 1 feet in size on the front of the Building, to the left of the door for 363 Lancaster Street. There are many wires hanging from the front of the Building to the left of the door for 363 Lancaster Street as well. The vinyl siding of the Building is in good condition however, there are sections on the left side of the Building that are discolored. These conditions are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. The property's condition affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The property is considered to be abandoned. Bankruptcy documents were registered on title with Service New Brunswick on March 9, 2017. A Disclaimer by Trustee was registered on title with Service New Brunswick on December 21, 2018, to release and disclaim any or all right, title or interest in and to the property. Attempts to contact the owner by phone and by process server were unsuccessful. No other party has come forward to claim care and control of the property. Saint John Energy confirmed that the power has been disconnected since August 2016. In January 2016 water was gushing out of the Building from an unknown internal source. Attempts were made to contact the owner or a representative to address this matter, however all attempts were unsuccessful. The City was forced to turn off water services to the Building on January 5, 2016; no request has been made to date to restore the services. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. The rear of the Building is separated only by approximately 1 foot from the neighboring five unit building at 288- 290 Woodville Road. If a fire event were to occur within the Building, it could easily spread to the neighboring property, which would cause significant damage to the buildings and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. They may also need to enter the Building to fully extinguish the fire. The condition of the interior is not known to firefighters, which poses a hazard to their safety and others who may be inside in the event of a fire. The Building does not have proper exiting and fire separation. This is a hazard as it could make the navigation of the Building difficult for responders in the event of an emergency. The roof of the Building is damaged, particularly at the rear of the Building. The ceilings and floors of the Building are severely water damaged in many locations. These conditions would be hazardous for any emergency responders required to enter the Building. Dilapidated Building Conditions Subsection 6(3) of the By-law states 223 No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: Exterior Conditions: 1. The two chimneys on the Building are dilapidated. The brick chimney on the right side of the Building is in a hazardous condition as bricks have already fallen. The remaining bricks are deteriorated and are in danger of falling as well. The bricks on the left chimney are also deteriorated and could fail at any moment. The Building is directly adjacent to the sidewalk, if a pedestrian walking on the sidewalk near the Building were struck by a falling brick it would cause serious injury. 2. There is a broken first storey window on the left side of the house. Jagged pieces of glass remain in the window frame. Should glass fall from the window it would land directly onto the sidewalk, causing further hazard for pedestrians. 3. The wooden right side stairs that provide access to the second storey entrance are weathered and deteriorating. There is green algae growth covering the stairs, which indicates the wood of the stairs remains damp for long periods of time, which can cause rot in the wood. The stairs are leaning and are not properly supported. These conditions could cause the stairs and second storey landing to fail should load be applied. 4. The roof overhang above the right side entrances of the Building is sagging. A wooden board approximately 2 x 2 inches in size has been placed on the railing of the landing of the stairs as an attempt to vertically support the overhang. The board meets the overhang approximately two feet left of center. The board itself is leaning to the right and the stairs it rests on are leaning as well. This is not an acceptable method to support the overhang. The wooden members of the overhang that are visible when standing beneath the overhang are discolored, likely due to rot and water damage. These conditions could cause the overhang to suddenly fail and is a hazard to anyone standing beneath the overhang. Interior Conditions: The Building is out of plumb. This has caused ceilings, walls and floors to slope and sag. There is a gap between the wall and ceiling of a room in unit 1 of approximately three inches. Floors are visibly sloped by as much as an inch while other floors are sagging. Many ceilings and walls in the Building are cracked due to structural movement. The floor of the bathroom in unit 5' deflects significantly under load and is unsafe to walk on. These conditions are a hazard to anyone entering the Building as the floors or ceilings may fail. The roof of the Building is deteriorated. This is evident from the extensive water damage throughout the Building. The most significant damage in the roof is on the right rear of the Building where sunlight can be seen through the holes in the roof when standing on the second storey inside the Building. The ceiling and floor below the hole are completely saturated due to exposure to rain and snow. The lath in the ceiling is sagging and moldy. There is water pooled on the floor causing mold and causing the floor to be soft under load. Most ceilings and floors of the Building show signs of water infiltration. In some rooms, large sections of drywall hang from the ceiling while in other rooms the fallen drywall or plaster remains on the floor below. Most of the debris from the ceilings now rest in wet moldy heaps on the floor. Other sections of hardwood flooring are heaved due to water infiltration. 224 The water damage in the Building has caused extensive mold and algae growth. There is black and white mold growth on many surfaces of the Building. A room on the first storey has extensive green algae growth over the ceiling debris on the floor, walls, and around the hole in the ceiling. In another room on the first storey, there is what appears to be light brown fungi growth on the ceiling. These conditions are a respiratory hazard. It could also be hazardous to skin should someone in the Building accidentally touch any affected surfaces. The dirt floor basement of the Building is very damp. Basements should be kept dry and the dirt floor should be compacted in order to provide proper support to the structural members of the Building. The dirt floor is saturated; at the time of the inspection, the weight of walking on the floor created a boot indent of approximately a half inch. The condition of the dirt floor has contributed to the sloped floors, walls and ceilings of the Building. The damp condition of the basement has also created mold growth on many surfaces. There are a number of cracks in the concrete foundation that will worsen due to the dampness of the basement, as freezing water in concrete will cause it to crack. The concrete stairs leading to the basement are deteriorated and unsafe. The rise and run of the stairs are too steep and the concrete is crumbling 9. There is evidence of animals in the Building. There are rodent droppings in several rooms of the Building. Feces observed on the second storey of the Building would suggest that a larger animal, such as a raccoon, had been in the Building recently. While conducting the exterior inspection of the Building on May 23, 2019 neighbors reported that they had seen many raccoons entering and leaving the Building on multiple occasions. Animals such as raccoons can cause damage to buildings are may have contributed to the damaged ceilings of the Building. Animals can also be aggressive to humans and carry harmful diseases, thus threatening the health and safety of neighboring residents. It is likely that animals are gaining access to the Building through the holes in the roof. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: 1. The Building is structurally unsound. Ceilings, walls and floors are out of plumb, sloped and sagging. There are multiple cracks in the concrete foundation of the Building. The wooden structural supports of the Building are out of plumb and are deteriorated. The dirt floor of the basement is saturated. These conditions will worsen should the Building continue to experience structural movement. The roof overhang on the right side of the Building is sagging and deteriorated, rendering it structurally unsound. The overhang is being supported vertically by a wooden board that is attached to the railing of the landing of the stairs. This does not provide proper structural support. The wooden members of the overhang appear rotten and water damaged. Anyone standing beneath the overhang when it collapses would suffer personal injury. 225 3. The roof of the Building has been compromised. There is significant water damage throughout the Building indicating that water is infiltrating from many different areas of the roof. There are large holes in the right rear section of the roof the Building. Continued exposure to the elements could cause the roof to collapse which would be hazardous for anyone inside or near the Building. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. S. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, 226 Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: 0X'oA1A',AA-1 4vit— g 1 Catherine Lowe, EIT Date Technical Services Officer Growth and Community Development Services Rachel Van Wart, P.Eng.... to Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: "' _j*i " - - Amy Poffenroth, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services 227 9u" q, W1q ate CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 261 1 -,S -A Avs;-g SAINT JOHN, N.B. (PID number Ov,36'7 9C) AFFIDAVIT OF SERVICE 1, Vi oice,,jr- 4 —, of Saint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On Wgj-,k>,,A,4 14 jg Zvi 9 , at approximately I I' o'Q —, I posted a copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at Sworn To before me at the City of Saint John, N.B., on the. I - day of 2019 RA IiEL A VAN WART' COMMISSIONER OF OATHS My COMMISSION EXPIRES DECEMBER 31sT,2022 , Saint John, N.B. PIN;] FORM 4 FORMULE 4 NOTICE TO COMPLY — DANGEROUS OR AVIS DE CONFORMITC — LIE UX UNSIGHLTY PREMISES DANGEREUX (Local Governance Act, S.N.B., 2017, c.18, s 132(2)) OU INESTHI TIQUES This i8 Exhibit ' " (Loi stir la gouvernance locale, Raten,ed to In the Affidavit of L.N.-B. 2017, ch. 18, par. 132(2)) Parcel identifier: Sworn bef me at t �'umero ('identification de la parcelle Saint John, Now Brtinvoick PID #00367904 the 112.'ay of 2,t,•t NID :00367904 Address: 361-363 Adresse: 361-363, rue Lancaster, Saint John, New Brunswick Commissimter of Oaths Nouveau -Brunswick Owner(s) or Occupier(s): Name: McMahon, James Joseph Address: 361 Lancaster Street, Saint John, New Brunswick, E2M IK1 Propri6taire(s) on occupant(s) : Nom: McMahon, James Joseph Adresse : 361, rue Lancaster, Saint John, Nouveau -Brunswick, E2M 1K1 Local government giving notice: The City of Saint Gouvernement local signifiant i'avis : The City of John Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the 'By- law"). Arr%t6 enfreint : Arrete relcttlf aux lieux inesthetidues et aux baliments et constructions dangereux de Saint ,blit, Arret6 numero M-30, ainsi quo ses modifications ci-afferentes (1' « Arrete» ). Provision(s) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) : Les paragraplies 6(I), 6(3) of the By-law. 6('2) et paragr aphe 6(3) de I'Arret6. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness 01' structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report elated .lune 10, 2019 prepared by Catherine Lowe, EIT and Rachel Van Wart, EIT, By -Law Enforcement Officers, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. Description de la (des) situation(s) : Les lieux sont inesth6tiques on perntettant la presence de ferraille, de detritus et le batiment delabr6. Le batiment cst devenu dangereuse pour la s6curit6 du public du fait de son inhabitation on de son inoccupation et est devenu dangereuse pour la securit6 du public du fait de son d6labremcnt et du fait de manque de solidit6. Les conditions du batiment et des lieux cont d6crites u ]'annexe «A», une copie con'forme du rapport d'inspection en date du 10 juin 2019 et prdpare par Catherine Lowe, IS of Rachel Van Wart, IS, agentes charge de I'ex6eu6011 des arret6s du gouvernement local, revise et on d'accorde avec par Amy Poffenroth, ing., une agente charg6e de 1'ex6cution des arretes du gouvcrnement local. Ce qu'ii y a lieu tie faire pour y rem6dier: La propri6taire doit restaurer les conditions en se conformant aux reconimandations du rapport ('inspection susmcntionn6 et d'amener le bittiment et les lieux on conformites avec I'Arr6t6. Dans 1'6ventuaht6 que la proprietaire ne rem6dient pas le batiment et les lieux dans le temps prescrit par le present avis do conformit6, le batiment pourront etre d6molis comme mesurecorrective compte tenu qu'il repr6sente un danger pour la secw-46 du public et les llerix pourront eore nettoy6s. Dans I'6ventualit6 de demolition, tons les debris et autres items sur les lieux seront disposes comme mesure corrective dans le but de rem6dier le danger pour Ia securite du public. The aforementioned remedial actions relating to the Les mesures correctives susmentionn6es relativement 229 demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. a la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en stat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler on de rdduire, d'dliminer le ddversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur 1'environnement ou toute partie de 1'environnement. Date before which the condition must be corrected:' Delai imparti pour y remedier : ' a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. a) La demolition du batiment et le nettoyage des lieux doivent etre compldtdds, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 30 jours qui suivent la signification de I'avis de conformitd. b) Les rdparations relides aux mesures doivent etre completees dans les 120 jours qui suivent la signification de I'avis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner Pavis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de ]'avis de conformitd. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8°i Floor, 15 Market Square, Saint John, New Brunswick, E21, 4LL Potential penalty for not complying with notice within time set out in notice:'- Subsection 1 I(t) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). 2 230 Processus d'appel : La propridtaire peux dans les 14 jours qui suivent la notification de I'avis de conformite, envoys un avis d'appel par courrier recommandd a la greffiere communale de la municipalitd, a The City of Saint John, Edifice de ]'hotel de ville, 8` stage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Peine possible en cas d'omission de se conformer aux exigences de Pavis dans le delai y imparti : z Le paragraphe 11(1) de I'Arretd prdvoit quiconque omet de se conformer aux exigences formulees dans un avis de conformitd notifid aux termes de ]'article 7 de ladite Arretd, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prdvue au paragraphe I1(1) se poursuit pendant plus d'une journde, 1'amende minimale qui peat etre imposde est 1'amende minimale prdvue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multiplide par le nombre de jours pendant lesquels ('infraction se poursuit conformdment a I'alinda 1 I(3)b)i). Local government's authority to undertake repairs or remedy:' Paragraphs 12(1)(a), 12(1)(b) and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John theleday of June, 2019 Local government: The City of Saint John Signature of the officer of the local government: l & Q�(_A�t ,illAa of Pouvoir du gouvernement local d'entreprendre des reparations on de remedier a la situation : ' Conformdment aux alindas 12(1)a), 12(1)b) et 12(1)c) de 1'Arretd, si un avis de conformitd a dtd signifid aux termer de I'article 7 de ladite Arrete et, que le propridtaire ou ('occupant ne se conforme pas a cet avis de conformitd dans le ddlai imparti et tel qu'il est rdputd confirmd on tel qu'il est confirmd on modifid par un comitd du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arretd, la municipalitd pent faire nettoyer ou rdparer les lieux de ce propridtaire on de cet occupant ou de faire rdparer ou ddmolir le batiment ou autre construction de ce propridtaire on de cet occupant, et les coots affdrents a 1'ex6cution des ouvrages, y compris toute redevance on tout droit connexe, sont mis a la charge du propridtaire on de l'occupant et deviennent une crdance de la municipalitd. Fait a Saint John Ie —juin, 2019. Gouvernement locale: The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonnees du fonctionnaire du gouvernement government: local: Name: Catherine Lowe, EIT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10"' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-mail: catherine.lowe@saintjohn.ca Fax: (506) 632-6199 Corporate seal of the local Notn : Catherine Lowe, IS Adresse postale: Service de la Croissance et du Ddveloppement Communautaire The City of Saint John 15 Market Square Edifice de I'h6tel de ville, I Oe etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L 1 Teldphone : (506)658-2911 Adresse electronique: catherine.lowe@saintiohn.ca Tdldcopieur : (506) 632-6199 Sceau du gouvernement local Notes: Ftp+H• ..[o :$' Notes °ve ° " ��cvant I. Tous les ermis tescrits doivenl "etre, obtenus et toute la 1. All upproptialc permits must be obtained '�� p p legislation must be complied with in the course of carrying out the Idgislation pertinente doit Etre respectde pendant 1'execulion des required remedial action. mesmcs de remediation. 2. Payment of the line does not alleviate the obligation to comply 2. Le paiement de Pamende n'a pas pour effet d'annuler with the by-law, standard or notice. l'obligation de se conformer 31'arretd, a la norme ou a l'avis. 3. Costs become a debt due to the local government and may be 3. Les coots deviennent one crcance du gouvernement local el added to the ,joint local government and provincial Real Property peuvent etre ajoutds a 1'avis common d'dvaluation et d'impot Assessment and Tax Notice. Ioncier des gouvernements local ct provincial. 231 INSPECTION REPORT Schedule "A" 361-363 Lancaster Street Saint John, New Brunswick PID# 367904 is a true copy oftine Pod at Saint John, fbix „_i. =day of ....Isr,�... � AAA Inspection Date: May 23, 2019 Standards Officer Inspection Conducted by: Catherine Lowe, EIT & Rachel Van Wart, P.Eng. Introduction Inspections of the property at 361-363 Lancaster Street, PID# 367904, have revealed that there is one building on the premise (the `Building"); a multi-storey, five -unit apartment building. Staff first became aware of the property's vacancy in February 2016 and began standard enforcement procedures. The property is located on the City's West side in a mid -rise residential zone on the corner of Lancaster Street and Woodville Road. The Building is considered to be abandoned. Attempts were made to contact the owner of the Building and any other interested parties, however all attempts were unsuccessful. For this reason, an entry warrant was obtained in order to conduct an internal inspection to assess the interior conditions of the Building. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with Dangerous Buildings and Structures By-law, thereto (the `By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: the Saint John Unsightly Premises and By-law Number M-30, and amendments No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; discarded wood, a mattress and box spring, a metal bed frame, broken doors, broken outdoor furniture, roof shingles, discarded vehicle parts such as a storage box, a truck cap, a seat, and tires, as well as other various loose garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The right and left side of the rear roof is damaged and sagging. Holes can be seen in the rear left side of the roof. A window on the left side of the Building is broken with jagged pieces of glass still in the window frame. The doors at the right side of the Building are broken. The paint on the right side stairs is weathered. The stairs are also leaning and have green algae growth. The Building has two brick chimneys, the bricks of both chimneys are deteriorated while some bricks from the right side chimney are loose or have fallen from the chimney completely. The top door trim to 363 Lancaster Street is 1 232 hanging. There is a rusted section of metal siding approximately 2 by 1 feet in size on the front of the Building, to the left of the door for 363 Lancaster Street. There are many wires hanging from the front of the Building to the left of the door for 363 Lancaster Street as well. The vinyl siding of the Building is in good condition however, there are sections on the left side of the Building that are discolored. These conditions are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. The property's condition affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The property is considered to be abandoned. Bankruptcy documents were registered on title with Service New Brunswick on March 9, 2017. A Disclaimer by Trustee was registered on title with Service New Brunswick on December 21, 2018, to release and disclaim any or all right, title or interest in and to the property. Attempts to contact the owner by phone and by process server were unsuccessful. No other party has come forward to claim care and control of the property. Saint John Energy confirmed that the power has been disconnected since August 2016. In January 2016 water was gushing out of the Building from an unknown internal source. Attempts were made to contact the owner or a representative to address this matter, however all attempts were unsuccessful. The City was forced to turn off water services to the Building on January 5, 2016; no request has been made to date to restore the services. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. The rear of the Building is separated only by approximately 1 foot from the neighboring five unit building at 288- 290 Woodville Road. If a fire event were to occur within the Building, it could easily spread to the neighboring property, which would cause significant damage to the buildings and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. They may also need to enter the Building to fully extinguish the fire. The condition of the interior is not known to firefighters, which poses a hazard to their safety and others who may be inside in the event of a fire. The Building does not have proper exiting and fire separation. This is a hazard as it could make the navigation of the Building difficult for responders in the event of an emergency. The roof of the Building is damaged, particularly at the rear of the Building. The ceilings and floors of the Building are severely water damaged in many locations. These conditions would be hazardous for any emergency responders required to enter the Building. Dilapidated Building Conditions Subsection 6(3) of the By-law states 2 233 No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: Exterior Conditions 1. The two chimneys on the Building are dilapidated. The brick chimney on the right side of the Building is in a hazardous condition as bricks have already fallen. The remaining bricks are deteriorated and are in danger of falling as well. The bricks on the left chimney are also deteriorated and could fail at any moment. The Building is directly adjacent to the sidewalk, if a pedestrian walking on the sidewalk near the Building were struck by a falling brick it would cause serious injury. 2. There is a broken first storey window on the left side of the house. Jagged pieces of glass remain in the window frame. Should glass fall from the window it would land directly onto the sidewalk, causing further hazard for pedestrians. 3. The wooden right side stairs that provide access to the second storey entrance are weathered and deteriorating. There is green algae growth covering the stairs, which indicates the wood of the stairs remains damp for long periods of time, which can cause rot in the wood. The stairs are leaning and are not properly supported. These conditions could cause the stairs and second storey landing to fail should load be applied. 4. The roof overhang above the right side entrances of the Building is sagging. A wooden board approximately 2 x 2 inches in size has been placed on the railing of the landing of the stairs as an attempt to vertically support the overhang. The board meets the overhang approximately two feet left of center. The board itself is leaning to the right and the stairs it rests on are leaning as well. This is not an acceptable method to support the overhang. The wooden members of the overhang that are visible when standing beneath the overhang are discolored, likely due to rot and water damage. These conditions could cause the overhang to suddenly fail and is a hazard to anyone standing beneath the overhang. Interior Conditions: 5. The Building is out of plumb. This has caused ceilings, walls and floors to slope and sag. There is a gap between the wall and ceiling of a room in unit 1 of approximately three inches. Floors are visibly sloped by as much as an inch while other floors are sagging. Many ceilings and walls in the Building are cracked due to structural movement. The floor of the bathroom in unit 5 deflects significantly tinder load and is unsafe to walk on. These conditions are a hazard to anyone entering the Building as the floors or ceilings may fail. 6. The roof of the Building is deteriorated. This is evident from the extensive water damage throughout the Building. The most significant damage in the roof is on the right rear of the Building where sunlight can be seen through the holes in the roof when standing on the second storey inside the Building. The ceiling and floor below the hole are completely saturated due to exposure to rain and snow. The lath in the ceiling is sagging and moldy. There is water pooled on the floor causing mold and causing the floor to be soft under load. Most ceilings and floors of the Building show signs of water infiltration. In some rooms, large sections of drywall hang from the ceiling while in other rooms the fallen drywall or plaster remains on the floor below. Most of the debris from the ceilings now rest in wet moldy heaps on the floor. Other sections of hardwood flooring are heaved due to water infiltration. 2343 The water damage in the Building has caused extensive mold and algae growth. There is black and white mold growth on many surfaces of the Building. A room on the first storey has extensive green algae growth over the ceiling debris on the floor, walls, and around the hole in the ceiling. In another room on the first storey, there is what appears to be light brown fungi growth on the ceiling. These conditions are a respiratory hazard. It could also be hazardous to skin should someone in the Building accidentally touch any affected surfaces. 8. The dirt floor basement of the Building is very damp. Basements should be kept dry and the dirt floor should be compacted in order to provide proper support to the structural members of the Building. The dirt floor is saturated; at the time of the inspection, the weight of walking on the floor created a boot indent of approximately a half inch. The condition of the dirt floor has contributed to the sloped floors, walls and ceilings of the Building. The damp condition of the basement has also created mold growth on many surfaces. There are a number of cracks in the concrete foundation that will worsen due to the dampness of the basement, as freezing water in concrete will cause it to crack. The concrete stairs leading to the basement are deteriorated and unsafe. The rise and run of the stairs are too steep and the concrete is crumbling There is evidence of animals in the Building. There are rodent droppings in several rooms of the Building. Feces observed on the second storey of the Building would suggest that a larger animal, such as a raccoon, had been in the Building recently. While conducting the exterior inspection of the Building on May 23, 2019 neighbors reported that they had seen many raccoons entering and leaving the Building on multiple occasions. Animals such as raccoons can cause damage to buildings are may have contributed to the damaged ceilings of the Building. Animals can also be aggressive to humans and carry harmful diseases, thus threatening the health and safety of neighboring residents. It is likely that animals are gaining access to the Building through the holes in the roof. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: The Building is structurally unsound. Ceilings, walls and floors are out of plumb, sloped and sagging. There are multiple cracks in the concrete foundation of the Building. The wooden structural supports of the Building are out of plumb and are deteriorated. The dirt floor of the basement is saturated. These conditions will worsen should the Building continue to experience structural movement. 2. The roof overhang on the right side of the Building is sagging and deteriorated, rendering it structurally unsound. The overhang is being supported vertically by a wooden board that is attached to the railing of the landing of the stairs. This does not provide proper structural support. The wooden members of the overhang appear rotten and water damaged. Anyone standing beneath the overhang when it collapses would suffer personal injury. 235 4 3. The roof of the Building has been compromised. There is significant water damage throughout the Building indicating that water is infiltrating from many different areas of the roof. There are large holes in the right rear section of the roof the Building. Continued exposure to the elements could cause the roof to collapse which would be hazardous for anyone inside or near the Building. Required Remedial Actions The owner must comply with one of the two options stated below: Optiol: 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise trust be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, 236 5 Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: Catherine Lowe, ETT Technical Services Officer Growth and Community Development Services L4 I W 19 Date Rachel—V-a-n�Wart, Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy Poffenroth, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services 2376 ate This is Exhibit ', , " Referred to in the Affidavit of Schedule "A" Sworn before me at the Ctty of Saint John, New Brunswick FORM I the vz'1– day of NOTICE OF APPEAL Corn I sioner of Oaths Fi:1e No.: 4 du dossier : BETWEEN: Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier : PID # Parcel Address: Clwner(s) or Occupier(s): Name: Address: -- Telephone: _— Name: Address: Telephone: ENTRE: -et- Annexe « A » FORMULE 1 AVIS WAPPEL Appelant(s), THE CITY OF SAINT JOHN, hltimee. Nuanero d'identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Nom:Adresse: Telephone: _ Nom : Adresse Telephone: The above named appellant(s) is (are) not satisfied L'appelant ou Ies appelants susnommc(s) n'aceepte(nt with the terms and conditions set out in: pas les modalites ou les conditions qui sont enonce dans : (a) a Notice that was given under section 7 of the (a) un Avis qui a ete donne on vertu de Particle 7 d Saint John Unsightly Premises and Dangerous 1'Arrete relatif aux lieux inesthetiques et au. Buildings and Structures By -Law; or bntiments et constructions dangereux dans Th, City of Saint John; ou (o) an Order that was issued under section 25 of the (b) une oRDONNANCE qui a ete emise on vertu d Saint John Minimum Property Standards By- Particle 25 de 1'Arrete concernant les name Law; mininiales regissant les residences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comite des appels sur le .Properties Appeal Committee. residences non con/brines aux normes de Saint John. The appellant's grounds for this appeal are as follows Les motifs d'appel de Pappelant(s) dans to presen (set out the, grounds clearly but briefly): appel cont les suivants (enoncer les motifs de fagot 238 Dated at 20 Signature of owner or occupier -2 - claire et concise) : the day of Fait a The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the Common Clerk within fourteen (14) days after having been given the Notice or Order at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8"' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and maybe represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 239 F7 Signature du proprietaire ou de Foccupant L'appelant a ou les appelants ont Fintention d'utiliser 1; langue franCaise [ ] ou anglaise [ ] (Veuillez cocher It case appropriee). Veuillez.faire parvenir votre Avis D'APPEL par courrie; recommande au greffier communal dans les quatorz, (14) jours qui suivent la notification de l'Avts ou d4 l'ORDONNANCE a l'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 116tel de ville, 8° etage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 Telephone: 506-658-2862 Facsimile : 506-674-4214 Notes : 1. Un AVIS ou une ORDONNANCE dont it n'est pa; interjet6 appel dans les quatorze (14) jours qui suiven la notification de FAVIS ou 1'emission d 1'ORDONNANCE est repute confirne. 2. Lors d'un appel, le Comite des appels sur le. residences non conformes aux normes de Saint Johi doit tenir, sur le point en litige, une audience au tour; de laquelle le(s) proprietaire(s) ou l'occupant ou le; occupants qui interjette(nt) appel a (ont) le droit d'etri entendu(s) et peut (peuvent) se faire representer par ui avocat. 3. Lors d'un appel, le Comite des appels sur le. residences non conformes aux normes de Saint Johi peut confinner, modifier ou annuler 1'AVIS oI 1'ORDONNANCE ou proroger le delai pour s'y conformer 4. Le Comite des appels sur les residences not conformes aux normes de Saint John doit fournir un( topic de sa decision au(x) propri6taire(s) ou i Foccupant ou aux occupants des lieux, du batiment of de la construction qui lui a (ont) interjet6 appel dans le; quatorze (14) jours suivant la date a laquelle it a rends -3- 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. 240 sa decision. 5. Le(s) proprietaire(s) ou 1'occupant ou le occupants a qui une copie d'une decision a ete fourni par le Comite des appels sur les residences no conformer aux normes de Saint John concernant u AVIS peut (peuvent), dans les quatorze (14) jours qt suivent, interjeter appel de la decision devant un juge d la Cour du Banc de la Reine du Nouveau -Brunswick a motif que (a) la demarche a suivre en vertu de 1'arrdt n'a pas ete suivie, ou (b) la decision est deraisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT SAINT JOHN, N.B. ( PID number 44 AFFIDAVIT OF SERVICE of Saint John, N.B., Make Oath And Say As Follows: 1. I am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On � d� . � ° 2,-, , �'.� ` at approximately � � � �,. , I posted a copy of the attached Notice of Common Council Hearing, marked Exhibit "A" to the front door of the building that is located at ��: Gt _� , Saint John, N.B. ' Sworn To before me at the City of Saint John, N.B., on the day of 2019 —m.......�..n - - - - -------- - e - RACHEL A VAN WART COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 319T, 2022 241 July 25, 2019 Permitting & Inspection / Service des inspections et de 1'application By -Law Enforcement / Service d'Application des Arretes Municipaux Phone/ Tel: (506) 658-2911 Fax/ Telec: (506) 632-6199 Case Number: 16-0106 17R"13 it!- D 1 U KIM James Joseph McMahon 361 Lancaster St Saint John, NB E2M 1K1 Dear Sir: This is EAibit `�1% Refiww to in the Affidavit of dt Sworn before me at the City of Saint John, Now Bnntswick the day of mmissioner of Oaths NOTICE OF COMMON COUNCIL HEARING Re: 361-363 Lancaster St, PID # 00367904 Dangerous and Vacant Building Program On June 10, 2019, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. The Notice to Comply was posted on the said property on June 12, 2019. The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will be carried out on July 16, 2019. If the property is not in compliance with the aforesaid By-law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on August 19, 2019 at 6:00 p.m. to recommend that the building be demolished because it has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however, note that this meeting will be your only opportunity to do so. If you have any questions, don't hesitate to contact me at (506) 658-2911. Regards, Cat Brine Lowe, EIT By -Law Enforcement/Standards Officer G P.O. Box 1971 C.P. 1971 Saint John, NB Saint john, N. -B. Canada E2L 4L1 Canada E2L 41 SAINT JOHN www24!2tjohn.ca I I I I I I 0 6 0 1 1 0 CL El al 0 4--J X Q) O U Q) E t�A 4-j Q Q) E n O Q) Q) 0 U E O O U W 4 C: N O O O � O > tn 0 •� O E U U E Q Mo E C:O = M O }, .0 4-)U � O UC +-+ N O 0•�, E > � cps � +� Q O • ca O >, O w Ln " ca cn O alp � • Ln N -0 0 p L'7 O O 'U- U � U 0 0 � •> N o -0 = Q > -0-0 C:ca O ca LO a--+ O U O " - �O C: to C: • v �' O > • — +-+ to ca a--+ — O p m c: bnb U vi cn a) a-=+ ca N E ca 0 0 p O U O N O +-+ ca m c� a--+ +�+ O — C: E Ln Ln �� U�'U Lr) a.� M 1 0 V1 V 1 0 0 •� a--+ V cn fB w V ECL fB •� V w > i cn Q) v 0 0 • �0co LO EV W N fB > � E -o u u -0 bn W W L N fB W 0 •- }, E 0 C:V , N +� '-- 0 0 O W a--+ Q m _0 w M O .UO O n E O U U O U O UO Q U_ . t�A Q) C� C6 O Q �U O U C�0 UON N m O UO Q ,a � _Ij UO O 4--J (O Q) D WA m O UO Q ,a � _Ij O Q) 4--) m 4--) Q) 4--) D H 4--j Q) E Q 4--j Q) E Q O Q) Q) U E O O U W U*I) Q) Q �U r Q) 4--) m 4--) (/) Q) 4--) D H 4--j Q) E Q 4--j Q) E Q O Q) Q) 0 U E O O U W m Z5 4--j Q) E Q 4--j Q) E Q O Q) Q) U .E O O U W N C�0 Q N Q O Q) Q) 0 O O U W 0 t�A u m O N i ate--+ ' Q U c: a--+ C: N N ca E Ln Ln cu E O O U 0-0 v' O U C N 0 co 0 co C: p. 0 Q O v 0 LJ 0 O O C:'� ate-+ 0 -0N E � ateJ C E O N U O E c:N C:•� O O .— .— i +jO� p O ca � N� cn �o UO Q) 0 COUNCIL REPORT M&C No. M&C 2019 - 210 Report Date August 14, 2019 Meeting Date August 19, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Arena Booking Annual Comparison OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author I Commissioner/Dept. Head City Manager Tim O'Reilly/Jen Reed I Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends Common Council receive and file this report. EXECUTIVE SUMMARY There is a level of interest in how arena bookings for the upcoming 2019-2020 season may have been affected by recent policy changes. This report compares booking data currently available for the 2019-2020 with last season. Generally, City staff anticipate no significant changes (at least reductions) in the amount of revenue generating ice booked this coming season compared with last. PREVIOUS RESOLUTION In June and July of 2019, respectively, Common Council endorsed policy changes related to operations of City arenas such as introduction of Recreation Cards & Non -Resident User Fees, increases in rental fees, replacement of the Youth Ice Sports Subsidy with a new youth prime rate, elimination of certain rates or rate arrangements not approved by Council, changes to the Ice Allocation Policy, etc. REPORT Applications for the 2019-2020 season were due August 2, 2019 in order for various user groups to book seasonal ice according to the City's Ice Allocation Policy. City staff have since been analyzing these applications to book requests into available time slots at each of the four arenas. The target date to finalize and communicate confirmed ice times back to the applicants was August 16, 2019. Further applications are expected to be received and ice times confirmed as available in the schedule. fPXL07 -2 - During this analysis, City staff have been also gathering data on how these 2019- 2020 applications and resulting ice bookings compare to the previous season. Following are the highlights: • Thus far, 38 seasonal ice applications have been processed for the 2019- 2020 season with 86% of Prime Time ice* booked. Last season, 45 applications were received with 87% of Prime Time ice booked. Additional applications for the 2019-2020 season are still expected, also expected to increase the amount of Prime Time booked. • All major leagues that applied for ice times in 2018 also applied in 2019. • Eleven (11) tournament applications were recieved for the 2019-2020 season, up from 8 applications last season. Only 8 tournaments could be approved this season without significantly impacting seasonal renters. • As has been the case in previous years, some ice requests have been denied due to capacity being reached on some dates and times, particularly during Prime Time periods. • Five (5) schools that requested ice last season have yet to provide applications for this season. This is typical because some schools do not apply for ice until the school year starts. Assuming all five schools still intend to apply, 43 applications would be received without considering other late applications. • All high schools that booked time last season have also booked this season. One high school that has not in previous years requested ice time for games are doing so for the upcoming season. • Two (2) individual teams that play in one adult league that have requested a combined 2 hours of ice weekly in previous years have yet to submit an application. • One adult league submitted its application late and are reviewing remaining (later evening) ice times available to them. They have not confirmed either way by the time this report was finalized. • One weekly 6:30 AM ice time has been requested and accommodated that was not booked in previous years. Staff increased arena operating hours each morning for the upcoming season without an increase in labour costs to respond to ice associations' request for earlier ice availability. • Some user groups with day time weekday bookings last season that yielded little to no revenues have not requested ice again. These groups would now be required to pay advertised rates. City staff's plan to continue (as commenced last season) to "brown out" arenas during low use daytime weekday periods, combine bookings and free skates to fewer days at a given arena, and redeploy arena staff to other duties are being implemented to save labour costs and/or enhance service in other operational areas. * Analyzed Prime Time hours were consistent between the two seasons, defined as middle of October to end of February, Monday -Friday, 4PM-10 PM and Saturday -Sunday, 7 AM -10 PM, totaling 4800 hours each of the two seasons. 271 COUNCIL REPORT M&C No. 2019-209 Report Date August 14, 2019 Meeting Date August 19, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Accelerating Implementation of Renewable Energy projects in Saint John 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 Neil Jacobsen, Ian Fogan, Kevin Fudge John Collin RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to have Quality Urban Energy Systems of Tomorrow (QUEST) provide Council a presentation on the Accelerating Implementation of Renewable Energy projects in Saint John. The presentation will help to inform the Council members about the City strategies, plans and outcomes to accelerate the development and implementation of renewable energy projects within the City as well as achieve the community GHG emissions target which was approved by Council in May 6, 2019. PREVIOUS RESOLUTION In May 6, 2019, Common Council (M&C 2019-107) approved the City of Saint John Climate Change Action Plan. The plan has identified Renewable Energy Projects as one of the measures to reduce community GHG emissions. REPORT The City of Saint John is one of the five municipalities participating in this two- year project led by Quest which to be completed in December 31, 2020. The project aims to help the City of Saint John advances emissions reduction goals by establishing a collaborative planning process for renewable energy development, NO -2 - identifying renewable energy opportunities, creating tools and resources, increasing municipal capacity and knowledge and addressing implementation challenges. The project will include a community engagement component, through which the research team members will conduct surveys and focus group discussions within the community to gather information regarding sentiment around renewable energy projects. STRATEGIC ALIGNMENT The project is aligned with the City of Saint John Community GHG Action Plan to achieve 9% GHG emissions reduction by 2025. SERVICE AND FINANCIAL OUTCOMES The cost of the Accelerating Implementation of Renewable Energy project will be fully covered by Quest and FCM. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staffs from Finance and Administrative and Growth and Community Development Services as well as Saint John Energy will be involved in this project. ATTACHMENTS Power Point Presentation PAW] L. 0 - Ul 4-) (n Ln 0 CL 4- 0 Q L LLJI E E 0 u 0 v 01 N v O _0 C: > O N > -0 Q to t� V d N �O =0 — v c� +�Z3 v t�0 p Q ''' Z3 V) N O -0 b-0 U O > V) Z Q vi .0 U v v 4-1 2 v CL — > v aj -C +, Ln O Z3 uO O N – v i tLo Q U v N c� O v c N >O � Q O N 4-j Q Z3 E N 4-j f� chit +., v p N N O Q > tLo v Z3 Z3 u +1 N V) O "' _ i t� v N O w E mvi 2 - DCf N tLo a) GC Q '-u E O E N 0 Q Z3 N O •� O O = }? 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U C: N •— (3) uU Q iA4M ZMOH O U `W i , w i 0 N � ZMOH E tw 4A W Lf) � o m o � z, � rn E Q 4—j U a, U O c6 Ln m N O V) Q O • V) U +-+ Q 4—j E c6 Q) a� r-4 s O r-4 U , Q) W Q) u 4-0E V � W U L.L E . >• 4- V) +.+ `� U . — O ca • E aJ v O ^ O a •� > w '> Q � w U H - E tw 4A W L- 0 0 ro V C-: V 0 cn V E V C CL 0 ca o ca _ V +� p +� � p V � 0 > E O Ln V V ca a� ca V 0 T: H • O Ol L- 0 0 ca ca c co i• W, Po 0 ca I COUNCIL REPORT M&C No. 2019-214 Report Date August 16, 2019 Meeting Date August 19, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Government of New Brunswick Amendments: Sustaining Saint John — A Three Part Plan OPEN OR CLOSED SESSION This matter is to be discussed in open session. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Neil Jacobsen John Collin John Collin RECOMMENDATION Receive for information. EXECUTIVE SUMMARY On August 14, 2019, Committee of the Whole met with Premier Blaine Higgs and representatives from the Province of New Brunswick to discuss financial considerations in relation to the recently released Sustaining Saint John —A Three Part Plan. On 19 August, as a result of several conversations over the past month and subsequent to the August 14th meeting, the Province provided the City of Saint John with proposed amended Plan language for consideration and approval by Common Council. PREVIOUS RESOLUTIONS Committee of the Whole — June 26, 2019 City of Saint John Sustainability Report RESOLVED that the City not accept the Municipal Working Group's Sustainability report as it does not meet the majority of the objectives of the City of Saint John; and further, that a letter be sent to the Province thanking them for their efforts thus for. f►1:16-1 -2 - Common Council - July 11, 2019 Sustaininiz Saint John — A Three Part Plan RESOLVED that the matter Sustaining Saint John — A Three Part Plan be tabled for 30 days to facilitate further negotiation with the Province. BACKGROUND - MUNICIPAL SUSTAINABILITY WORKING GROUP The Municipal Sustainability Working Group, comprised of senior level representation from the Government of New Brunswick (GNB) and the City of Saint John, met regularly beginning in April 2018. The establishment of the Working Group was a key deliverable of the three year $22.8 million "New Deal" financial support package provided to the City by the former Provincial Government. The three year funding was provided as a bridging solution to address the City's growing structural deficit and preserve core citizen services while the Working Group identified permanent solutions. The overarching objectives of the Working Group were: 1. To identify annual revenue and savings to support immediate -term stability in operations by the City, and 2. To identify measures which will enable longer-term growth and sustainability. Starting with a wide-ranging list, a series of potential actions were identified and ranked by the following key criteria: • Sustainability impact • Impact on public/stakeholders • Cost to implement, and • Time to implement Original Problem Statement: The City of Saint John has a structural deficit despite having the highest tax rate of any municipality in the province and a significant industrial tax base. Revenues are currently forecasted to grow at approximately 1% per year while expenses are growing at 3%. At this rate the deficit is forecasted to be $3.5/0 in calendar year 2018, $8.9/0 in 2019 and $10.4/0 in 2020. This will continue to compound and the gap will widen, if not addressed. Original Goal Statement: By 2021, and preferably sooner, the City of Saint John will have eliminated its structural deficit and be on a path of sustainable growth such that it is in a position to significantly reduce its tax rate over time. The Sustaining Saint John —A Three -Part Plan was released by the Province and City on July 10, 2019. The plan, which has been approved by the Provincial Government and is awaiting further discussion by Saint John Common Council, includes 20 distinct sustainability action items. Some P4%I97 -3 - of the action items are specific to Saint John, while others have regional and/or province wide applications. Part Two of the plan involves the creation of a regional management task force representing all the local governments in the Greater Saint John region, as well as representatives from the local service districts. The task force is mandated to identify and agree on arrangements for shared service delivery and shared use of services within the region; and to achieve associated equitable cost-sharing. Part Three of the action plan outlines a commitment from the provincial government to reassess the city's financial status after it has reviewed the status of the 20 actions and the recommendations of the regional management task force next spring. Part One of the plan is based on the work of the Municipal Sustainability Working Group while Parts Two and Three were added by the Provincial Government. The original Sustaining Saint John: A Three -Part Plan is available online. PROPOSED GOVERNMENT OF NEW BRUNSWICK AMENDMENTS TO THE "Sustaining Saint John —A Three -Part Report" On August 14, 2019, Committee of the Whole met with Premier Blaine Higgs and representatives from the Province of New Brunswick to discuss financial considerations in relation to the recently released Sustaining Saint John —A Three Part Plan. On 19 August, as a result of several conversations over the past month and subsequent to the August 14th meeting, the Province provided the City of Saint John with proposed amended Plan language for consideration and approval by Common Council. Proposed changes to the Plan by the Province include: - More definitive wording/commitment to consider changes to binding arbitration legislation for police and firefighters - More definitive wording/commitment to enabling Saint John Energy's growth agenda - An interim report requirement for the Regional Management Task Force and recognition of the requirement for outside expertise/advice to the Task Force - Advancing the Province's re -assessment of outcomes (Part Three of the Plan) from May to March 2020 f�4%SI M ANALYSIS While the refinements to the Plan as provided by the Province still do not address the overarching goal "that by 2021, and preferably sooner, the City of Saint John will have eliminated its structural deficit and be on a path of sustainable growth such that it is in a position to significantly reduce its tax rate over time", they do provide tangible improvements. Some action items now have more definitive deliverables and certain timelines within the Plan have been accelerated. Moreover, external assistance to the Regional Management Task Force is recognised as essential. There is no doubt that the Plan does not address the short term financial gap for the budget years of 2021 and 2022. There is however, some financial relief and tremendous potential for 2023 and beyond. The staff recommendation is that: 1. Common Council endorse the report while continuing to voice its reservations over: a. Failure to solve the financial gap for the years of 2021 and 2022 b. Lengthy timelines and uncertainty for the significant reforms c. Lack of detailed implementation plans for the significant reforms 2. Common Council formally re -consider in March 2020, in Open Session, their endorsement of this Plan based on the progress made. This date would be concurrent with the Provincial commitment to re -assess in Part Three of the Plan, and also be concurrent with the City's commitment to have all implementation plans for financial restructuring approved. 3. City Staff, working through Finance Committee, continue with their efforts/plans to address the entirety of the deficit for 2021 and 2022; respecting the motion passed by Common Council on this issue on 4. Common Council request to the Province that detailed implementation plans be produced for each of the 20 Action Items. 5. That the working committee established to produce this Plan remain extant and assist in the coordination and implementation of the entire Plan. 6. City staff provide a report to Council every two months as a minimum (and more often if deemed necessary) on the progress on the 20 Action Items, and on Parts Two and Three of the Plan, through the creation of a Sustaining Saint John Report Card. Furthermore, that this report card be provided to Saint John Common Council, Members of the NO-% -5 - Legislative Assembly from the Greater Saint John Region, the Premier's Office, and all four political parties currently represented in the Provincial Legislature in order to ensure broad situational awareness. STRATEGIC ALIGNMENT The work of the Municipal Sustainability Working Group and related outcomes is aligned with Council's Priority 'Economic Health', as well as with the City's Service Principles of "Sustainability" and "Partnerships". SERVICE AND FINANCIAL OUTCOMES The City of Saint John has a structural deficit despite having the highest tax rate of any municipality in the province and one of Eastern Canada's largest and most diverse cluster of heavy industrial activities. Revenues are currently forecasted to grow at approximately 1-1.5% per year while expenses are growing at 3%. Based on the more optimistic revenue growth rate of 1.5% per year, the City's structural deficit is forecasted to average $12 million per year for the period 2021-2023. The structural deficit will continue to grow and the City's sustainability challenges amplify, if not proactively addressed. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The work of the Municipal Sustainability Working Group has been led by the City Manager's Office, with on-going support from: • Finance and Administrative Services Growth and Community Development Services Strategy, Continuous Improvement, and Performance Reporting ATTACHMENTS Attachment A: Amended Sustaining Saint John —A Three Part Plan (as proposed by the Province of New Brunswick). P4%Ic3 lig k lb • • FA L� �l � UO O ca Q) UO C) �� ca Q) Q) AWA Q) U O U U O U 4- 0 Q) E O un un un Q) Q O un O un Q) CSA CSA c/7 r O Q) 4--J M Q) ryoo UO IN UO C Q) 4--J 4--J X Q) z r Q) O 4--J (O hQ) M U M �U O L. - r) Q) UO O C O L. - r) UO .UO O N O U N lig k lb • • FA August 19, 2019 Mayor Don Darling & Councillors City of Saint John 15 Market Square PO Box 1971 Saint John, NB E21- 4L1 Mayor and Councillors: Thank you for the opportunity to meet with your entire Council along with my legislative colleagues on August 14. 1 believe the opportunity was a worthwhile exercise that allowed us to better understand some of the concerns of individual councillors, as well as give us an opportunity to explain our perspective on the Actions within the Plan. We have taken the opportunity to refine the Action Plan based on some of the feedback we heard from Councillors during our session: 1. As we discussed during the session, if Council can provide clear requests regarding the changes they recommend to binding arbitration we will': take that feedback into consideration and bring forward legislation at the earliest opportunity. We request that you pass a resolution with clear requests to ensure we understand clearly what is being proposed, 2. We commit to utilizing the valuation of Saint John Energy to determine what legislative change would be appropriate given the New Brunswick context, and to bringing that legislation forward if the due diligence deems legislative change to be appropriate. In addition, we will work with the City if requested to permit Saint John Energy to return surpluses to the City of Saint John, 3. We have already begun the process at the Regional Task Force to bring in expertise, as well as to move to a working committee model that will report back to the Task Force to ensure decision -makers get the data, information and advice they will require to put in place regional initiatives, service sharing and cost sharing. We have also added a requirement to have an interim report due Jan. 31, 2020, that will summarize the work up until that point and the opportunities being focused on going forward. This information will be important as we review Saint John's status in 2020. 4. We also commit to reviewing the progress of the Actions within the Plan, the progress of the Task Force and the City's financial status on an ongoing basis. Office of the Premier/ Cabinet du premier ministre www.gnb.c;a P.O.Box/C.P.6000 Fredericton New Brunswick/Nouveau-BrunsVick E3135H1 Canada Tel./ L: (506) 453-2144 FaxrT&k,:(506)453-7407 Emall/Couffiel:premier@gnb.calpremier,ministre@gnb.ca Mayor Don Darling & Councillors Page 2 Another concern of some on Council was the lack of detailed work plans for the Actions within the Plan; I want to assure Councillors that work is well underway and, in, many cases, complete on those workplans as it pertains to the provincial initiatives. In fact, one action has seen legislation passed, enabling local governments to pass a by-law to establish a Tourism Levy. I think with these clarifications, it is time for us all to continue the hard work that was done by the Working Committee and make the changes that are necessary to ensure Saint John, the Greater Saint John Region and the province as a whole, is put on the best platform possible for success. I said it Wednesday night and I want to reiterate, the City is not in this alone, the region needs to step up and we are stepping up as a province to work with you. I want to thank you for the opportunity to meet and discuss with some of you individually in, the past weeks and months, as well as the opportunity for myself and my colleagues to come to Council and have the open and frank discuss on August 14. The presence of so many Ministers and MLAs is just another example of our commitment to this process. I look forward to watching Monday night's deliberations and I trust we will continue to work in partnership to make these necessary improvements to the local governance system in our province. Yours sincerely, Blaine M. Higgs 10-191.1 A Thiiiree-Paiiirt Plan August 2019 0a) M�Gl�l4'�dLl7fi-s MIMA Sustaining Saint John A Three -Part Plan Published by: Government of New Brunswick P. O. Box 6000 Fredericton, New Brunswick E313 5H1 Canada Printed in New Brunswick ISBN 978-1-4605-2086-4 (print edition) ISBN 978-1-4605-2087-1 (PDF: English) ISBN 978-1-4605-2088-8 (PDF: frangaise) 12361 KOU] Introduction................................................................................................................................ 1 Background: A Sustainability Crisis............................................................................................. 1 2018 Agreement.............................................................................................................................. 3 Current Government's Perspective................................................................................................. 4 Three -Part Plan............................................................................................................................... 4 Part 1: 20 Actions Developed by the Working Committee .................................................... 5 Part 2: Regional Management Task Force.........................................................................12 Part 3: Provincial Government Commitment to Re -Assess the City's Operational Status .13 InSummary...............................................................................................................................13 19191~7 Ball] This document outlines a Three -Part Plan to support short and longer-term financial self -sustainability by the City of Saint John. This is the second version of the Plan and is a culmination of discussions that occurred between the province and City since the release of the initial plan in July 2019. It reflects extensive and collaborative work between provincial and city officials, and recognizes that many of the actions identified will require, and be strengthened by, the engagement of and partnership with regional communities, city employees, labour groups, and other community interests. Apart from the specific actions and initiatives in the plan, the city will benefit from a culture of smart, steady optimism. The Three -Part Plan reaches beyond the City of Saint John with some actions impacting all or some local governments, while other actions will have province -wide impact. .......... As Canada's oldest incorporated city, Saint John is currently facing a number of compounding factors that threaten its immediate and future sustainability. In fact, it can be argued that the city is currently in the centre of a `perfect storm', created by a series of inter -connected challenges. These challenges not only affect residents and businesses, but also have consequences for the Greater Saint John region and the province as a whole. As a key provincial economic hub, the city's capacity to maintain or grow its economic contribution is currently limited. The economic health of Saint John affects the economic health of the entire province. Saint John and its impact on the provincial economy • Provincial GDP: The city and surrounding area generates between 20 and 25% of provincial GDP. • Industrial Base: The city is home to New Brunswick's primary industrial base, including Canada's largest oil refinery which was responsible for $7.6 billion in merchandise exports or nearly 60% of New Brunswick's total exports in 2017. • Non-residential construction: Over the past 10 years nearly 28% of the province's non- residential construction, including industrial investments, has occurred in the Saint John region, with the majority of that within the city. • The Port: In addition to petroleum products, a further 30.5 million metric tonnes of cargo travelled through the Port of Saint John in 2017. The port also plays a key role in tourism, bringing nearly 210,000 cruise ship guests and crew to the city in the past year. • Employment Centre: Within the region, the city is home to most businesses with over 100 employees. • Regional Hub: Neighbouring communities depend on Saint John for employment and access to recreation, leisure, and entertainment facilities. It is estimated that more than 15,000 residents from outlying communities commute to Saint John each week day. 311 Sustaining Saint John A..I"hiree-Paint Plain 1 Saint John — A Local Profile • Population: The city population represents only 9% of the provincial total, following noticeable declines from 2012-2016. Out of the 35 Census Metropolitan Areas (CMAs) in Canada, the Saint John region was the only CMA to experience a decline in population in the 2011-16 census. • Median Income: The median household income after tax in the city is $46,705, compared to $84,377 in Quispamsis. • Poverty: According to the Canadian Council on Social Development, Saint John is in the top percentile of poverty rates within Canadian Metropolitan Areas, along with Toronto, Vancouver and Montreal. One in five people in Saint John live in poverty and the city has a child poverty rate of 30%, double the national average. • Municipal Property Tax Rate: At $1.785, the city has the highest municipal tax rate in New Brunswick as well as the highest water rates. • Percentage of income towards water and property taxes: City residents contribute an average of 8.31% of their incomes to water and taxes, compared to 3% in neighbouring Rothesay. • Boundaries: The city has one of the largest municipal boundaries in the province, covering a geographical territory that is greater than Fredericton and Moncton combined. • Industrial Base: While contributing to the provincial and local economies, the city's significant industrial presence also represents health and safety challenges, including emergency response. • Home Ownership: The ownership rate in the city stands at 55.5%, while the remainder of the region has an ownership rate of 90%. Additionally, among housing stock, nearly 10% of structures require major repairs. • Commuting Impacts: The influx of daily commuters to the city places stress on service provision, including infrastructure maintenance. • Infrastructure Deficit: The city currently has an estimated infrastructure deficit of $435 million. Approximately 72% of that pertains to water services with a nearly $120 million deficit specific to drinking water infrastructure. • Debt Load: A succession of decisions in past decades have resulted in a debt of over $230 million. This means that 11% of the annual municipal operating budget goes toward servicing the debt. (This does not include water utility debt.) • Cost of Protection Services: As with municipalities across Canada, Saint John struggles with the level of increases associated with arbitration affecting wages for fire and police protection in relation to the local government's capacity to pay. Current annual cost for police and fire wages and benefits is $43 million, or nearly a third of the city's budget. • Equalization: The city is the largest recipient in New Brunswick of equalization funding under the Community Funding and Equalization Grant, receiving nearly 1/3 of the total grant. These circumstances didn't occur overnight. Nor will they be resolved in one fell swoop. Instead, they demand a steady and steadfast application of change. 2 Sustaining Saint John A..I"hiree-Pairt flan 312 Actions taken by the city to date • Staff Reductions: The city has reduced its workforce by nearly 9% since 2008 for savings of upwards to $6 million, and by 13% since 2004. • Continuous Improvement Initiatives: A total of $2.5 million in savings have been identified in continuous improvement initiatives as part of budget planning between 2017 and 2019, including reducing city hall's footprint to four floors from six for substantial savings in rent. • Long Term Financial Plan — This plan guides budgetary and other financial decisions. It is intended to better use existing resources to achieve longer-term savings. The city has also been active in developing strategic plans aimed at increasing population and economic investment, expanding energy growth, and maximizing core development. • Goods and Services Spending: Spending has been cut in five consecutive years to achieve legislatively required balanced budgets. For example, investment in roads has migrated to the general operating fund to reduce borrowing, resulting in reduced expenditure from $5.3 million to $1.7 million between 2013-18. This means that while borrowing decreased, so did activity to support road maintenance/development. • Energy Conservation: The city is an energy conservation leader with a 27% energy reduction and $2.3 million in savings over the past 14 years. • Debt Reduction: The city is aggressively targeting debt reduction as part of its long-term financial plan, which includes a council approved debt policy with debt limits and targets. Based on the 2018 audited financial statements, the city's long-term debt has declined by $10.3 million, or 4.3% since 2017. • Asset Management: The city has adopted an asset management framework to achieve the lowest life -cycle cost while minimizing impacts on service. • Growth Initiatives: It is a strategic priority for the city to grow its tax, population, and employment base. The city's growth committee is committed to improving growth results guided by the actions in the city's road map to smart growth. The city has made past efforts to address its challenges, apart from the current sustainability initiative. Likewise, previous provincial initiatives have also been in play including partnerships in infrastructure investment. Despite efforts at provincial and local levels, the city is still challenged to address an increas- ingly chronic structural deficit, and to keep pace with critical infrastructure upkeep and renewal. Similarly, while property tax rates have been maintained for over a decade, there have been few feasible means to lower the rates or undertake other measures to enable stability and ultimately growth. In February 2018, the former provincial government established a funding agreement with the City of Saint John. The agreement provided for interim funding, aimed at alleviating the city's immediate -term financial shortfalls. The amounts committed are as follows: • $3.5 million in 2018 • $8.9 million in 2019. (Note: The city anticipates using $7.1 million of this amount in 2019.) • $10.4 million in 2020 Under the agreement the city is required to provide financial status reports to government every six months. 313 Sustaining Saint John A..I"hiree-Pairt flan 3 In December 2018, the current government agreed to meet the contractual obligation of continued interim funding, at the amounts (as required) identified in the original agreement. In confirming this commitment, the government noted three areas of focus which the city should consider as part of its sustainability efforts: 1. A consolidation of local and regional economic development/growth strategies with clear actionable steps to achieve outcomes; 2. Continued engagement of industrial and business sectors, with emphasis on determining what if any impediments exist that are prohibitive to investment in Saint John; and 3. Ongoing efforts by the city to reduce or eliminate any non-essential services as part of future budget planning. The original agreement also articulated a series of ongoing activities and potential new investments to be carried out by the former government in support of Saint John and the surrounding region. Many of these initiatives and investments had been realized at the time of the 2018 provincial election, or were reflective of the policies of the day. Others, including some capital investments, have been, or are being reviewed by the current provincial government. The original agreement called for a joint Government of New Brunswick -City of Saint John Working Committee to report on the initiatives in that agreement and to identify ideas supporting sustainability. However, the current government tasked the committee with a revised mandate of identifying concrete actions under Five Key Action Areas: I. Address the City's Structural Challenges II. Reframe Local Government Property Taxation III. Support Growth and Density IV. Pursue New Revenue Streams V. Improve Policies, Processes, and Practices A three-part plan was developed aimed at enabling the City of Saint John to become self-sustaining and move away from reliance on provincial financial assistance. PART 1: Implement 20 Actions, devised by a joint Working Committee of Government of New Brunswick and City of Saint John officials. PART 2: Establish a Regional Management Task Force to identify and agree on arrangements for shared service delivery and shared use of services within the region, and achieve equitable cost-sharing by March 31, 2020. The Task Force will be composed of Saint John region mayors and Local Service District representation. PART 3: Re -assessment by the provincial government of the city's operational status in May 2020, to determine what, if any, further response is required. 4. Sustaining Saint John A..I"hiree-Pairt flan 314 1 • - ••-• • - • • • - Working Committee The committee, comprised of representation from the Government of New Brunswick and the City of Saint John, met regularly beginning in April 2018. Its findings, arrived at by collaborative efforts between provincial and local government staff, make up Part 1 of the Three -Part Plan. This initiative was championed within the provincial government by the Executive Council Office, and involved the following GNB departments and agencies: • Energy and Resource Development • Environment and Local Government • Finance • Opportunities NB • Post -Secondary Education, Training and Labour • Regional Development Corporation • Tourism, Culture and Heritage Under the leadership of the City Manager's Office, the city has also benefited from involvement by its departments, including: • Finance and Administrative Services • Growth and Community Development Services • Strategy, Continuous Improvement, and Performance Reporting The overarching objectives of the committee were: 1. To identify annual revenue and savings to support immediate -term stability in operations by the city, and 2. To identify measures which will enable longer-term growth and sustainability. Starting with a wide-ranging list, a series of potential actions were identified and ranked by the following key criteria: • Sustainability Impact • Impact on Public/Stakeholders • Cost to Implement • Time to implement Additionally, a broad range of factors were weighed to augment the rankings. For example, timing of an action might be affected by the need for new or amended legislation or by-laws; or impacts to the public or stakeholders could influence the degree of difficulty or promise associated with any one action. Actions Some of the challenges facing Saint John are not unique to the city. In fact, local governments around the province have been asking for action on several issues, particularly around municipal property tax reform. As a result, some of the 20 actions reach beyond the city with implications for other communities, including province -wide application to all local governments in some cases. This broader reach is noted for each applicable action. Some localized actions would require rigorous shepherding by the City of Saint John. Others would necessitate stewardship by the province. In other instances, relationships would be key, including among communities in the region, and through private sector involvement. 315 Sustaining Saint John A..I"hiree-Paint Plan 5 The revenue and/or savings associated with some actions are identified as TBD — to be determined. They require further work before more specific amounts can be determined. These initiatives have been included based on their potential to support sustainability. In other instances, the extent of savings or revenue realized would depend on uptake by local governments once enabling legislation is in place. Presented on the following pages are 20 Actions categorized under five key Action Areas. Many would require some degree of appropriate engagement, including with labour and other organizations, other communities, the private sector, and citizens. Engagement and consultative activities will be determined as part of an overall implementation plan. Action Area I. Address the City's Structural Challenges 1) ) Collective Agreements Action: The city will address those aspects of the collective agreements that are not sustainable in the current fiscal climate. This includes pay escalation and/or various restrictive clauses. Rationale: Historical City of Saint John collective agreements have led to provisions which are no longer fiscally and operationally sustainable, including the requirement to retain fixed number of employees and staffing levels regardless of work demand, restrictions on out -sourcing and significant pay raises. Future collective agreements would require much greater flexibility to address long-term sustainability. Impact: Savings TBD Timing: Short/Longer-term (commensurate with expiration of collective agreements, beginning in 2019). 2) ) Special Pension Payments Action: The city will engage expertise to determine options for decreasing annual payment costs while maintaining the sum -total commitment to its pension plan. Rationale: The city's pension plan was converted to a form of the shared risk model in December 2012 when the local government and its four unions, representing police, firefighter, inside and outside workers, under the oversight of the province's pension superintendent, all signed an Memorandum of Understanding. While Saint John is committed to ensuring pension solvency, the city's current shared risk pension plan arrangements require supporting special (top -up) funding of $10.1 million annually to 2028 to meet a pension shortfall. This expenditure places a significant burden on the annual operating budget. Adjustments could potentially be made to lessen this annual burden while still meeting pension obligations over the longer-term. Engagement of representatives of pension members and the provincial superintendent of pensions would be a key aspect in finding an amenable solution. Impact: Potential reduction of budget pressures in the short term. Timing: Short-term (Within 2019) 3) ) City Boundaries Action: The Government of New Brunswick will work with the city to determine whether a reduced terri- torial boundary would yield cost -savings. Rationale: Saint John has the largest boundary among cities in New Brunswick. Population in the city core has been in decline and this combined with sparse population in outlying areas places significant stress on its capacity for service delivery. An examination would determine whether changing the city's boundaries would produce savings after factoring in a tax base loss. Impact: Savings TBD Timing: Longer-term (By 2022) Sustaining Saint John A..I"hiree-Paint Plan 316 4) ) Binding Arbitration Reform - Police and Fire Services Action: The Government of New Brunswick will invite local government and union representation to develop a proposal for binding arbitration reform. Government will determine any next steps following the work of the committee. The City has been asked to pass a resolution of Council outlining the changes they are requesting. Legislation will be brought forward based on what was heard from local governments and unions. Rationale: While police and fire services are both critical and valued, current legislation mandates `interest arbitration' resulting in unstainable wage escalation trends. For example, firefighter wages in Saint John have increased by 72% over the past 15 years and police wages by 67%, while the Consumer Price Index (CPI) has increased by 27.5% during the same period. Current protective services wages and benefits comprise nearly a third of the city's budget. By addressing the arbitration process, local governments can ensure these essential public services are sustained over the longer term. Impact: Savings would depend on the outcome of the committee's work and any future arbiter rulings Timing: Short-term (Within 2019). Potential savings as of 2020. Action Area II. Reframe Municipal Property Taxation 1) ) Tax Exemption - local government transit facilities Action: The province will introduce legislative amendments to exempt local government transit facilities from the provincial portion of property tax. Rationale: Exempting these facilities for affected local governments (Saint John, Moncton and Fredericton) will reduce operational costs and assist in promoting public transportation as a low-cost and environmentally -friendly alternative. Impact: $306,000 in savings per year for the City of Saint John Timing: Short-term (within 2019). Revenue as of 2020. 2) ) Municipal Property Tax Reform Action: The province will lead a comprehensive review of current local government property tax policy as well as any new property tax -related tools which would benefit local governments. Rationale: While there have been various tweaks in past years, and a number of focussed studies, there have been no significant changes to local government property taxation in decades. A review will deter- mine where changes to approach and application of local government property taxation could be made to benefit local governments, without compromising provincial fiscal management goals. Impact: Revenue/savings TBD Timing: Longer-term (by 2022) Action Item III. Support Growth and Density 1) ) Population Growth Action: The province, in partnership with the Atlantic Canada Opportunities Agency (ACOA), will support 317 Sustaining Saint John A..I"hiree-Paint Plan 7 the city's Population Growth Framework by accelerating a pilot project to attract 500 new residents to fill 8 Sustaining Saint John A "I"hiree-Part Plan 318 vacant employee positions Rationale: With both the population decline in the city, and a shrinking workforce, local employers are finding it increasingly difficult to fill vacant positions. The pilot would place extra focus on the successful implementation of the City of Saint John's Population Growth Framework and its targets. Attracting 500 primary economic immigrant applicants (and their accompanying families) to fill vacant positions that cannot be filled locally will help grow both the workforce and Saint John's overall population. Impact: An estimated $600,000 per year in revenue Timing: Short-term (within 2019). Revenue as of 2020 2) ) Saint John Energy Action: The city will conduct an independent business valuation of Saint John Energy's Growth Agenda. The province will then do its due diligence based on that information before bringing forward legislation that could allow Saint John to benefit financially from its utility. At the City of Saint John's request, the province will also work with the City to permit its municipal electric utility to return surpluses to the local government. Rationale: The city owns Saint John Energy, but apart from a favourable energy rate does not benefit financially from owning this asset. The Growth Agenda identifies a series of energy-related products and services which would generate income for the utility. The objective would be to flow profits from these activities to the city. This would require legislative amendments to enable dividends from any of New Brunswick's three local government energy utilities to go to the local governments which own them. Government recognizes that any decision concerning Saint John Energy rests with Common Council given the city's ownership of the utility. The Growth Agenda, which is favoured by the city, may require incremental private and public sector partnering, and funding opportunities on a case-by-case basis. A valuation of the Growth Agenda would need to include any implications for NB Power, private sector interests, as well as rate and tax payers. It would also identify regional and local economic benefits. The Government of New Brunswick would contribute to the terms of reference for the valuation. As part of this exercise, a business valuation would also assess the current value of the utility for comparative purposes. This would ensure informed decision-making by council and would also serve to inform Saint John's Long Term Financial Plan in terms of anticipated investment, revenue and any risks. Impact: $17 million (modest) - $48 million (aggressive) revenue cumulatively by 2029 (revenue flow be- gins in 2020) to Saint John. Timing: Short-term Present valuation of growth within 2019; any subsequent enabling provisions in legislation within 2020. Revenue flow immediately following any legislative amendments. Action Item IV. Pursue New Revenue Streams 1) ) Regional Facilities - Capital and operating costs Action: The Government of New Brunswick will introduce legislation to add capital costs to participating local governments and capital and operating costs to area Local Service Districts (LSDs). Rationale: The Greater Saint John Regional Facilities Commission Act allows for capital costs, but they are not currently included in the agreement among local governments. This means that capital costs fall exclusively to the City of Saint John to shoulder. Local Service District residents also have access to and enjoy use of the facilities covered under the Act, but do not contribute to operating or upkeep costs. This action would result in more equitably -distributed contributions and would generate revenue to reduce the city's expenditure. Impact: $632,000 in revenue per year to the City of Saint John 319 Sustaining Saint John A..I"hiree-Paint Plan 9 Timing: Short-term (within 2019). Revenue as of 2020 10 Sustaining Saint John A "I"hiree-Part 320 2) ) Accommodation Levy Action: The province has passed legislation to establish a mandatory levy for accommodations, enabling local governments to establish by-laws to set rates and receive and administer the proceeds for tourism purposes. Rationale: Local governments are seeking additional revenue streams to support service delivery, in- cluding tourism efforts which support local growth. The previous levy was voluntary and the way in which revenue flowed to local governments and tourism groups across the province varied. Impact: Based on current occupancy, an estimated $1.4+ million in revenue per year to the City of Saint John. (Note: The current voluntary levy yields approximately $1 million). Timing: Short-term (By 2020) 3) ) Regional Service Commissions Action: The province will undertake a review of the Regional Service Commissions (RSCs) model to find improvements in regional service delivery. Rationale: Current legislation governing the RSCs inadvertently creates some barriers to improved ser- vice sharing, including the voluntary nature of participation. The objective would be to improve service, reduce operational costs, examine the governance structure, and address participation requirements. Borrowing from what has worked well in other regions of the province and elsewhere in Canada, a review would seek to enhance the current model. Impact: Revenue / Savings TBD Timing: Longer-term (by 2022) Action Item V. Improve Policies, Processes and Practices 1) ) Operating Budget Initiatives Action: The city will reduce expenses and/or increase revenue (independent of the other actions). The full range of services to be included in this review include but are not limited to: • Administration, staff and travel costs • Wage considerations • Contracted professionals • City vehicle fleet • Funding for destination marketing, economic development, etc. • Service adjustments • Parking • Community grants; and • Potential application of user fees for recreation, waste management, etc. Rationale: The City of Saint John recognizes that it must complete a wide range of initiatives to address its sustainability challenges, including process improvements in local government service delivery and corporate administration. Impact: $3 million in revenue and/or savings per year. 321 Sustaining Saint John A..I"hiree-Paint Plan Timing: Short Term (by 2020) 2) ) Organisational Structure Change Action: The city will conduct a complete analysis of its current structure to identify any possible re -organ- ization or re -alignment that would lead to a more efficient and effective business model. A review of its agencies, boards and commissions will be part of this examination. Rationale: Without alignment, the best strategic plan will never be fully achieved because organizational alignment is essential for strategy execution and achievement of better financial and operational perform- ance results. Impact: Immediate cost savings to be determined, and a significant impact on the city's potential to im- prove its long-term sustainability. Timing: Short term. Restructuring plan will be completed by the end of 2019. 3) ) Continuous Improvement Framework Action: The city will formally adopt a continuous improvement framework. The associated policy would serve to fully embed a culture of continuous improvement in the city's administration, focused on service improvement, employee engagement, and operational efficiencies. Rationale: The city's current continuous improvement program has been paramount in its efforts to improve service delivery while at the same time reducing costs. Since the program was launched in May of 2016 with the support of the province's Performance Excellence Team, the city has achieved approximately $1.8 million in hard savings. Additional work is planned to reduce operating costs to meet the $2.5 million target in cumulative annual savings by the end of this year. Building on this success and embracing a culture within a formal framework will set the city up for success in the future. Impact: TBD. Continuous improvement would positively affect the quality of services provided and re- duce associated costs and/or generate revenue. Timing: Short term. The Continuous Improvement Framework and Policy would be approved be end of 2019. 4) ) Operational Audit Action: An independent firm will undertake a review of current operational approaches with the aim of assisting the city to identify savings and revenue opportunities and to strengthen its approach to manage- ment going forward. The auditing firm, whose findings will be provided to the city and the province by March 31, 2020, will be engaged and paid for by the provincial government. The two levels of government will collaborate to ensure that the scope of the work yields results. Impact: Revenue/savings to be determined. Timing: By March 31, 2020 5) ) Review of Economic Development Framework Action: The city will streamline local economic development activities. This will include developing one fully -integrated work plan, establishing clear mandates and well-defined performance targets. This work will also consider alternative economic development governance models. Rationale: Tax Base Growth is a top priority for the city. Over the last six years tax base growth has averaged less than 1 %. For Saint John to be sustainable, concerted, strategic and deliberate efforts need to be made to grow the tax base of the city. Impact: This, combined with the city's other growth initiatives, should achieve a reasonable annual 10 Sustaining Saint John A..I"hiree-Paint Plan 322 growth target of 2%, with an aspirational growth target of 34%. Timing: Short term. The new economic development framework, with its associated governance model will be in place by January 1, 2020. 6) ) Facilitating Growth through Collaboration Action: The city will work with industry and other private sector interests to identify new and innovative approaches that would facilitate development and support long-term sustainability of the local govern- ment. A specific focus will be accelerating growth. Rationale: The private sector, including industry, is the engine that makes the Saint John economy move. For the city to grow its population, jobs and tax base, it must play a more defined role in collaboration and facilitation with developers, contractors and building consultants. Accelerating growth is critical for the city's sustainability. Impact: This, combined with the city's other growth initiatives, should achieve a reasonable annual growth target of 2%, with an aspirational growth target of 34%. Timing: Short term. Deliberations have already started and actions will begin to be implemented in the second quarter of 2019. 7) ) Long -Term Financial Plan Action: The city will complete a City of Saint John Long Term Financial Plan, which includes a 10 -year Operating and Capital Plan. Rationale: The Long Term Financial Plan is essential in becoming a financially sustainable city that can meet the present and future economic, social and environmental needs of its citizens without comprom- ising the ability of future generations to meet their own needs. This means the city can provide afford- able, reliable and consistent levels of service over the long term; can absorb financial shocks caused by economic or natural adversities without external financial assistance (resiliency); is able to pay for its services (full costs - operating as well as capital costs) from its own sources of revenues; and does not shift tax and debt burden to future generations by deferring capital costs or borrowing excessively. Impact: Implementation of the city's Long Term Financial Plan will eliminate the structural deficit, fund sustainable service levels, and stabilize and/or reduce the tax burden to the community. Timing: Short Term. The plan, with its associated sub -plans and policies, will be completed by the fourth quarter of 2019, and include 10 -year targets. 8) ) Debt Management Plan and Wage Escalation Policy Action: The city will adopt a Debt Management Plan, with debt reduction targets and associated debt policy, and a wage escalation policy. Rationale: These actions will help address the ever-growing gap between costs and revenues (the "structural deficit") and are vital elements of the overall Long -Term Financial Plan. The Debt Management Plan establishes objectives, guidelines, targets and appropriate controls for the use and issuance of debt for the city. The Debt Management Plan will ensure: that the city obtains long-term debt only when necessary (balancing financing needs with taxpayer affordability); that debt is managed such that future financial flexibility is maintained; and that debt is strategically obtained based on sound long-term finan- cial planning and targets. The wage escalation policy will ensure that future salary increases are afford- able based on tax -based growth and other revenue streams. Impact: The city's target is to reduce the General Fund (taxpayer funded) Long Term Debt by 25% over the next 10 years. The city's target for wage escalation is to ensure that salary increases do not outpace revenues unless there is a compelling business case to do so. 323 Sustaining Saint John A..I"hiree-Paint Plan 11 Timing: Short term. Plans/policies in place by end 2019. 9) ) Asset Management Action: Phase 2 of the City's Asset Management Plan will be completed to enable prioritization of cap- ital investments and informed response to the city's infrastructure deficit. The city will also explore any opportunities to divest assets to address the infrastructure deficit and create operational efficiencies. Rationale: To make good decisions you need good data, particularly when you have limited financial resources. Asset management will: allow the city to make evidence -based decisions that limit the risk of service disruptions to taxpayers; provide a framework to prioritize capital investment based on condition and risk assessments; allow the city to rationalize its infrastructure; and reduce maintenance costs by ensuring proper reinvestment in lifecycle costs. Impact: The Finance Committee, in open session, directed staff to build a long term financial plan that sees the city's infrastructure deficit reduced by 25% over the next 10 years. This asset management work will help inform the necessary decisions to achieve this target. Timing: Short term. Phase 2 of the plan will be completed by the fourth quarter of 2019. The 20 actions in Part 1 of this plan, are expected to yield modest revenue or savings for the city be- ginning in 2020, with more substantive returns in 2023 and beyond. In the interim, the city has identified operational stresses for the years 2021 and 2022. To address this anticipated scenario, the city requested that the province support a `bridging strategy' through direct or indirect financial support. Part 2 of the plan corresponds to one of the ideas put forward for a bridging strategy — that of a regional service cost-sharing arrangement, brokered by regional leaders with support from the province. The Saint John region is a key contributor to the provincial economy. However, the communities that make up the region have had a historical tendency to operate in silos. This can mean duplicative services and costs, use of services without obligation to fund those services, and missed opportunities for eco- nomic growth Communities in the region are a collective, and are inter -dependent economically and in terms of social well-being. Apart from the commitment under Part 1 to review the Regional Service Commission (RSC) model, there are regional issues outside the RSC structure which can, and need to be addressed. The local governments involved - Grand Bay -Westfield, Saint John, Quispamsis, Rothesay, Hampton and St. Martins, as well as area Local Service Districts have as a common objective - the growth and well-being of their respective communities. This is a foundation for the work that needs to be done collaboratively. The Regional Management Task Force will be tasked with the following mandate: To identify and agree on arrangements for shared service delivery and shared use of services within the region; and to achieve associated equitable cost-sharing. By March 31, 2020, the task force will be required to submit a signed agreement, approved by the re- spective local government councils and the Minister of Environment and Local Government for the LSDs. An interim status report will be required by January 31, 2020 detailing the work to -date and the potential opportunities being explored. Timelines will be adjusted as necessary to expedite specific projects. The content and extent of the agreement will be up to regional leadership. No savings or revenue targets have,,, beenpre-established, but the exr)ectationisthattheoutcomedoesbenefitthereaion includin the „,,,,,,,,„,„ „ ,,, „ ,,, 12 Sustaining Saint John A..I"hiree-Part Plan 324 City of Saint John, while ensuring fairness among communities within the region. The task force will be guided in its work by an established Terms of Reference and by an accounting consultant, hired by the Government of New Brunswick. The province will also provide oversight and advisory support. The task force will also utilize working committees and outside expertise as appropriate to ensure decision -makers have the data and advice necessary. Beyond the requirement for an agreement, the Regional Management Task Force should be considered a forum for collaborative regional planning and priority -setting, and will be encouraged to identify other areas of common interest for future consideration. The province is confident that the combination of the 20 actions and the results produced by the Regional Management Task Force will yield sufficient savings and revenue to address the city's short and long- er-term challenges. Government has committed to re -assessing this status in 2020. Part 3: Provincial Governmentr Re -Assess thla Operational Status In March 2020, once government officials have reviewed the the status -to -date on the 20 actions and the outcomes from the Regional Management Task Force, the government has committed to re- assessing the city's financial status. In making this commitment, the government does not want to discourage the diligent efforts of regional leaders and the City of Saint John from making every gain possible to benefit the city and the region as a whole. At this time, no additional provincial funding has been identified. Instead, government will re -assess the situation and determine whether any further action is required, including any further policy, operational, or financial measures. The timing of government's decision-making in March 2020 will allow for pre -budget planning by the city in advance of the new municipal fiscal year of January 1, 2021. Work can begin immediately on many of the actions identified. Measures to track success in imple- menting the actions outlined in this plan will be established as part of an implementation plan to ensure progress and accountability. While the government is fully supportive of working to assist the city to chart a new sustainable future, it is not able to do so through untenable continued expenditures, given its own fiscal challenges and goals In turn, city leadership have publicly committed to working through the tough decisions and challenging operational considerations necessary to enable recovery and regrowth. In charting a new course forward, the opportunity exists to galvanize employees, businesses, and citizens, as well as regional neighbours to work together to support the city and the Greater Saint John region. Saint John has a proud and resilient history. With strategic direction, and the necessary commit- ment and hard work, that legacy can be realized and sustained into the future. 325 Sustaining Saint John A..I"hiree-Pairt flan 13 i New? Nouveau 19YU SAINT JOHN Sustaining Saint John A Three -Part Plan Published by: Government of New Brunswick P. O. Box 6000 Fredericton, New Brunswick E313 5H1 Canada Printed in New Brunswick ISBN 978-1-4605-2086-4 (print edition) ISBN 978-1-4605-2087-1 (PDF: English) ISBN 978-1-4605-2088-8 (PDF: frangaise) 12418 KYArA m o X,11111,111 11 1111 It Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Background: A Sustainability Crisis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2018 Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Current Government's Perspective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Three -Part Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 1: 20 Actions Developed by the Working Committee . . . . . . . . . . . . . . . . . 5 Part 2: Regional Management Task Force . . . . . . . . . . . . . . . . . . . . . . . . .12 Part 3: Provincial Government Commitment to Re -Assess the City's Operational Status .13 In Summary...........................................13 19M.13 19NO.1 This document outlines a Three -Part Plan to support short and longer-term financial self -sustainability by the City of Saint John. This is the second version of the Plan and is culmination of discussions that occurred between the province and City since the release of the initial plan in July 2019. It reflects extensive and collaborative work between provincial and city officials, and recognizes that many of the actions identified will require, and be strengthened by, the engagement of and partnership with regional communities, city employees, labour groups, and other community interests. Apart from the specific actions and initiatives in the plan, the city will benefit from a culture of smart, steady optimism. The Three -Part Plan reaches beyond the City of Saint John with some actions impacting all or some local governments, while other actions will have province -wide impact. As Canada's oldest incorporated city, Saint John is currently facing a number of compounding factors that threaten its immediate and future sustainability. In fact, it can be argued that the city is currently in the centre of a `perfect storm', created by a series of inter -connected challenges. These challenges not only affect residents and businesses, but also have consequences for the Greater Saint John region and the province as a whole. As a key provincial economic hub, the city's capacity to maintain or grow its economic contribution is currently limited. The economic health of Saint John affects the economic health of the entire province. Saint John and its impact on the provincial economy • Provincial GDP: The city and surrounding area generates between 20 and 25% of provincial GDP. • Industrial Base: The city is home to New Brunswick's primary industrial base, including Canada's largest oil refinery which was responsible for $7.6 billion in merchandise exports or nearly 60% of New Brunswick's total exports in 2017. • Non-residential construction: Over the past 10 years nearly 28% of the province's non- residential construction, including industrial investments, has occurred in the Saint John region, with the majority of that within the city. • The Port: In addition to petroleum products, a further 30.5 million metric tonnes of cargo travelled through the Port of Saint John in 2017. The port also plays a key role in tourism, bringing nearly 210,000 cruise ship guests and crew to the city in the past year. • Employment Centre: Within the region, the city is home to most businesses with over 100 employees. • Regional Hub: Neighbouring communities depend on Saint John for employment and access to recreation, leisure, and entertainment facilities. It is estimated that more than 15,000 residents from outlying communities commute to Saint John each week day. 330 Sustaining Saiint Jolhn—ATlhree-Part Plan 1 Saint John — A Local Profile • Population: The city population represents only 9% of the provincial total, following noticeable declines from 2012-2016. Out of the 35 Census Metropolitan Areas (CMAs) in Canada, the Saint John region was the only CMA to experience a decline in population in the 2011-16 census. • Median Income: The median household income after tax in the city is $46,705, compared to $84,377 in Quispamsis. • Poverty: According to the Canadian Council on Social Development, Saint John is in the top percentile of poverty rates within Canadian Metropolitan Areas, along with Toronto, Vancouver and Montreal. One in five people in Saint John live in poverty and the city has a child poverty rate of 30%, double the national average. • Municipal Property Tax Rate: At $1.785, the city has the highest municipal tax rate in New Brunswick as well as the highest water rates. • Percentage of income towards water and property taxes: City residents contribute an average of 8.31% of their incomes to water and taxes, compared to 3% in neighbouring Rothesay. • Boundaries: The city has one of the largest municipal boundaries in the province, covering a geographical territory that is greater than Fredericton and Moncton combined. • Industrial Base: While contributing to the provincial and local economies, the city's significant industrial presence also represents health and safety challenges, including emergency response. • Home Ownership: The ownership rate in the city stands at 55.5%, while the remainder of the region has an ownership rate of 90%. Additionally, among housing stock, nearly 10% of structures require major repairs. • Commuting Impacts: The influx of daily commuters to the city places stress on service provision, including infrastructure maintenance. • Infrastructure Deficit: The city currently has an estimated infrastructure deficit of $435 million. Approximately 72% of that pertains to water services with a nearly $120 million deficit specific to drinking water infrastructure. • Debt Load: A succession of decisions in past decades have resulted in a debt of over $230 million. This means that 11% of the annual municipal operating budget goes toward servicing the debt. (This does not include water utility debt.) • Cost of Protection Services: As with municipalities across Canada, Saint John struggles with the level of increases associated with arbitration affecting wages for fire and police protection in relation to the local government's capacity to pay. Current annual cost for police and fire wages and benefits is $43 million, or nearly a third of the city's budget. • Equalization: The city is the largest recipient in New Brunswick of equalization funding under the Community Funding and Equalization Grant, receiving nearly 1/3 of the total grant. These circumstances didn't occur overnight. Nor will they be resolved in one fell swoop. Instead, they demand a steady and steadfast application of change. 2 Sustaining Saiint Jolhn—ATlhree-Part Plan 331 Actions taken by the city to date • Staff Reductions: The city has reduced its workforce by nearly 9% since 2008 for savings of upwards to $6 million, and by 13% since 2004. • Continuous Improvement Initiatives: A total of $2.5 million in savings have been identified in continuous improvement initiatives as part of budget planning between 2017 and 2019, including reducing city hall's footprint to four floors from six for substantial savings in rent. • Long Term Financial Plan — This plan guides budgetary and other financial decisions. It is intended to better use existing resources to achieve longer-term savings. The city has also been active in developing strategic plans aimed at increasing population and economic investment, expanding energy growth, and maximizing core development. • Goods and Services Spending: Spending has been cut in five consecutive years to achieve legislatively required balanced budgets. For example, investment in roads has migrated to the general operating fund to reduce borrowing, resulting in reduced expenditure from $5.3 million to $1.7 million between 2013-18. This means that while borrowing decreased, so did activity to support road maintenance/development. • Energy Conservation: The city is an energy conservation leader with a 27% energy reduction and $2.3 million in savings over the past 14 years. • Debt Reduction: The city is aggressively targeting debt reduction as part of its long-term financial plan, which includes a council approved debt policy with debt limits and targets. Based on the 2018 audited financial statements, the city's long-term debt has declined by $10.3 million, or 4.3% since 2017. • Asset Management: The city has adopted an asset management framework to achieve the lowest life -cycle cost while minimizing impacts on service. • Growth Initiatives: It is a strategic priority for the city to grow its tax, population, and employment base. The city's growth committee is committed to improving growth results guided by the actions in the city's road map to smart growth. The city has made past efforts to address its challenges, apart from the current sustainability initiative. Likewise, previous provincial initiatives have also been in play including partnerships in infrastructure investment. Despite efforts at provincial and local levels, the city is still challenged to address an increas- ingly chronic structural deficit, and to keep pace with critical infrastructure upkeep and renewal. Similarly, while property tax rates have been maintained for over a decade, there have been few feasible means to lower the rates or undertake other measures to enable stability and ultimately growth. In February 2018, the former provincial government established a funding agreement with the City of Saint John. The agreement provided for interim funding, aimed at alleviating the city's immediate -term financial shortfalls. The amounts committed are as follows: • $3.5 million in 2018 • $8.9 million in 2019. (Note: The city anticipates using $7.1 million of this amount in 2019.) • $10.4 million in 2020 Under the agreement the city is required to provide financial status reports to government every six months. 332 Sustaining Saiint Jolhn—ATlhree-Part Plan In December 2018, the current government agreed to meet the contractual obligation of continued interim funding, at the amounts (as required) identified in the original agreement. In confirming this commitment, the government noted three areas of focus which the city should consider as part of its sustainability efforts: 1. A consolidation of local and regional economic development/growth strategies with clear actionable steps to achieve outcomes; 2. Continued engagement of industrial and business sectors, with emphasis on determining what if any impediments exist that are prohibitive to investment in Saint John; and 3. Ongoing efforts by the city to reduce or eliminate any non-essential services as part of future budget planning. The original agreement also articulated a series of ongoing activities and potential new investments to be carried out by the former government in support of Saint John and the surrounding region. Many of these initiatives and investments had been realized at the time of the 2018 provincial election, or were reflective of the policies of the day. Others, including some capital investments, have been, or are being reviewed by the current provincial government. The original agreement called for a joint Government of New Brunswick -City of Saint John Working Committee to report on the initiatives in that agreement and to identify ideas supporting sustainability. However, the current government tasked the committee with a revised mandate of identifying concrete actions under Five Key Action Areas: I. Address the City's Structural Challenges II. Reframe Local Government Property Taxation III. Support Growth and Density IV. Pursue New Revenue Streams V. Improve Policies, Processes, and Practices Uff=lft OWN A three-part plan was developed aimed at enabling the City of Saint John to become self-sustaining and move away from reliance on provincial financial assistance. PART 1: Implement 20 Actions, devised by a joint Working Committee of Government of New Brunswick and City of Saint John officials. PART 2: Establish a Regional Management Task Force to identify and agree on arrangements for shared service delivery and shared use of services within the region, and achieve equitable cost-sharing by March 31, 2020. The Task Force will be composed of Saint John region mayors and Local Service District representation. PART 3: Re -assessment by the provincial government of the city's operational status in May 2020, to determine what, if any, further response is required. 4 Sustaining Saiint Jolhn—ATlhree-Part Plan 333 Part 1: 20 Actions Developed by the Working Committee Working Committee The committee, comprised of representation from the Government of New Brunswick and the City of Saint John, met regularly beginning in April 2018. Its findings, arrived at by collaborative efforts between provincial and local government staff, make up Part 1 of the Three -Part Plan. This initiative was championed within the provincial government by the Executive Council Office, and involved the following GNB departments and agencies: • Energy and Resource Development • Environment and Local Government • Finance • Opportunities NB • Post -Secondary Education, Training and Labour • Regional Development Corporation • Tourism, Culture and Heritage Under the leadership of the City Manager's Office, the city has also benefited from involvement by its departments, including: • Finance and Administrative Services • Growth and Community Development Services • Strategy, Continuous Improvement, and Performance Reporting The overarching objectives of the committee were: 1. To identify annual revenue and savings to support immediate -term stability in operations by the city, and 2. To identify measures which will enable longer-term growth and sustainability. Starting with a wide-ranging list, a series of potential actions were identified and ranked by the following key criteria: • Sustainability Impact • Impact on Public/Stakeholders • Cost to Implement • Time to implement Additionally, a broad range of factors were weighed to augment the rankings. For example, timing of an action might be affected by the need for new or amended legislation or by-laws; or impacts to the public or stakeholders could influence the degree of difficulty or promise associated with any one action. Actions Some of the challenges facing Saint John are not unique to the city. In fact, local governments around the province have been asking for action on several issues, particularly around municipal property tax reform. As a result, some of the 20 actions reach beyond the city with implications for other communities, including province -wide application to all local governments in some cases. This broader reach is noted for each applicable action. Some localized actions would require rigorous shepherding by the City of Saint John. Others would necessitate stewardship by the province. In other instances, relationships would be key, including among communities in the region, and through private sector involvement. 334 Sustaining Saiint Jolhn—ATlhree-Part Plain 5 The revenue and/or savings associated with some actions are identified as TBD — to be determined. They require further work before more specific amounts can be determined. These initiatives have been included based on their potential to support sustainability. In other instances, the extent of savings or revenue realized would depend on uptake by local governments once enabling legislation is in place. Presented on the following pages are 20 Actions categorized under five key Action Areas. Many would require some degree of appropriate engagement, including with labour and other organizations, other communities, the private sector, and citizens. Engagement and consultative activities will be determined as part of an overall implementation plan. Action Area I. Address the City's Structural Challenges 1) Collective Agreements Action: The city will address those aspects of the collective agreements that are not sustainable in the current fiscal climate. This includes pay escalation and/or various restrictive clauses. Rationale: Historical City of Saint John collective agreements have led to provisions which are no longer fiscally and operationally sustainable, including the requirement to retain fixed number of employees and staffing levels regardless of work demand, restrictions on out -sourcing and significant pay raises. Future collective agreements would require much greater flexibility to address long-term sustainability. Impact: Savings TBD Timing: Short/Longer-term (commensurate with expiration of collective agreements, beginning in 2019). 2) Special Pension Payments Action: The city will engage expertise to determine options for decreasing annual payment costs while maintaining the sum -total commitment to its pension plan. Rationale: The city's pension plan was converted to a form of the shared risk model in December 2012 when the local government and its four unions, representing police, firefighter, inside and outside workers, under the oversight of the province's pension superintendent, all signed an Memorandum of Understanding. While Saint John is committed to ensuring pension solvency, the city's current shared risk pension plan arrangements require supporting special (top -up) funding of $10.1 million annually to 2028 to meet a pension shortfall. This expenditure places a significant burden on the annual operating budget. Adjustments could potentially be made to lessen this annual burden while still meeting pension obligations over the longer-term. Engagement of representatives of pension members and the provincial superintendent of pensions would be a key aspect in finding an amenable solution. Impact: Potential reduction of budget pressures in the short term Timing: Short-term (Within 2019) 3) City Boundaries Action: The Government of New Brunswick will work with the city to determine whether a reduced terri- torial boundary would yield cost -savings. Rationale: Saint John has the largest boundary among cities in New Brunswick. Population in the city core has been in decline and this combined with sparse population in outlying areas places significant stress on its capacity for service delivery. An examination would determine whether changing the city's boundaries would produce savings after factoring in a tax base loss. Impact: Savings TBD Timing: Longer-term (By 2022) Sustaining Saiint Jolhn—ATlhree-Part Plan 335 4) Binding Arbitration Reform - Police and Fire Services Action: The Government of New Brunswick will invite local government and union representation to develop a proposal for binding arbitration reform. Government will determine any next steps following the work of the committee. The City has been asked to pass a resolution of Council outlining the changes they are requesting. Legislation will be brought forward based on what was heard from local governments and unions. Rationale: While police and fire services are both critical and valued, current legislation mandates `interest arbitration' resulting in unstainable wage escalation trends. For example, firefighter wages in Saint John have increased by 72% over the past 15 years and police wages by 67%, while the Consumer Price Index (CPI) has increased by 27.5% during the same period. Current protective services wages and benefits comprise nearly a third of the city's budget. By addressing the arbitration process, local governments can ensure these essential public services are sustained over the longer term. Impact: Savings would depend on the outcome of the committee's work and any future arbiter rulings Timing: Short-term (Within 2019). Potential savings as of 2020. Action Area II. Reframe Municipal Property Taxation 1) Tax Exemption - local government transit facilities Action: The province will introduce legislative amendments to exempt local government transit facilities from the provincial portion of property tax. Rationale: Exempting these facilities for affected local governments (Saint John, Moncton and Fredericton) will reduce operational costs and assist in promoting public transportation as a low-cost and environmentally -friendly alternative. Impact: $306,000 in savings per year for the City of Saint John Timing: Short-term (within 2019). Revenue as of 2020. 2) Municipal Property Tax Reform Action: The province will lead a comprehensive review of current local government property tax policy as well as any new property tax -related tools which would benefit local governments. Rationale: While there have been various tweaks in past years, and a number of focussed studies, there have been no significant changes to local government property taxation in decades. A review will deter- mine where changes to approach and application of local government property taxation could be made to benefit local governments, without compromising provincial fiscal management goals. Impact: Revenue/savings TBD Timing: Longer-term (by 2022) 336 Sustaining Saiint Jolhn—ATlhree-Part Plain 'r Action Item III. Support Growth and Density 1) Population Growth Action: The province, in partnership with the Atlantic Canada Opportunities Agency (ACOA), will support the city's Population Growth Framework by accelerating a pilot project to attract 500 new residents to fill vacant employee positions. Rationale: With both the population decline in the city, and a shrinking workforce, local employers are finding it increasingly difficult to fill vacant positions. The pilot would place extra focus on the successful implementation of the City of Saint John's Population Growth Framework and its targets. Attracting 500 primary economic immigrant applicants (and their accompanying families) to fill vacant positions that cannot be filled locally will help grow both the workforce and Saint John's overall population. Impact: An estimated $600,000 per year in revenue Timing: Short-term (within 2019). Revenue as of 2020 2) Saint John Energy Action: The city will conduct an independent business valuation of Saint John Energy's Growth Agenda. The province will then do its due diligence based on that information before bringing forward legislation that could allow Saint John to benefit financially from its utility. At the City of Saint John's request, the province will also work with the city to permit its municipal electric utility to return surpluses to the local government. Rationale: The city owns Saint John Energy, but apart from a favourable energy rate does not benefit financially from owning this asset. The Growth Agenda identifies a series of energy-related products and services which would generate income for the utility. The objective would be to flow profits from these activities to the city. This would require legislative amendments to enable dividends from any of New Brunswick's three local government energy utilities to go to the local governments which own them. Government recognizes that any decision concerning Saint John Energy rests with Common Council given the city's ownership of the utility. The Growth Agenda, which is favoured by the city, may require incremental private and public sector partnering, and funding opportunities on a case-by-case basis. A valuation of the Growth Agenda would need to include any implications for NB Power, private sector interests, as well as rate and tax payers. It would also identify regional and local economic benefits. The Government of New Brunswick would contribute to the terms of reference for the valuation. As part of this exercise, a business valuation would also assess the current value of the utility for comparative purposes. This would ensure informed decision-making by council and would also serve to inform Saint John's Long Term Financial Plan in terms of anticipated investment, revenue and any risks. Impact: $17 million (modest) - $48 million (aggressive) revenue cumulatively by 2029 (revenue flow be- gins in 2020) to Saint John. Timing: Short-term Present valuation of growth within 2019; any subsequent enabling provisions in legislation within 2020. Revenue flow immediately following any legislative amendments. Action Item IV. Pursue New Revenue Streams 1) Regional Facilities - Capital and operating costs Action: The Government of New Brunswick will introduce legislation to add capital costs to participating local governments and capital and operating costs to area Local Service Districts (LSDs). Rationale: The Greater Saint John Regional Facilities Commission Act allows for capital costs, but they are not currently included in the agreement among local governments. This means that capital costs fall exclusively to the City of Saint John to shoulder. Local Service District residents also have access to and 8 Sustaining Saiint Jolhn—ATlhree-Part Plain 337 enjoy use of the facilities covered under the Act, but do not contribute to operating or upkeep costs. This action would result in more equitably -distributed contributions and would generate revenue to reduce the city's expenditure. Impact: $632,000 in revenue per year to the City of Saint John Timing: Short-term (within 2019). Revenue as of 2020 2) Accommodation Levy Action: The province has passed legislation to establish a mandatory levy for accommodations, enabling local governments to establish by-laws to set rates and receive and administer the proceeds for tourism purposes. Rationale: Local governments are seeking additional revenue streams to support service delivery, in- cluding tourism efforts which support local growth. The previous levy was voluntary and the way in which revenue flowed to local governments and tourism groups across the province varied. Impact: Based on current occupancy, an estimated $1.4+ million in revenue per year to the City of Saint John. (Note: The current voluntary levy yields approximately $1 million). Timing: Short-term (By 2020) 3) Regional Service Commissions Action: The province will undertake a review of the Regional Service Commissions (RSCs) model to find improvements in regional service delivery. Rationale: Current legislation governing the RSCs inadvertently creates some barriers to improved ser- vice sharing, including the voluntary nature of participation. The objective would be to improve service, reduce operational costs, examine the governance structure, and address participation requirements. Borrowing from what has worked well in other regions of the province and elsewhere in Canada, a review would seek to enhance the current model. Impact: Revenue / Savings TBD Timing: Longer-term (by 2022) Action Item V. Improve Policies, Processes and Practices 1) Operating Budget Initiatives Action: The city will reduce expenses and/or increase revenue (independent of the other actions). The full range of services to be included in this review include but are not limited to: • Administration, staff and travel costs • Wage considerations • Contracted professionals • City vehicle fleet • Funding for destination marketing, economic development, etc. • Service adjustments • Parking 338 Sustaining Saiint Jolhn—ATlhree-Part Plan • Community grants; and • Potential application of user fees for recreation, waste management, etc. Rationale: The City of Saint John recognizes that it must complete a wide range of initiatives to address its sustainability challenges, including process improvements in local government service delivery and corporate administration. Impact: $3 million in revenue and/or savings per year. Timing: Short Term (by 2020) 2) Organisational Structure Change Action: The city will conduct a complete analysis of its current structure to identify any possible re -organ- ization or re -alignment that would lead to a more efficient and effective business model. A review of its agencies, boards and commissions will be part of this examination. Rationale: Without alignment, the best strategic plan will never be fully achieved because organizational alignment is essential for strategy execution and achievement of better financial and operational perform- ance results. Impact: Immediate cost savings to be determined, and a significant impact on the city's potential to im- prove its long-term sustainability. Timing: Short term. Restructuring plan will be completed by the end of 2019 3) Continuous Improvement Framework Action: The city will formally adopt a continuous improvement framework. The associated policy would serve to fully embed a culture of continuous improvement in the city's administration, focused on service improvement, employee engagement, and operational efficiencies. Rationale: The city's current continuous improvement program has been paramount in its efforts to improve service delivery while at the same time reducing costs. Since the program was launched in May of 2016 with the support of the province's Performance Excellence Team, the city has achieved approximately $1.8 million in hard savings. Additional work is planned to reduce operating costs to meet the $2.5 million target in cumulative annual savings by the end of this year. Building on this success and embracing a culture within a formal framework will set the city up for success in the future. Impact: TBD. Continuous improvement would positively affect the quality of services provided and re- duce associated costs and/or generate revenue. Timing: Short term. The Continuous Improvement Framework and Policy would be approved be end of 2019. 4) Operational Audit Action: An independent firm will undertake a review of current operational approaches with the aim of assisting the city to identify savings and revenue opportunities and to strengthen its approach to manage- ment going forward. The auditing firm, whose findings will be provided to the city and the province by March 31, 2020, will be engaged and paid for by the provincial government. The two levels of government will collaborate to ensure that the scope of the work yields results. Impact: Revenue/savings to be determined. Timing: By March 31, 2020 10 Sustaining Saiint Jolhn—ATlhree-Part Plan 339 5) Review of Economic Development Framework Action: The city will streamline local economic development activities. This will include developing one fully -integrated work plan, establishing clear mandates and well-defined performance targets. This work will also consider alternative economic development governance models. Rationale: Tax Base Growth is a top priority for the city. Over the last six years tax base growth has averaged less than 1%. For Saint John to be sustainable, concerted, strategic and deliberate efforts need to be made to grow the tax base of the city. Impact: This, combined with the city's other growth initiatives, should achieve a reasonable annual growth target of 2%, with an aspirational growth target of 3-4%. Timing: Short term. The new economic development framework, with its associated governance model will be in place by January 1, 2020. 6) Facilitating Growth through Collaboration Action: The city will work with industry and other private sector interests to identify new and innovative approaches that would facilitate development and support long-term sustainability of the local govern- ment. A specific focus will be accelerating growth. Rationale: The private sector, including industry, is the engine that makes the Saint John economy move For the city to grow its population, jobs and tax base, it must play a more defined role in collaboration and facilitation with developers, contractors and building consultants. Accelerating growth is critical for the city's sustainability. Impact: This, combined with the city's other growth initiatives, should achieve a reasonable annual growth target of 2%, with an aspirational growth target of 3-4%. Timing: Short term. Deliberations have already started and actions will begin to be implemented in the second quarter of 2019. 7) Long -Term Financial Plan Action: The city will complete a City of Saint John Long Term Financial Plan, which includes a 10 -year Operating and Capital Plan. Rationale: The Long Term Financial Plan is essential in becoming a financially sustainable city that can meet the present and future economic, social and environmental needs of its citizens without comprom- ising the ability of future generations to meet their own needs. This means the city can provide afford- able, reliable and consistent levels of service over the long term; can absorb financial shocks caused by economic or natural adversities without external financial assistance (resiliency); is able to pay for its services (full costs - operating as well as capital costs) from its own sources of revenues; and does not shift tax and debt burden to future generations by deferring capital costs or borrowing excessively. Impact: Implementation of the city's Long Term Financial Plan will eliminate the structural deficit, fund sustainable service levels, and stabilize and/or reduce the tax burden to the community. Timing: Short Term. The plan, with its associated sub -plans and policies, will be completed by the fourth quarter of 2019, and include 10 -year targets. 8) Debt Management Plan and Wage Escalation Policy Action: The city will adopt a Debt Management Plan, with debt reduction targets and associated debt policy, and a wage escalation policy. Rationale: These actions will help address the ever-growing gap between costs and revenues (the "structural deficit") and are vital elements of the overall Long -Term Financial Plan. The Debt Management 340 Sustaining Saiint Jolhn—ATlhree-Part Plain 11 Plan establishes objectives, guidelines, targets and appropriate controls for the use and issuance of debt for the city. The Debt Management Plan will ensure: that the city obtains long-term debt only when necessary (balancing financing needs with taxpayer affordability); that debt is managed such that future financial flexibility is maintained; and that debt is strategically obtained based on sound long-term finan- cial planning and targets. The wage escalation policy will ensure that future salary increases are afford- able based on tax -based growth and other revenue streams. Impact: The city's target is to reduce the General Fund (taxpayer funded) Long Term Debt by 25% over the next 10 years. The city's target for wage escalation is to ensure that salary increases do not outpace revenues unless there is a compelling business case to do so. Timing: Short term. Plans/policies in place by end 2019. 9) Asset Management Action: Phase 2 of the City's Asset Management Plan will be completed to enable prioritization of cap- ital investments and informed response to the city's infrastructure deficit. The city will also explore any opportunities to divest assets to address the infrastructure deficit and create operational efficiencies. Rationale: To make good decisions you need good data, particularly when you have limited financial resources. Asset management will: allow the city to make evidence -based decisions that limit the risk of service disruptions to taxpayers; provide a framework to prioritize capital investment based on condition and risk assessments; allow the city to rationalize its infrastructure; and reduce maintenance costs by ensuring proper reinvestment in lifecycle costs. Impact: The Finance Committee, in open session, directed staff to build a long term financial plan that sees the city's infrastructure deficit reduced by 25% over the next 10 years. This asset management work will help inform the necessary decisions to achieve this target. Timing: Short term. Phase 2 of the plan will be completed by the fourth quarter of 2019. The 20 actions in Part 1 of this plan, are expected to yield modest revenue or savings for the city be- ginning in 2020, with more substantive returns in 2023 and beyond. In the interim, the city has identified operational stresses for the years 2021 and 2022. To address this anticipated scenario, the city requested that the province support a `bridging strategy' through direct or indirect financial support. Part 2 of the plan corresponds to one of the ideas put forward for a bridging strategy — that of a regional service cost-sharing arrangement, brokered by regional leaders with support from the province. The Saint John region is a key contributor to the provincial economy. However, the communities that make up the region have had a historical tendency to operate in silos. This can mean duplicative services and costs, use of services without obligation to fund those services, and missed opportunities for eco- nomic growth Communities in the region are a collective, and are inter -dependent economically and in terms of social well-being. Apart from the commitment under Part 1 to review the Regional Service Commission (RSC) model, there are regional issues outside the RSC structure which can, and need to be addressed. The local governments involved - Grand Bay -Westfield, Saint John, Quispamsis, Rothesay, Hampton and St. Martins, as well as area Local Service Districts have as a common objective - the growth and well-being of their respective communities. This is a foundation for the work that needs to be done collaboratively. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 12 Sustaining Saiint Jolhn—ATlhree-Part Plan 341 The Regional Management Task Force will be tasked with the following mandate To identify and agree on arrangements for shared service delivery and shared use of services within the region; and to achieve associated equitable cost-sharing. By March 31, 2020, the task force will be required to submit a signed agreement, approved by the re- spective local government councils and the Minister of Environment and Local Government for the LSDs. An interim status report will be required by January 31, 2019 detailing the work to -date and the potential opportunities being explored. Timelines will be adjusted as necessary to expedite specific projects. The content and extent of the agreement will be up to regional leadership. No savings or revenue targets have been pre -established, but the expectation is that the outcome does benefit the region including the City of Saint John, while ensuring fairness among communities within the region. The task force will be guided in its work by an established Terms of Reference and by an accounting consultant, hired by the Government of New Brunswick. The province will also provide oversight and advisory support. The task force will also utilize working committees and outside expertise as appropriate to ensure decision -makers have the data and advice necessary. Beyond the requirement for an agreement, the Regional Management Task Force should be considered a forum for collaborative regional planning and priority -setting, and will be encouraged to identify other areas of common interest for future consideration. The province is confident that the combination of the 20 actions and the results produced by the Regional Management Task Force will yield sufficient savings and revenue to address the city's short and long- er-term challenges. Government has committed to re -assessing this status in 2020. Part Provincial Government Commitment to Re -Assess the Operational Status In March 2020, once government officials have reviewed the the status -to -date on the 20 actions and the outcomes from the Regional Management Task Force, the government has committed to re -assessing the city's financial status. In making this commitment, the government does not want to discourage the diligent efforts of regional leaders and the City of Saint John from making every gain possible to benefit the city and the region as a whole. At this time, no additional provincial funding has been identified. Instead, government will re -assess the situation and determine whether any further action is required, including any further policy, operational, or financial measures. The timing of government's decision-making in March 2020 will allow for pre -budget planning by the city in advance of the new municipal fiscal year of January 1, 2021. fib"Zp=� Work can begin immediately on many of the actions identified. Measures to track success in imple- menting the actions outlined in this plan will be established as part of an implementation plan to ensure progress and accountability. While the government is fully supportive of working to assist the city to chart a new sustainable future, it is not able to do so through untenable continued expenditures, given its own fiscal challenges and goals. In turn, city leadership have publicly committed to working through the tough decisions and challenging operational considerations necessary to enable recovery and regrowth. 342 Sustaining Saiint Jolhn—ATlhree-Part Plan 13 In charting a new course forward, the opportunity exists to galvanize employees, businesses, and citizens, as well as regional neighbours to work together to support the city and the Greater Saint John region. Saint John has a proud and resilient history. With strategic direction, and the necessary commit- ment and hard work, that legacy can be realized and sustained into the future. 14 Sustaining Saiint Jolhn—AThree-Part Plan 343 mm mw BNewer gNouveau run Itt, I El I SAINT JOHN Soutenir Saint John Un plan en trois parties Publie par: Province du Nouveau -Brunswick Case postale 6000 Fredericton (N. -B.) E36 51-11 Imprime au Nouveau -Brunswick ISBN 978-1-4605-2086-4 (edition imprimee) ISBN 978-1-4605-2087-1 (PDF: English) ISBN 978-1-4605-2088-8 (PDF: fran4aise) 12418 KMIle Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Contexte : Une crise de viabilite . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Perspective du gouvernement actuel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Plan en trois parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Partie 1 : 20 mesures elaborees par Ie comite de travail . . . . . . . . . . . . . . . . . . 5 Partie 2 : Groupe de travail sur la gestion regionale . . . . . . . . . . . . . . . . . . . .13 Partie 3 : Engagement du gouvernement provincial a reevaluer la situation operationnelle de la ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 En resume............................................15 icM1[.1 EctVA Le present document expose un plan en trois parties pour appuyer I'autonomie financiere a court et a long terme de la Ville de Saint John. Le present document est la deuxieme version du plan et est l'abou- tissement de discussions qui ont eu lieu entre la province et la Ville depuis que Ie plan initial a ete rendu public en juillet 2019. 11 reflete Ie travail et la collaboration de nature poussee entre les representants du gouvernement provin- cial et de la Ville. 11 reconnaft aussi que bon hombre des mesures indiquees demanderont 1'engagement des collectivites regionales, des employes de la Ville, des groupes syndicaux ainsi que d'autres inter6ts communautaires et que ces mesures seront renforcees par un partenariat avec ces groupes. A part les mesures et les initiatives precises dans Ie plan, la Ville beneficiera d'une culture d'optimisme constant et ingenieux. Le plan en trois parties va au -dela de la ville de Saint John, permettant de prendre des mesures pour la totalite ou une partie des gouvernements locaux, alors que d'autres mesures auront des incidences provinciales. r IF, W, IT W, I1�'/_[+� La plus ancienne ville constituee en municipalite au Canada, Saint John fait face actuellement a un certain hombre de facteurs aggravants qui menacent sa viabilite immediate et future. En fait, on pourrait soutenir que la Ville se trouve actuellement au milieu d'une « temp6te parfaite », creee par une serie de defis interdependants. Ces defis ont non seulement un effet sur les residents et les entreprises, mais ont des consequences pour la grande region de Saint John et 1'ensemble de la province. En taut que principal centre econo- mique provincial, la Ville a des capacites limitees actuellement de maintenir ou de grossir sa contribution economique. Et la sante economique de Saint John a un effet sur la sante economique de toute la province. Saint John et son impact sur 1'economie provinciale • PIB provincial : La ville et les environs generent entre 20 et 25 % du PIB provincial. • Assise industrielle : La ville abrite I'assise industrielle principale du Nouveau -Brunswick, y compris la plus grande raffinerie du Canada qui etait responsable d'exportations de marchandises d'une valeur de 7,6 milliards de dollars ou de presque 60 % des exportations totales du Nouveau - Brunswick en 2017. • Construction non residentielle : Au tours des 10 dernieres annees, pres de 28 % de la construction non residentielle de la province, y compris les investissements industriels, s'est deroulee dans la region de Saint John, dont la majorite dans la ville. • Le port : En plus des produits petroliers, 30,5 millions de tonnes metriques de fret sont passees par le port de Saint John en 2017. Le port joue aussi un role important en tourisme, attirant pres de 210 000 passagers et membres d'equipage de navires de croisiere a la ville au tours de la derniere annee. • Centre de 1'emploi : A 1'interieur de la region, la ville compte le plus d'entreprises avec plus de 100 employes. • Centre regional : Les collectivites avoisinantes dependent de Saint John pour 1'emploi et pour l'acces aux installations de loisirs et de divertissement (on estime que plus de 15 000 residents des collectivites environnantes font la navette a Saint John chaque jour de la semaine). 348 Souteniir Saint John — Un plan en troiis parties 1 Saint John — Un profil local • Population : La population de la ville represente seulement 9 % de 1'ensemble de la population provinciale, a la suite de baisses notables de 2012a 2016. Des 35 regions metropolitaines de recensement au pays, la region de Saint John a ete la seule a connaitre une baisse de sa population dans le recensement de 2011 a 2016. • Revenu median : Le revenu median des menages apres impot dans la ville est de 46 705 $ comparativement a 84 377 $ a Quispamsis. • Pauvrete : Selon le Conseil canadien de developpement social, Saint John se classe dans le centile superieur des taux de pauvrete dans les regions metropolitaines canadiennes, avec Toronto, Vancouver et Montreal. Une personne sur cinq a Saint John vit dans la pauvrete, et la ville a un taux de pauvrete de 30 % chez les enfants, le double de la moyenne nationale. • Taux d'imposition foncier municipal: A 1,785 $, la ville a le taux d'imposition municipal le plus eleve du Nouveau -Brunswick ainsi que les taux les plus eleves pour les services d'eau. • Pourcentage du revenu consacre aux services d'eau et a I'impot foncier: Les residents de la ville contribuent en moyenne pour 8,31 % de leur revenu aux services d'eau eta l'impot foncier, comparativement a 3 % dans la ville voisine de Rothesay. • Limites : La ville a Pune des plus grandes limites municipales de la province, couvrant un territoire geographique plus grand que les villes combinees de Fredericton et Moncton. • Assise industrielle : Tout en contribuant a 1'economie a 1'echelle provinciale et locale, la forte presence industrielle dans la ville comporte aussi son lot de defis, y compris au niveau de la sante et de la securite. La Ville et ses residents sont responsables d'offrir des infrastructures et des services municipaux essentiels a ces industries, y compris des services d'intervention d'urgence 24 heures sur 24, sept jours sur sept. • Accession a la propriete : Le taux d'accession a la propriete dans la ville s'etablit a 55,5 %, alors qu'il est de 90 % dans le reste de la region. De plus, dans son part de logements, pres de 10 % des structures ont besoin de reparations importantes. • Uincidence des gens qui font la navette : L'afflux de gens qui font la navette chaque jour jusqu'a la ville ajoute une pression au niveau de la prestation des services, y compris 1'entretien des infrastructures. • Deficit du cote de ('infrastructure: La Ville a actuellement un deficit estime a 435 millions de dollars du cote de ('infrastructure. Environ 72 % de ce deficit se rattache aux services d'eau; it existe un deficit de pres de 120 millions de dollars du cote de ('infrastructure pour I'eau potable. • Endettement : Une succession de decisions au tours des dernieres decennies a produit une dette de plus de 230 millions de dollars. Cela veut dont dire que 11 % du budget de fonctionnement annuel de la municipalite est consacre au service de la dette. (Cela ne comprend pas la dette des services publics d'eau.) • Cout des services de protection : Comme les municipalites au Canada, Saint John a de la difficulte avec le niveau des augmentations associees a ('arbitrage qui touche les salaires relatifs a la protection par les services d'incendie et de police par rapport a la capacite de payer du gouvernement local. Le tout annuel actuel ayant trait aux salaires et aux avantages sociaux des services de pompier et de police s'etablit a 43 millions de dollars ou a pres du tiers du budget de la Ville. • Perequation : La Ville est la plus grande beneficiaire de financement de perequation au Nouveau - Brunswick dans le cadre de la subvention de financement et de perequation communautaires, recevant pres du tiers de la subvention totale. Ces circonstances ne sont pas arrivees du jour au lendemain. Elles ne seront pas reglees non plus en un tournemain. Elles demandent plutot une application constante et ferme de changements. 2 Souteniir Saint John — Un plan en troiis parties 349 Mesures prises par la Ville jusqu'a present • Reductions de personnel : La Ville a reduit son effectif de pres de 9 % depuis 2008, realisant ainsi des economies de plus de six millions de dollars, et de 13 % depuis 2004. • Initiatives d'amelioration continue : Des economies totales de 2,5 millions de dollars ont ete trouvees grace a des initiatives d'amelioration continue dans le cadre de la planification budgetaire entre 2017 et 2019, y compris la reduction de la taille de ('hotel de ville, qui est passe de six a quatre etages, permettant de realiser des economies importantes au niveau du toyer. • Plan financier a long terme : Ce plan guide les decisions budgetaires et autres decisions financieres. II vise a faire une meilleure utilisation des ressources existantes pour realiser des economies a plus long terme. La Ville s'est aussi employee a etablir des plans strategiques dans le but d'accroitre la population et le developpement economique, d'elargir la croissance du secteur de 1'energie et de maximiser le developpement de base. • Depenses Iiees aux biens et aux services : Les depenses ont ete reduites au tours de cinq annees consecutives pour atteindre des budgets equilibres comme 1'exige la loi. Par exemple, l'investissement dans les routes a ete deplace au fonds de fonctionnement general pour reduire les emprunts, ce qui a permis de reduire les depenses en les faisant passer de 5,3 millions de dollars a 1,7 million de dollars entre 2013 et 2018. Par consequent, les emprunts ont diminue, tout comme l'activite pour appuyer 1'entretien et la construction de routes. • Conservation de 1'energie : La Ville est un chef de file dans la conservation d'energie, ayant enregistre une reduction d'energie de 27 % et des economies connexes de 2,3 millions de dollars au tours des 14 dernieres annees. • Reduction de la dette : La Ville s'attaque activement a la reduction de la dette dans le cadre de son plan financier a long terme. Ce plan financier comprend une politique approuvee par le conseil municipal qui contient des limites et des cibles relatives a la dette. Selon les etats financiers verifies de 2018, la dette a long terme de la Ville a diminue de 10,3 millions de dollars ou de 4,3 % depuis 2017. • Gestion des actifs : La Ville a adopte un cadre de gestion des actifs pour obtenir le tout du cycle de vie le plus bas tout en minimisant les incidences sur le service. • Initiatives de croissance : La Ville a comme priorite strategique de faire croitre son assiette fiscale, sa population et le nombre d'emplois. Le comite sur la croissance de la Ville est determine a ameliorer les resultats en matiere de croissance en se basant sur les mesures contenues dans la Feuille de route pour une croissance intelligente, elaboree par la Ville. La Ville a deploye des efforts par le passe pour relever ses defis, a part ('initiative actuelle de viabilite. De meme, les initiatives provinciales precedentes ont aussi ete en jeu, y compris des partenariats dans les investissements dans ('infrastructure. Malgre les efforts a 1'echelle provinciale et locale, la Ville a toujours de la difficulte a reduire Ie deficit structure) de plus en plus chronique ou a suivre Ie rythme de 1'entretien et du renouvellement de l'infrastructure essentielle. De meme, alors que les taux d'impot fon- cier ont ete maintenus pendant plus de 10 ans, it y a eu peu de moyens qui ont permis d'abaisser les taux ou de prendre d'autres mesures pour favoriser la stabilite et en fin de compte la croissance. 350 Souteniir Saint John — Un plan en troiis parties En fevrier 2018, I'ancien gouvernement provincial a conclu une entente de financement avec la Ville. L'entente prevoyait un financement provisoire dans Ie but d'alleger, dans l'immediat, les masques a ga- gner financiers de la Ville. Voici les montants engages : • 3,5 millions de dollars en 2018 • 8,9 millions de dollars en 2019 (Note : la Ville prevoit utiliser 7,1 millions de dollars de cette somme en 2019) • 10,4 millions de dollars en 2020 Dans le cadre de 1'entente, la Ville doit presenter des rapports sur sa situation financiere tous les six mois au gouvernement. Perspective du gouvernernent actuel En decembre 2018, le gouvernement actuel a accepte de respecter ('obligation contractuelle, soit le maintien du financement provisoire, aux montants (selon les besoins) indiques dans 1'entente originate. En confirmant cet engagement, le gouvernement a note trois domaines d'action que la Ville devrait consi- derer dans ses efforts de viabilite : 1. Une consolidation des strategies de croissance et de developpement economique locales et regio- nales qui comprennent des etapes claires et realisables pour atteindre les resultats. 2. La participation continue des secteurs industriel et commercial afin de determiner s'il existe des obs- tacles qui empechent des investissements a Saint John. 3. Les efforts en cours par la Ville pour reduire ou eliminer les services non essentiels dans le cadre de la future planification budgetaire. L'entente originale presentait aussi une serie d'activites continues et de nouveaux investissements po- tentiels que devait realiser I'ancien gouvernement pour aider Saint John et la region environnante. Bon hombre de ces initiatives et investissements avaient ete realises au moment de 1'e1ection provinciale de 2018 ou refletaient les politiques d'alors. D'autres, y compris des investissements de capitaux, ont ete ou sont examines par le gouvernement provincial actuel. L'entente originale prevoyait 1'etablissement d'un comite de travail mixte du gouvernement du Nouveau - Brunswick et de la Ville de Saint John pour presenter des rapports sur les initiatives enoncees dans 1'en- tente en question et pour trouver des idees favorables a la viabilite. Cependant, le gouvernement actuel a confie un mandat revise au comite : trouver des mesures concretes dans cinq principaux domaines d'action : I. S'attaquer aux defis structuraux de la Ville II. Repenser ('imposition fonciere des gouvernements locaux III. Appuyer la croissance et la densite IV. Etudier de nouvelles sources de recettes V. Ameliorer les politiques, les processus et les pratiques 4 Souteniir Saint John — Un plan en troiis parties 351 Plan en trois p Un plan en trois parties a ete elabore en vue de permettre a la Ville de Saint John de devenir autosuffi- sante et de moins avoir recours a de I'aide financiere provinciale. PARTIE 1 : Mettre en oeuvre 20 mesures conques par un comite de travail mixte compose de representants du gouvernement du Nouveau -Brunswick et de la Ville de Saint John. PARTIE 2: Etablir un groupe de travail sur la gestion regionale afin de determiner et d'accep- ter des arrangements pour la prestation de services partages et ('utilisation par- tagee de services au sein de la region, et d'obtenir un partage equitable des couts d'ici le 31 mars 2020. Le groupe de travail sera compose des maires de la region de Saint John et des representants des districts de services locaux. PARTIE 3: S'engager a une reevaluation, par le gouvernement provincial, de la situation opera- tionnelle de la Ville en mai 2020, pour determiner si une intervention plus poussee est requise. Partie 1 : 20 mesures61abor6es par le co ite de travail Comite de travail Forme de representants du gouvernement du Nouveau -Brunswick et de la Ville, le comite s'est reuni regulierement a compter d'avril 2018. Ses constatations, le fruit des efforts de collaboration entre le personnel du gouvernement provincial et du gouvernent local, constituent la premiere partie du plan en trois parties. Au sein du gouvernement provincial, cette initiative a ete menee par le Bureau du Conseil executif et comportait la participation des ministeres et des organismes gouvernementaux suivants • Developpement de 1'energie et des ressources; • Environnement et Gouvernements locaux; • Finances; • Opportunites NB; • Education postsecondaire, Formation et Travail; • Societe de developpement regional; et • Tourisme, Patrimoine et Culture. Sous la direction de son directeur general, la Ville a aussi beneficie de la participation de ses services, y compris : • la direction des finances et des services administratifs; • Ie Service de la croissance et du developpement communautaire; et • la Division strategie, amelioration continue et rapports de rendement. Les principaux objectifs du comite etaient : 1. De trouver des recettes et des economies annuelles pour soutenir dans Fimmediat la stabilite des activites de la Ville. 2. De determiner des mesures qui favoriseront la croissance et la viabilite a long terme. 352 Souteniir Saint John — Un plan en troiis parties 5 A partir d'une liste tres variee, une serie de mesures potentielles a ete etablie, lesquelles ont ete clas- sees selon les principaux criteres qui suivent : • l'impact sur la viabilite; • l'impact sur le public et les intervenants; • le cont de mise en ceuvre; et • le delai de mise en ceuvre. De plus, une grande diversite de facteurs ont ete ponderes pour augmenter les classements. Par exemple, 1'echeancier d'une mesure pourrait etre touche par le besoin d'adopter ou de modifier des me - sures Iegislatives ou des arretes; ou l'impact sur Ie public ou les intervenants pourrait influer sur Ie degre de difficulte ou sur une promesse associee a toute mesure quelconque. Mesures Certains des defis auxquels elle fait face ne sont pas particuliers a la ville de Saint John. En fait, les gou- vernements locaux de 1'ensemble de la province ont demande que des mesures soient prises a 1'egard de plusieurs enjeux, notamment autour de la reforme de l'imp6t foncier municipal. Donc, certaines des 20 mesures vont au -dela de la ville et ont des incidences sur d'autres collectivites, y compris ('application a tous les gouvernements locaux a 1'echelle de la province, dans certains cas. Cette vaste portee est pre- cisee pour chaque mesure applicable. Certaines mesures localisees demanderaient une surveillance rigoureuse de la part de la Ville de Saint John. D'autres necessiteraient une gestion de la part du gouvernement provincial. Dans d'autres cas, les relations seraient determinantes, y compris parmi les collectivites dans la region et par la partici- pation du secteur prive. Les recettes ou les economies associees a certaines mesures sont designees par la mention A determi- ner. II faudra y travailler davantage avant de pouvoir determiner des montants precis. Ces initiatives ont ete incluses selon leur potentiel d'appuyer la viabilite. Dans d'autres cas, 1'etendue des economies ou des recettes realisees dependrait de ('adhesion des gouvernements locaux apres la mise en ceuvre de la loi habilitante. Dans les pages suivantes sont presentees 20 mesures classees selon les cinq principaux domaines d'action. Un grand hombre d'entre elles necessiteraient un certain niveau d'engagement, y compris avec les organismes syndicaux et d'autres organismes, d'autres collectivites, le secteur prive et les citoyens. Les activites d'engagement et de consultation seront determinees dans le cadre d'un plan de mise en ceuvre global. Domaine d'action I. S'attaquer aux defis structuraux de la ville 1) Conventions collectives Mesure : La Ville s'occupera des aspects des conventions collectives qui ne sont pas viables dans le climat financier actuel. Cela comprend les augmentations salariales ou diverses clauses restrictives. Justification : Les conventions collectives historiques de la Ville de Saint John ont menti a des dispo- sitions qui ne sont plus viables sur le plan financier et operationnel, y compris 1'exigence de conserver un hombre fixe d'employes et de niveaux de dotation sans egard a la charge de travail, aux restrictions sur l'impartition et aux augmentations salariales elevees. Les futures conventions collectives devraient comporter biers plus de flexibilite pour assurer la viabilite a long terme. Impact: Economies a determiner Echeancier : A court eta plus long terme (correspondant a 1'expiration des conventions collectives, a compter de 2019) Souteniir Saint John — Un plan en troiis parties 353 2) Paiements speciaux au regime de pension Mesure : La Ville retiendra les services d'experts pour determiner les options afin de reduire les couts des paiement annuels, tout en conservant son engagement a 1'egard du montant total a son regime de pension. Justification : Le regime de pension de la Ville de Saint John a ete converti en un modele a risques partages en decembre 2012 Iorsque Ie gouvernement local et ses quatre syndicats, representant les policiers, les pompiers, les employes qui travaillent a l'interieur et a 1'exterieur, ont tous signe un protocole d'entente sous la supervision de la surintendante des pensions de la province. Saint John est determinee a assurer la solvabilite du regime de pension. Cependant Ie regime de pension a risques partages actuel exige un financement special de soutien (supplementaire) de 10,1 millions de dollars par annee jusqu'en 2028 pour combler un masque a gagner du cote du regime. Cette depense pese Iourdement sur Ie budget de fonctionnement annuel. Des rajustements pourraient etre faits pour alleger ce fardeau annuel tout en satisfaisant aux obligations du regime a long terme. La mobilisation des representants des parti- cipants au regime et de la surintendante des pensions de la province serait un aspect important dans la recherche d'une solution responsable. Impact: Reduction potentielle des pressions budgetaires a court terme Echeancier : A court terme (au cours de 2019) 3) Limites municipales Mesure : Le gouvernement du Nouveau -Brunswick travaillera avec la Ville pour determiner si une reduc- tion des limites du territoire permettrait de realiser des economies. Justification : Saint John a les plus grandes limites parmi les villes du Nouveau -Brunswick. La popu- lation au centre-ville est a la baisse, phenomene qui, une fois combine a la population clairsemee dans les environs, impose un stress eleve sur la capacite de prestation des services de la Ville. Un examen permettrait de determiner si un changement des limites de la ville produirait des economies apres avoir tenu compte de la perte au niveau de I'assiette fiscale. Impact: Economies a determiner Echeancier : A plus long terme (d'ici 2022) 4) Reforme de I'arbitrage executoire — Services de police et d'incendie Mesure : Le gouvernement du Nouveau -Brunswick invitera le gouvernement local et les representants syndicaux a elaborer une proposition de reforme de I'arbitrage executoire. Le gouvernement determinera les prochaines etapes, le cas echeant, apres le travail du comite. La Ville a ete invitee a adopter une re- solution du conseil qui precise les changements qu'ils demandent. Un projet de loi sera ensuite propose, fonde sur les commentaires des gouvernements locaux et des syndicats. Justification : Les services de police et d'incendie sont tous les deux essentiels et valorises. Cependant, la loi actuelle prescrit I'arbitrage de differends, ce qui cree des tendances du cote des augmentations salariales qui sont non viables. Par exemple, les salaires des pompiers a Saint John ont augmente de 72 % au cours des 15 dernieres annees et ceux de la police de 67 %, alors que l'Indice des prix a la consommation s'est accru de 27,5 % durant la meme periode. Les salaires et les avantages sociaux actuels des services de protection constituent pres du tiers du budget de la Ville. En voyant au processus d'arbitrage, les gouvernements locaux pourront s'assurer de soutenir ces ser- vices publics essentiels a long terme. 354 Souteniir Saint John — Un plain en troiis parties 'r Impact : Les Economies d6pendraient de ('issue du travail du comit6 et de toute autre sentence arbitrale Echeancier : A court terme (au cours de 2019); Economies potentielles en date de 2020. Domaine d'action II. Repenser ('imposition fonciere municipale 1) Exoneration fiscale — installations de transport en commun des gouvernements locaux Mesure : Le gouvernement provincial pr6sentera des modifications I6gislatives pour exon6rer les instal- lations municipales de transport en commun de la partie provinciale de I'impot foncier. Justification : L'exon6ration de ces installations dans les gouvernements locaux concern6s (Saint John, Moncton et Fredericton) r6duira les couts op6rationnels et aidera a promouvoir le transport en commun comme solution de rechange 6cologique et peu couteuse. Impact: Des Economies de 306 000 $ par ann6e pour la Ville de Saint John Echeancier : A court terme (au cours de 2019); recettes en date de 2020 2) Reforme de I'impot foncier municipal Mesure : Le gouvernement provincial dirigera un examen exhaustif de la politique actuelle d'imposition fonciere des gouvernements locaux ainsi que de tout nouvel outil lib a I'impot foncier qui pourrait profiter aux gouvernements locaux. Justification : II y a eu divers ajustements au cours des dernieres ann6es et certaines Etudes cibl6es. Cependant, it n'y a eu aucun changement important de ('imposition fonciere des gouvernements locaux depuis des d6cennies. Un examen d6terminera ou les changements a I'approche et I'application de ('imposition fonciere des gouvernements locaux pourraient etre apport6s pour Ie b6n6fice des gouverne- ments locaux, sans compromettre les objectifs de gestion financiere de la province. Impact: Recettes et Economies a d6terminer Echeancier : A plus long terme (d'ici 2022) Domaine d'action III. Appuyer la croissance et la densite 1) Croissance d6mographique Mesure : Le gouvernement provincial, en partenariat avec I'Agence de promotion 6conomique du Canada atlantique, appuiera le cadre de croissance d6mographique de la Ville en accelerant un projet pilote visant a attirer 500 nouveaux r6sidents pour pourvoir des postes vacants. Justification : En raison du d6clin d6mographique dans la ville et de la reduction de la main -d'oeuvre, les employeurs locaux ont de plus en plus de difficult6 a pourvoir aux postes vacants. Le projet pilote accorderait une plus grande importance au succes de la mise en oeuvre du cadre de croissance d6mographique de la Ville de Saint John et de ses cibles. Attirer 500 demandeurs principaux dans la cat6gorie des immigrants 6conomiques (et les membres de leur famille qui les accompagnent) afin de pourvoir les postes vacants qui ne peuvent etre pourvus par des travailleurs d'ici aidera a d6velopper la main -d'oeuvre et a accroitre la population g6n6rale de Saint John. Impact: Des recettes estim6es a 600 000 $ par ann6e Echeancier : A court terme (au cours de 2019); recettes en date de 2020 Souteniir Saint John — Un plan en troiis parties 355 2) Saint John Energy Mesure : La Ville menera une evaluation independante du programme de croissance de Saint John Energy. Le gouvernement provincial fera preuve de diligence raisonnable, en fonction de ces rensei- gnements, avant de proposer un projet de loi qui pourrait permettre a la Ville de Saint John de tirer un avantage financier des services publics. De plus, le gouvernement collaborera avec les representants de la Ville, a la demande de cette derniere, pour faire en sorte que le service d'electricite municipal puisse retourner ses surplus d'electricite au gouvernement local. Justification : La Ville possede Saint John Energy, mais, a part un taux energetique favorable, elle ne tire aucun avantage financier de la propriete d'un tel actif. Le programme de croissance comprend une serie de produits et de services ayant trait a 1'energie qui produirait un revenu pour le service public. L'objectif serait d'acheminer les benefices de ces activites a la Ville. Cela demanderait des modifications Iegislatives pour permettre aux dividendes des trois services publics d'energie des gouvernements Io- caux du Nouveau -Brunswick d'aller aux gouvernements Iocaux qui en sont les proprietaires. Le gouvernement reconnait que toute decision concernant Saint John Energy revient au conseil munici- pal vu que la Ville est proprietaire du service public. Le programme de croissance, qui est favorise par la Ville, pourrait necessiter la formation de partenariats supplementaires avec les secteurs prive et public, ainsi que des possibilites de financement au cas par cas. Une evaluation du programme de croissance devrait inclure toute incidence sur Energie NB, les interets du secteur prive, ainsi que sur les tarifs et les contribuables. Elle ciblerait aussi les retombees econo- miques a 1'echelle regionale et locale. Le gouvernement provincial contribuerait au cadre de reference de 1'evaluation. Dans Ie cadre de 1'exercice, une evaluation d'entreprise serait realisee afin d'etablir la valeur actuelle du service public a des fins comparatives. Elle permettrait au conseil de prendre des decisions eclairees et serait utile Tors de 1'e1aboration du plan financier a long terme de Saint John, particulierement au niveau des investissements, des recettes ainsi que des risques prevus. Impact: Des recettes cumulatives de 17 millions de dollars (modeste) a 48 millions de dollars (auda- cieux) d'ici 2029 (le flux de recettes commence en 2020) pour Saint John Echeancier : A court terme. Evaluation actuelle de la croissance durant 2019; dispositions d'habilitation subsequentes dans la Ioi d'ici 2020. Le flux de recettes commence immediatement apres toute modifica- tion legislative. Domaine d'action IV. Etudier de nouvelles sources de recettes 1) Installations regionales - Couts d'immobilisations et de fonctionnement Mesure : Le gouvernement du Nouveau -Brunswick deposera un projet de Ioi pour ajouter les couts d'im- mobilisations aux gouvernements Iocaux participants ainsi que les couts d'immobilisations et de fonction- nement aux districts de services Iocaux de la region. Justification : La Loi de la Commission des installations regionales du Grand Saint John permet les couts d'immobilisations, mais ils ne sont pas compris, actuellement, dans 1'entente entre les gouverne- ments Iocaux. Donc les couts d'immobilisations doivent etre assumes exclusivement par la Ville de Saint John. Les residents des districts de services Iocaux ont aussi acces aux installations visees par la Ioi et beneficient de leur utilisation, mais ne contribuent pas aux couts de fonctionnement ni d'entretien. Cette mesure se traduirait par une distribution plus equitable des contributions et produirait des recettes pour reduire les depenses de la Ville. Impact: Des recettes de 632 000 $ par annee pour la Ville de Saint John 356 Souteniir Saint John — Un plain en troiis parties Echeancier : A court terme (au cours de 2019); recettes en date de 2020 2) Taxe sur I'hebergement Mesure : Le gouvernement provincial a adopte un projet de loi afin d'etablir une taxe obligatoire sur I'he- bergement, permettant aux gouvernements Iocaux d'etablir des arretes afin de fixer les taux ainsi que de recevoir et d'administrer les benefices a des fins touristiques. Justification : Les gouvernements Iocaux cherchent d'autres sources de recettes pour appuyer la prestation des services, y compris les efforts touristiques qui favorisent la croissance locale. La taxe precedente etait volontaire, et I'acheminement des recettes aux gouvernements Iocaux et aux groupes touristiques variait dans 1'ensemble de la province. Impact: D'apres ('occupation actuelle, des recettes estimees a plus de 1,4 million de dollars par annee pour la Ville de Saint John (Remarque : La taxe volontaire actuelle produit environ 1 million de dollars.) Echeancier : A court terme (d'ici 2020) 3) Commissions de services regionaux Mesure : Le gouvernement provincial entreprendra un examen du modele des Commissions de services regionaux (CSR) afin de trouver des ameliorations a la prestation des services regionaux. Justification : Les dispositions legislatives actuelles qui regissent les CSR creent par inadvertance des obstacles a une amelioration du partage de services, y compris la nature volontaire de la participation. L'objectif serait d'ameliorer le service, de reduire les couts operationnels, d'examiner la structure de gouvernance et de voir aux criteres de participation. Empruntant ce qui a biers fonctionne dans les autres regions de la province et ailleurs au Canada, un examen chercherait a ameliorer le modele actuel. Impact: Recettes et economies a determiner Echeancier : A plus long terme (d'ici 2022) Domaine d'action V. Ameliorer les politiques, les processus et les pratiques 1) Initiatives ayant trait au budget de fonctionnement Mesure : La Ville diminuera ses depenses ou augmentera ses recettes (independamment des autres mesures). La gamme complete de services qui sera visee par cet examen comprendra entre autres • I'administration, le personnel et les frais de deplacement; • les considerations salariales; • les professionnels contractuels; • Ie pare de vehicules de la Ville; • Ie financement pour Ie marketing de destination, Ie developpement economique, etc.; • les rajustements aux services; • Ie stationnement; • les subventions communautaires; et • ('application potentielle de frais d'utilisation pour les Ioisirs, la gestion des dechets, etc. Justification : La Ville de Saint John reconnait qu'elle doit realiser une grande variete d'initiatives pour 10 Souteniir Saint John — (Jin plain en troiis parties 357 relever ses defis du cote de la viabilite, notamment en apportant des ameliorations aux processus lies a la prestation des services et I'administration generale du gouvernement local. Impact: Des recettes ou des economies de trois millions de dollars par annee Echeancier : A court terme (d'ici 2020) 2) Changement a la structure organ isationnelle Mesure : La Ville menera une analyse complete de sa structure actuelle pour cerner toute reorganisation ou tout remaniement possible qui menerait a un modele de gestion plus efficient et plus efficace. Ses organismes, conseils et commissions seront compris dans 1'examen. Justification : Sans harmonisation, Ie meilleur plan strategique ne sera jamais pleinement realise parce que I'harmonisation organisationnelle est essentielle a 1'execution de la strategie et a l'obtention de meil- Ieurs resultats en matiere de rendement financier et operationnel. Impact: Des economies de couts immediates a determiner et un impact important sur le potentiel de la Ville d'ameliorer sa viabilite a long terme. Echeancier : A court terme; le plan de restructuration sera realise d'ici la fin de 2019. 3) Cadre d'amelioration continue Mesure : La Ville adoptera off iciellement un cadre d'amelioration continue. La politique connexe servirait a integrer pleinement une culture d'amelioration continue dans I'administration de la Ville, axee sur l'ame- lioration des services, 1'engagement des employes et les gains d'efficience operationnels. Justification : Le programme actuel d'amelioration continue de la Ville a joue un role determinant dans ses efforts visant a ameliorer la prestation de services tout en reduisant les couts. Depuis que le programme a ete lance en mai 2016 avec le soutien de 1'equipe d'excellence du rendement du gouver- nement provincial, la Ville a realise des economies directes d'environ 1,8 million de dollars. Des efforts supplementaires sont prevus pour reduire les couts de fonctionnement de maniere a atteindre la cible de 2,5 millions de dollars fixee pour les economies annuelles cumulatives d'ici la fin de ('annee. Miser sur un tel succes et adopter une culture grace a un cadre officiel mettront la Ville sur la voie de la reussite a l'avenir. Impact : A determiner; I'amelioration continue aurait un effet positif sur la qualite des services offerts et reduirait les couts convexes ou genererait des recettes. Echeancier : A court terme; le cadre et la politique d'amelioration continue seraient approuves d'ici la fin de 2019. 4) Verification operationnelle Mesure : Une firme independante entreprendra un examen des approches operationnelles actuelles dans le but d'aider la Ville a trouver des economies et des possibilites de recettes et a renforcer son approche concernant la gestion a l'avenir. La firme de verification, qui fournira ses conclusions a la Ville et au gouvernement provincial d'ici le 31 mars 2020, sera retenue et payee par le gouvernement provin- cial. Les deux ordres de gouvernement collaboreront afin de veiller a ce que la portee des travaux puisse donner des resultats. Impact: Recettes et economies a determiner Echeancier : D'ici le 31 mars 2020 5) Examen du cadre de developpement economique Mesure : La Ville rationalisera les activites de developpement economique local. II s'agira notamment 358 Souteniir Saint John — Un plan en troiis parties 11 d'elaborer un plan de travail entierement integre, des mandats clairs et des cibles de rendement biers definies. Ce travail prendra aussi en consideration d'autres modeles de gouvernance de developpement economique. Justification : La croissance de I'assiette fiscale est une grande priorite de la Ville. Au cours des six dernieres annees, la croissance de I'assiette fiscale s'est etablie en moyenne a moins de 1 %. Pour que Saint John soit viable, des efforts concertos, strategiques et deliberes sont necessaires pour accroitre son assiette fiscale. Impact: De tels efforts combines aux autres initiatives de croissance economique de la Ville devraient permettre d'atteindre une cible de croissance raisonnable de 2 % par annee, l'objectif etant d'atteindre eventuellement une cible de 3 a 4 %. Echeancier : A court terme; le nouveau cadre de developpement economique accompagne de son mo- dele de gouvernance sera en place d'ici le ler janvier 2020. 6) Faciliter la croissance par la collaboration Mesure : La Ville travaillera avec l'industrie et les autres interets du secteur prive afin de cibler des approches nouvelles et innovatrices qui faciliteraient le developpement et la viabilite a long terme du gou- vernement local. Une attention particuliere sera portee a I'acceleration de la croissance. Justification : Le secteur prive, y compris l'industrie, est le moteur de 1'economie de Saint John. Pour accroitre la population, les emplois et I'assiette fiscale, la Ville doit jouer un role plus defini au niveau de la collaboration et de la facilitation avec les promoteurs, les entrepreneurs et les conseillers en construc- tion. Une acceleration de la croissance est essentielle a la viabilite de la Ville. Impact: De tels efforts combines aux autres initiatives de croissance economique de la Ville devraient permettre d'atteindre une cible de croissance raisonnable de 2 % par annee, l'objectif etant d'atteindre eventuellement une cible de 3 a 4 %. Echeancier : A court terme. Les deliberations ont deja commence, et les mesures commenceront a etre mises en ceuvre au cours du deuxieme trimestre de 2019. 7) Plan financier a long terme Mesure : La Ville realisera un plan financier a long terme pour Saint John, qui comprend un plan de fonc- tionnement et d'immobilisations de 10 ans. Justification : Le plan financier a long terme est essentiel pour que la Ville devienne viable sur le plan financier et pour qu'elle puisse repondre aux besoins actuels et futurs de ses citoyens sur le plan eco- nomique, social et environnemental, et ce, sans compromettre la capacite des futures generations de repondre a leurs propres besoins. Cela signifie que la Ville peut offrir des niveaux de service abordables, fiables et coherents a long terme; peut absorber les chocs financiers causes par les revers economiques ou naturels sans aide financiere de 1'exterieur (resilience); est capable de payer ses services (couts integraux — couts de fonctionnement et d'immobilisations) a partir de ses propres sources de recettes; et ne fait pas passer le fardeau de ('imposition et de la dette a la future generation en reportant les couts d'immobilisations ou en empruntant de maniere excessive. Impact: La mise en ceuvre du plan financier a long terme de la Ville eliminera le deficit structurel, finan- cera des niveaux de service viables et stabilisera ou reduira le fardeau fiscal de la collectivite. Echeancier : A court terme; le plan, accompagne de ses sous -plans et politiques, sera realise d'ici le quatrieme trimestre de 2019 et comprendra des cibles de 10 ans. 8) Plan de gestion de la dette et politique d'accroissement des salaires Mesure : La Ville adoptera un plan de gestion de la dette avec des cibles de reduction de la dette et une 12 Souteniir Saint John — Un plan en troiis parties 359 politique de la dette connexe, ainsi qu'une politique sur l'accroissement des salaires. Justification : Ces mesures permettront de combler 1'6cart toujours croissant entre les couts et les re- cettes (le « d6ficit structure) ))) et sont des 616ments primordiaux du plan financier a long terme global. La politique sur la gestion de la dette 6tablit des objectifs, des Iignes directrices, des cibles et des mesures de controle appropri6es aux fins de l'utilisation et de 1'6mission de titres de cr6ance pour la Ville. Le plan de gestion de la dette garantira : que la Ville obtient une dette a long terme seulement Iorsque c'est n6cessaire (6quilibrer les besoins de financement avec la capacit6 de payer des contribuables); que cette dette est g6r6e de maniere a maintenir une flexibilit6 financiere a l'avenir; et que la dette est obtenue de faron strat6gique en fonction d'une planification financiere solide et de cibles a long terme. La politique d'accroissement des salaires fera en sorte que les futures augmentations salariales sont abordables en fonction de la croissance de I'assise fiscale et d'autres sources de recettes. Impact: L'objectif de la Ville est de r6duire de 25 % la dette a long terme du fonds general (financ6 par les contribuables) au cours des dix prochaines ann6es. Pour l'accroissement salarial, la Ville cherche a faire en sorte que les augmentations salariales ne d6passent pas les recettes, sauf s'il y a une analyse de rentabilit6 convaincante a cet 6gard. Echeancier : A court terme; les plans et les politiques seront mis en eeuvre d'ici la fin de 2019. 9) Gestion des actifs Mesure : La deuxieme phase du plan de gestion des actifs de la Ville sera r6alis6e afin d'6tablir l'ordre de priorit6 des investissements de capitaux et une r6ponse 6clair6e face au d6ficit de la Ville du cote de ('infrastructure. La Ville examiners aussi les possibilit6s de c6der des actifs pour combler le deficit au chapitre de ('infrastructure et cr6er des gains d'efficience op6rationnels. Justification : Pour prendre de bonnes d6cisions, on a besoin de bonnes donn6es, surtout Iorsque les ressources financi6res sont limit6es. La gestion des actifs permettra a la Ville de prendre des d6cisions bashes sur des faits qui limitent le risque de perturbation des services aux contribuables; de fournir un cadre pour 6tablir l'ordre de priorit6 des investissements de capitaux selon les Evaluations de 1'6tat et des risques; de rationaliser son infrastructure; et de r6duire les couts d'entretien en assurant un r6investisse- ment appropri6 dans les couts pendant tout le cycle de vie. Impact: Le Comit6 des finances, en s6ance ouverte, a enjoint au personnel d'6tablir un plan financier a long terme qui pr6voit une r6duction de 25 % du d6ficit de la Ville au chapitre de ('infrastructure au cours des 10 prochaines ann6es. Ces activit6s de gestion des actifs permettront d'orienter les d6cisions n6ces- saires pour atteindre cette cible. Echeance : A court terme; la deuxi6me phase du plan sera r6alis6e d'ici le quatri6me trimestre de 2019 Les 20 mesures dans la partie 1 du plan devraient produire des recettes ou des Economies modestes pour la Ville a compter de 2020, ainsi que de rendements plus importants en 2023 et au -dela. Entre -temps, la Ville a cern6 des sources de stress op6rationnel pour les ann6es 2021 et 2022. Pour faire face a ce sc6nario pr6vu, elle a demand6 que le gouvernement provincial appuie une « strat6gie de transition » au moyen d'une aide financiere directe ou indirecte. La partie 2 du plan correspond a ('une des id6es propos6es dans le cadre de cette strat6gie de transi- tion, soit d'6tablir un arrangement de partage des couts concernant la prestation de services r6gionaux, qui serait n6goci6 par les dirigeants r6gionaux avec le soutien du gouvernement provincial. La r6gion de Saint John apporte une contribution importante a 1'6conomie provinciale. Cependant, it y a eu une tendance historique a travailler en vase clos. Cela peut signifier des services et des couts en 360 Souteniir Saint John — Un plan en troiis parties 1 double, ('utilisation de services sans obligation de financer de tels services et des occasions rat6es de croissance 6conomique. Les collectivit6s dans la r6gion forment un collectif et sont interd6pendantes en ce qui concerne 1'6cono- mie et Ie biers -titre social. A part 1'engagement pris dans la partie 1 d'examiner Ie mod6le des commis- sions de services r6gionaux (CSR), it y a des enjeux r6gionaux en dehors de la structure des CSR qui peuvent et doivent etre r6gl6s. Les gouvernements Iocaux concern6s — Grand Bay -Westfield, Saint John, Quispamsis, Rothesay, Hampton et St. Martins — ainsi que les districts de services Iocaux (DSL) de la r6gion ont un objectif com- mun : la croissance et Ie biers -titre de Ieurs collectivit6s respectives. 11 s'agit d'une base pour Ie travail qui doit etre accompli en collaboration. Le groupe de travail sur la gestion r6gionale se fera confier Ie mandat suivant Determiner et accepter des arrangements pour la prestation de services partages et I'utilisa- tion partagee de services a I'interieur de la region; et proceder au partage equitable des couts connexes. D'ici le 31 mars 2020, le groupe de travail devra soumettre une entente sign6e, approuv6e par les conseils des gouvernements Iocaux respectifs et le ministre de I'Environnement et des Gouvernements Iocaux pour les DSL. Un rapport d'6tape int6rimaire devra etre soumis avant le 31 janvier 2019 afin de faire Etat des travaux entrepris et des possibilit6s potentielles qui sont envisag6es. Les d6lais seront ajus- t6s au besoin pour acc616rer des projets sp6cifiques. Le contenu et 1'6tendue de 1'entente reviendront au leadership r6gional. Aucune cible n'a 6t6 6tablie d'avance pour les Economies ou les recettes. Cependant, le r6sultat devrait rapporter a toute la r6gion, y compris a la ville de Saint John, tout en assurant 1'6quit6 parmi les collectivit6s de la r6gion. Le groupe de travail sera guid6 dans son travail par un cadre de r6f6rence 6tabli et par un consultant en comptabilit6, qui sera embauch6 par le gouvernement du Nouveau -Brunswick. Le gouvernement provin- cial assurera aussi la supervision et un soutien consultatif. Le groupe de travail aura 6galement recours a des comit6s de travail et a des experts de 1'ext6rieur, au besoin, afin de s'assurer que les personnes qui prennent les d6cisions reroivent les donn6es et les conseils n6cessaires. A part 1'exigence d'6tablir une entente, le groupe de travail sur la gestion r6gionale devrait etre consid6r6 comme un forum de collaboration pour la planification et I'6tablissement des priorit6s r6gionales. II sera aussi encourag6 a trouver d'autres domaines d'int6ret commun aux fins d'une future consid6ration. Le gouvernement provincial a I'assurance que la combinaison des 20 mesures et des r6sultats du groupe de travail sur la gestion r6gionale produiront suffisamment d'6conomies et de recettes pour relever les d6fis a court et a long terme de la Ville. Le gouvernement s'est n6anmoins engag6 a r66valuer cette situation en 2020. '. Engagement du gouvernement provincial A r66valuer la situation op6rationnelle de la ville En mars 2020, apr6s que les repr6sentants du gouvernement auront examin6 I'6tat des progr6s entou- rant les 20 mesures et les r6sultats du groupe de travail sur la gestion r6gionale, le gouvernement s'est engag6 a r66valuer la situation financi6re de la Ville. En prenant un tel engagement, le gouvernement ne veut pas d6courager les efforts diligents de la part des dirigeants r6gionaux et de la Ville de Saint John pour r6aliser tout gain possible qui b6n6ficiera a la Ville et a 1'ensemble de la r6gion. En ce moment, aucun financement provincial suppl6mentaire n'a 14 Souteniir Saint John — Un plan en troiis parties 361 6t6 d6termin6. Le gouvernement r66valuera plutot la situation et d6terminera si d'autres mesures sont requises, y compris des mesures relatives aux politiques, aux op6rations ou aux finances. La prise de d6cision du gouvernement, fix6e en mars 2020, permettra a la Ville de se livrer a une planifi- cation pr6budg6taire en vue de 1'exercice financier municipal du 1erjanvier 2021. IF IF En resume Le travail peut commencer imm6diatement sur bon hombre des mesures indiqu6es. Des mesures pour faire le suivi du succes dans la mise en oeuvre des mesures 6nonc6es dans le plan seront 6tablies dans le cadre d'un plan de mise en oeuvre pour assurer les progres et la responsabilisation. Le gouvernement est entierement en faveur de travailler pour aider la Ville a formuler un nouvel avenir viable, mais it ne peut pas le faire par des d6penses qui continuent d'6tre intenables, compte tenu de ses propres d6fis et objectifs financiers. En revanche, le leadership municipal s'est engag6 publiquement a travailler a travers les d6cisions difficiles et a remettre en question les consid6rations op6rationnelles n6cessaires afin de favoriser le r6tablissement et la reprise de la croissance. Dans le trach d'une nouvelle voie a I'avenir, it existe une possibilit6 de galvaniser les employes, les entre- prises et les citoyens ainsi que les voisins r6gionaux pour collaborer a une cause commune afin d'ap- puyer la Ville et la grande r6gion de Saint John. Saint John a une histoire fiere et resiliente. Grace a Pengagement et aux efforts soutenus de la part de toutes les parties concernees, la Ville pourra se batir un avenir aussi brillant que son passe. 362 Souteniir Saint John — Un plan en troiis parties 15 August 13, 2019 Common Council City of Saint John Stn Floor City Hall 15 Market Square Saint John, NB E2L 1E8 Re: Request for adoption of a motion of censure against Mayor Don Darling On July 8, 2019, Saint John Common Council unanimously adopted a Code of Conduct for Elected Representatives. Subsequently, I was informed by the Minister of Local Government that this body has a responsibility to "police itself", when it comes to the behaviour of the Mayor and individual councillors. Censure is a common law concept that may be used by a local government body that wishes to distance itself from an elected official due to that official's unacceptable conduct (e.g. bullying; rude comments; disrespectful behaviour). Therefore, I am requesting that Common Council adopt a motion of censure against Mayor Don Darling for his recent deplorable and unacceptable conduct on social media, which represents an unmitigated violation of Article 8.7 of the Code of Conduct, which states that, "Members of Council shall not engage in or encourage bullying, flaming, or shaming of any other social media users. These types of interactions on social media misplace the focus of interaction on attacking individuals rather than engaging in constructive discussion or debate. This manner of communication is inconsistent with the Code of Conduct and unbecoming of the office that members hold." Mayor Darling sparked an inflammatory exchange on his 'personal' Facebook page (his primary means of communication with citizens on matters of public policy) on July 30, 2019, after the earlier submission of a respectful letter to Common Council from the Saint John Citizens Coalition, which asked for a review of the Mayor's involvement with GrowSJ, due to concerns that his personal political initiative might mislead citizens into believing that his comments, public events etc., reflected the views of Council and even the corporation of the City of Saint John. Rather than wait for the City Manager to review the matter and report back to Council as instructed, Mr. Darling chose to pre-empt the process and respond publicly on his Facebook page. His preamble served to incite his social media power base against the Saint John Citizens Coalition and the signee of the letter, Mr. Randall Goodwin. Here is but a brief sample of the disgusting exchange that ensued: Linnae Olmstead: "Randall Goodwin is an idiot. I had to block him during the Jellybean Houses discussion because he was irrational, aggressive, and quite frankly, barely literate! No way he wrote that letter himself, because his spelling and grammar skills are negligible. Carry on as you are, Mayor- pay no heed to this quack!!" Daryl F: "I remember this tool back in the old YMCA days he was a _ with a big mouth back then and a bully who shot off his mouth until someone put him in his place." Julie Garnett: "OMG, that guy really is a nut job!!" Rosey Goodman: "Small minded twits..." Eric Robichaud: "He's a piece of work. I'd gladly slap his teeth down his throat." Threats of physical violence are repugnant enough, but when the Mayor allows them to be communicated in a social media environment over which he has full control, one must question not only his personal values, but also his judgement. These and other posts of a similar nature, (I have attached a screenshot of the entire Facebook exchange for the public record), cast a long, dark shadow across our city, and the Mayor's willingness to publish and disseminate such comments is a black mark on Saint John's reputation as a welcoming and inclusive community. Because Mr. Darling himself was monitoring the posts in real-time and administers the Facebook page himself, he is 100 per cent responsible for ensuring that any such exchange on social media adheres to the standards of common decency, let alone the Code of Conduct for Elected Representatives. Whether he choreographed the stage show within the confines of City Hall or not, he has left the public with the distinct impression that the Mayor of Saint John approves of the hateful comments that were published and shared widely across social media, with no apparent concern for their impact on an identifiable group and its members, the community at large, the office of Mayor or the reputation of the City of Saint John. Indeed, he began the exchange with the words "As your Mayor...". What could be clearer than that? Furthermore, while allowing the comments to be posted and to remain posted on his Facebook page despite their vile nature, the Mayor has blocked Mr. Goodwin, myself and others from engaging with him or responding to others on the same platform to help them better understand the role of citizens in a democracy. Indeed, during the exchange, while allowing dozens of scurrilous comments to be posted, Mr. Darling attacked and then banned the one person who was defending Mr. Goodwin, serving at that point to further inflame an already explosive social media drama that he himself had set in motion, "as your Mayor". Consequently, we are restricted from fully defending ourselves from the many personal attacks from Mr. Darling and his fan club that appear on the Mayor's primary venue for engagement with citizens on matters of public interest. This, despite the Mayor's oft repeated claim that he values diversity of opinion. His censorship is not only unfair; it is repugnant. Thus, this letter, in this forum. When he was compelled to remove the city's corporate logo from the GrowSJ Facebook page and website, the Mayor plead ignorance of trademark legislation, which is hardly worthy of comment given his background in sales and marketing. Given that concerns over the incitement of hatred on the Internet, and on Facebook in particular, have received national and international attention in recent months, Mayor Darling can no longer use ignorance as an excuse. He has repeatedly stated that he has remained true to his values since the day he was elected. We now have a much better idea of what those values are, do we not? Should you agree with the values exhibited in the hateful exchange on the Mayor's Facebook page, then do nothing. Right-thinking voters will judge you accordingly. However, given that Common Council unanimously approved the Code of Conduct for Elected Representatives, I expect all members will want to hold the Mayor to account and publicly distance yourselves from such disgraceful behaviour, lest you leave citizens with the impression that this conduct is acceptable to you personally and to this body as a whole. While it may otherwise be a cliche, here, on this occasion, your silence will speak volumes. Further to your motion of censure, I suggest Mr. Darling owes Mr. Goodwin and the Saint John Citizens Coalition and its members an unreserved apology for his reprehensible behaviour. That apology should be extended to all citizens of Saint John and be published prominently on the same Facebook page where the exchange of July 30, 2019 has been allowed to rot for days on end. It would also be prudent for the Mayor to assure all citizens that there will be no repeat of his unacceptable social media behaviour so long as he remains in office. I would also recommend that he open this communications channel to ALL citizens or shut it down altogether. It may be his 'personal' Facebook page, but when he speaks "As your Mayor...", it belongs to us all. While Mr. Darling ponders his future course of action, Common Council has a duty to restore the integrity of the office of the Mayor and the good reputation of the City of Saint John in the minds of right-thinking people everywhere. A clear commitment to cherished democratic values is required. It is inconceivable to me, that anyone would expect sustainable population growth in a city in which citizen engagement is described by the Mayor as an unwelcome distraction rather than an essential ingredient in a healthy democracy. Democracy requires that people actively participate in the political process. Citizens who are fulfilling their civic duty by holding government to account between elections should not, and must not, be disparaged for doing so, or be discouraged from doing so. I trust this Council agrees, and I very much look forward to your public response to the serious concerns expressed in this letter. Yours sincerely; Douglas James Citizen and taxpayer Enc. July 30, 2019 Full Facebook Screenshots Exchange cc: Hon. 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Y., August 13, 2019 Common Council City of Saint John Stn Floor City Hall 15 Market Square Saint John, NB E21- 1E8 Re: Request for reprimand of Councillor David Merrithew On July 8, 2019, this body unanimously adopted a Code of Conduct for Elected Representatives. Subsequently, I have been informed by the Minister of Local Government that Saint John Common Council must "police itself" when it comes to the behaviour of the Mayor and individual councillors. Therefore, I am requesting that this body publicly reprimand Councillor David Merrithew for failing to adhere to one of the key values enshrined in the Code of Conduct, which states that: "Members of Council shall treat every person, including other Members of Council, City employees and the public with dignity and respect." On July 30, 2019, as part of a hateful exchange on the Mayor's 'personal' webpage, Mr. Merrithew posted the following disparaging comment in reference to Mr. Randall Goodwin and the Saint John Citizens Coalition: "This guy and his small group of cronies are not creditable. They say they will run in the next election. God forbid. lust key board courage." While Mr. Merrithew is entitled to his opinion, he has failed to uphold his promise to treat the public with dignity and respect. Insulting and belittling citizens who may wish to exercise their democratic right to seek public office only serves to discourage people from participating in the democratic process. We need more engagement, not less. As for Councillor Merrithew's insulting reference to 'keyboard courage', I will remind him and all councillors that passionately written words have changed history. Again, mocking and disparaging citizens because they choose to express their political views and help educate others on matters of public interest through their written commentary, can hardly be described as dignified and respectful conduct. Mr. Merrithew's comment violates Article 8.1 of the Code of Conduct, which states that "Members of Council shall use communication tools, such as newsletters, websites and social media in a responsible and respectful manner." Mr. Merrithew also failed to adhere to Article 8.4 which states that "Members of Council are encouraged to identify when views expressed are theirs alone and not official City of Saint John communication", and Article 8.6 which declares that "Members of Council shall not use communication tools and social media to engage in criticism of other Members of Council, the City staff or the general public". 191:191 Consequently, it is my duty as a citizen, to hold Councillor Merrithew and this entire body to account. Any failure to publicly reprimand your colleague for his unwarranted bad behaviour will reflect poorly on your judgement and on your values and will greatly diminish your authority as an elected body. Yours sincerely; Douglas James Citizen and taxpayer Enc. July 30, 2019 Full Facebook Screenshots Exchange cc: Hon. Jeff Carr, Minister of Local Government; Andrea Anderson -Mason, Attorney General Ec1:i.1 August 19, 2019 Deputy Mayor and Councillors Subject: West Branch Library The Committee of the Whole, having met on August 19th, 2019, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on August 19, 2019, Common Council recommend to The Commissioners of the Free Public Library of the City of Saint John to execute the Lease Extension and Amending Relocation Agreement with SBLP Lancaster Mall Inc. as submitted with a change in term to 10 years. Sincerely, r Don Darling Mayor (P*-.. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca w CA 1971 Saint John, N. -B. Canada E2L 4L1 LEASE EXTENSION AND AMENDING RELOCATION AGREEMENT (the "AGREEMENT") THIS AGREEMENT made effective the 1St day of August, 2019 BETWEEN: SBLP LANCASTER MALL INC. hereinafter called the "Landlord" OF THE FIRST PART; - and - THE COMMISSIONERS OF THE FREE PUBLIC LIBRARY OF THE CITY OF SAINT JOHN hereinafter called the "Tenant" OF THE SECOND PART; WHEREAS A. By a lease dated the 1St day of April, 1993 (the "Original Lease"), The Canadian Life Assurance Company and Cambridge Leaseholds Limited as landlord, (the "Original Landlord") leased to the Tenant for and during a term of five (5) years expiring on the 31 st day of March, 1998 (the "Original Term") certain premises, described as Unit D5 and D6 having an area of approximately 2,945 square feet (the "Original Premises"), located in a shopping centre municipally known as `Lancaster Mall', 621 Fairville Boulevard, in the City of Saint John, in the Province of New Brunswick (the "Shopping Centre"). B. Cambridge Leaseholds Limited assigned and transferred its interest in the Shopping Centre and the Original Lease to The Canadian Life Assurance Company as landlord (the "Second Landlord"). C. By an agreement dated the 5th day of September, 1997 (the "First Extension Agreement") the Second Landlord and the Tenant agreed to extend the Original Term for a further term of five (5) years expiring on the 31St day of March, 2003 (the "First Extended Term") and the Original Lease was amended in the manner as more particularly set out therein. D. 621 Fairville Blvd. Limited and 1346029 Ontario Inc. (the "Third Landlord") succeeded the Second Landlord in title to the Shopping Centre. E. By an agreement dated the 24th day of May, 2001 (the "Second Extension Agreement") made between the Third Landlord and the Tenant, the Original Term was extended for a further period of five (5) years expiring on the 31St day of March, 2008 (the "Second Extended Term") and the Original Premises was expanded to include Unit D4 increasing the aggregate area of the premises to approximately 3,632 square feet (the "Expanded 1 of 11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement 3ffi Premises") and the Original Lease was amended in the manner as more particularly set out therein. F. Counsel Lancaster Limited (the "Fourth Landlord") succeeded the Third Landlord in title to the Shopping Centre. G. By an agreement dated the 11 th day of March, 2008 (the "Third Extension Agreement") made between the Fourth Landlord and the Tenant, the Original Term was extended for a further period of five (5) years expiring on the 31St day of March, 2013 (the "Third Extended Term") and the Original Lease was amended in the manner as more particularly set out therein. H. By an agreement dated the 20th day of May, 2008 (the "Fourth Extension Agreement") made between the Fourth Landlord and the Tenant, the Original Term was extended for a further period of five (5) years expiring on the 31St day of March, 2018 (the "Fourth Extended Term") and the Expanded Premises was further expanded to include Unit D3 increasing the aggregate area of the premises to approximately 4,477 square feet (the "Existing Premises") and the Original Lease was amended in the manner as more particularly set out therein. The Landlord succeeded the Fourth Landlord in title to the Shopping Centre and is the current registered owner. J. The Original Lease as amended by the First Extension Agreement, the Second Extension Agreement, the Third Extension Agreement and the Fourth Extension Agreement shall hereinafter be referred to as the "Lease". K. The Original Term as extended by the First Extended Term, the Second Extended Term, the Third Extended Term and the Fourth Extended Term shall hereinafter be referred to as the "Term". L. The Tenant has been overholding in the Existing Premises as a Tenancy at Sufferance pursuant to Section 13.02 of the Lease since the 1 st day of April, 2018 and is due to pay the Landlord two (2) times the Rent determined in accordance with Section 13.02 of the Lease (the "Overholding Rent"). M. The Existing Premises is now known as Unit 1 D4 comprising an approximate area of 4,477 square feet. The Tenant and the Landlord have agreed to relocate the Existing Premises and further extend the Term of the Lease and amend the Lease upon the terms and conditions contained herein. 1. CONSIDERATION The consideration for this Agreement is the mutual covenants and agreements between the parties to this Agreement and the sum of Two Dollars ($2.00) that has been paid by each of the parties to each of the others, the receipt and sufficiency of which is hereby acknowledged. 2. RECITALS The parties hereto hereby acknowledge, confirm and agree that the foregoing recitals are true in substance and in fact. 2of11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement 3EK) 3. RELOCATION (a) Subject to Section 8, the Original Premises shall be relocated to the premises shown on Schedule "A" attached hereto and identified as Unit 100 comprising approximately 5,000 square feet (the "Relocated Premises"). If required by the Landlord, the rentable area will be measured by the Landlord's architect and all rent that is calculated upon it will be adjusted accordingly retroactive to the New Commencement Date (defined below). (b) The Tenant shall not vacate nor close the Existing Premises for business until the New Commencement Date. In no event will the Tenant provide vacant possession of the Existing Premises later than five (5) days following the New Commencement Date. (c) Prior to the Possession Date (as defined below) the Landlord shall provide, at its expense, complete all work described in Schedule "B" attached hereto with respect to the Relocated Premises (collectively, the "Landlord's Work"). (d) The Tenant will be given a fixturing period of ninety (90) days (the "Fixturing Period") commencing on the date set out in a written notice from the Landlord advising when the Landlord's Work will be substantially completed in the Relocated Premises and the Relocated Premises is ready for the commencement of the Tenant's work (the "Possession Date"). The estimated Possession Date is one hundred and eighty (180) days from the date this Agreement is fully executed and unconditional. During the Fixturing Period the Tenant will work diligently to complete all of the Tenant's work to install its fixtures and inventory and to open for business within the Relocated Premises. During the Fixturing Period the Tenant will not be responsible to pay rent for the Relocated Premises except for that arising by virtue of a default of the Tenant and except for utilities and garbage removal in respect of the Relocated Premises. All other terms of the Lease shall apply during the Fixturing Period. However, the Tenant will not be permitted access to the Relocated Premises until it has delivered to the Landlord: (i) a certificate of general liability insurance from its contractor in accordance with the Landlord's general requirements and a certificate from the Tenant's insurers indicating that all insurance required under the Lease is in full force and effect, and until this Agreement is fully executed by the Landlord and Tenant; (ii) the Tenant's professionally prepared plans and drawings of the Tenant's work which is subject to the Landlord's prior written approval (not to be unreasonably withheld); and (iii) confirmation that the Tenant has obtained all necessary permits to undertake the Tenant's work. (e) The rent commencement date of the Relocated Premises will be the earlier to occur of (i) the day immediately following the last day of the Fixturing Period referred to above, (ii) the date on which the Tenant first opens any part of the Relocated Premises to the public for business and (iii) the first anniversary of this Agreement (the "New Commencement Date"). Effective as of the New Commencement Date, all references in the Lease to "Premises" shall be deemed to be amended to be the Relocated Premises. (f) From the Possession Date, the Tenant will have the right at its sole cost to install its signage on the bulkhead entrance to the Relocated Premises and signage on the exterior of the Relocated Premises, subject to the Landlord's prior written approval and in 3of11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement 3M accordance with municipal standards. All other signage including any pylon and directional signage will be as agreed to by both parties acting reasonably. (g) Subject to Section 6 below, other than Landlord's Work and any obligations of the Landlord under the Lease, all further renovations, alterations or improvements in or to the Relocated Premises are the sole responsibility of the Tenant and shall be undertaken and completed at the Tenant's expense and strictly in accordance with the provisions of the Lease and this Agreement. (h) The Tenant acknowledges that the Landlord is going to redevelop the Shopping Centre and there may be noise and other disruptions to the Shopping Centre. As a result of any construction, the Tenant acknowledges that, it shall not be entitled to any compensation, or reduction or abatement of rent in connection therewith, provided that notwithstanding the foregoing, the Landlord agrees to use reasonable commercial efforts to minimize interruptions to vehicular and pedestrian traffic and interferences with the ordinary and lawful enjoyment of the Relocated Premises. 4. EXTENSION OF TERM (a) Provided the Existing Premises is relocated to the Relocated Premises in accordance with Section 3 above, the Term of the Lease is hereby extended for a further period of twenty (20) years (the "Fifth Extended Term") to be calculated from the New Commencement Date, and end twenty (20) years after the New Commencement Date (unless the New Commencement Date does not occur on the first day of a calendar month in which case the Term shall end twenty (20) years after the last day of the month in which the New Commencement Date occurs), upon the same terms and conditions as are contained in the Lease, save as amended hereby. (b) The Minimum Rent payable with respect to the Fifth Extended Term shall be as follows: Years $/sq. Ft. Monthly instalments Annual Minimum Rent 1-3 $10.00 $4,166.67 $50,000.00 4-7 $10.50 $4,375.00 $52,500.00 8-10 $11.00 $4,583.33 $55,000.00 11-13 $11.50 $4,791.67 $57,500.00 14-17 $12.00 $5,000.00 $60,000.00 18-20 $12.50 $5,208.33 $62,500.00 (c) The Tenant acknowledges that the Relocated Premises contain approximately 5,000 square feet. (d) Subject to Section 3 above and Section 5 below, any fixturing period, rent free period, any inducement or improvement to the Relocation Premises by the Landlord, or any other 4of11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement 3W amount in connection with the Original Term of the Lease shall not apply during the Fifth Extended Term. (e) Provided the Existing Premises is relocated to the Relocated Premises in accordance with Section 3 above, the Tenant's Operating Costs for the period commencing on the New Commencement Date to and including December 31, 2019 shall be fixed at $6.50 per square foot of the Relocated Premises per annum (the "2019 Cap"). Commencing January 1, 2020 and each for calendar year thereafter, the Tenant's Operating Costs shall be calculated by multiplying the Operating Costs paid by the Tenant in the immediately preceding year by the percentage change in the amount of CPI which has occurred from the first month of the first year to the first month of the year in which the calculation is being made. For the purposes of the foregoing, "CPI" means the Consumer Price Index (All Items) for the City of St. John (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Landlord, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial agency). (f) For clarity, the Relocated Premises will be separately metered for utilities and the Tenant shall pay for all utilities directly to the third -party provider. 5. FURTHER RIGHT OF EXTENSION (a) Provided the Existing Premises is relocated to the Relocated Premises in accordance with Section 3 above, the Lease is amended so that the Tenant shall be entitled to extend the Term of the Lease for one (1) further period of five (5) years (commencing on the day following expiry of the Fifth Extended Term) (the "Sixth Extended Term"), provided that, as preconditions to the Tenant exercising such right, the Tenant shall: (i) have duly and regularly performed all of the covenants, terms and conditions on its part to be performed in the Lease; (ii) have not assigned the Lease or sublet or permitted a change in occupancy of any portion or portions of the Relocated Premises, and there has been no change in ownership of the majority of the capital stock of Tenant and no change in the name under which the business on the Relocated Premises is conducted; (iii) have continuously occupied and carried on business from all of the Relocated Premises in accordance with the terms of the Lease; and (iv) have given written notice to the Landlord of the exercise of this option not more than twelve (12) months and not less than nine (9) months prior to the expiry of the original Term. (b) The Sixth Extended Term shall be on the terms and conditions set out in the Lease, save and except that: (i) the Relocated Premises shall be taken on an "as is" basis and there shall be no inducements, allowances, rent free, or fixturing periods; (ii) there shall be no further or other right of extension or renewal; (iii) the Minimum Rent, shall be in such amount as the Landlord and Tenant may agree and shall be the greater of: (1) Market Rent; and (2) the Minimum Rent payable during the last year of the Fifth Extended Term; and 5of11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement 322 (iv) the Tenant shall enter into an agreement prepared by the Landlord at the Tenant's expense to give effect to the terms of the extension. (c) As used herein, "Market Rent" means the annual rental which could reasonably be obtained by Landlord for the Leased Premises from a willing tenant or willing tenants dealing at arms' length with Landlord in the market prevailing for a term commencing on the commencement date of the Sixth Extended Term, having regard to all relevant circumstances including the size and location of the Leased Premises, the facilities afforded, the terms of the lease thereof (including its provisions for Additional Rent), the condition of the Leased Premises and the extent and quality of the improvements therein (disregarding Tenant's trade fixtures and also disregarding any deficiencies in the condition and state of repair of the Leased Premises as a result of Tenant's failure to comply with its obligations hereunder in respect of the maintenance and repair of the Leased Premises) and the use of the Leased Premises and having regard to rentals currently being obtained for space in the Shopping Centre and for comparable space in other shopping centres comparably located. (d) If the Landlord and the Tenant are unable to agree upon the Minimum Rent rate to be paid by the Tenant during the Sixth Extended Term within three (3) months prior to expiry of the Fifth Extended Term, then the Minimum Rent shall be determined by arbitration in accordance with the Arbitrations Act of new Brunswick, but in no event shall the Minimum Rent be less than the Minimum Rent payable during the last year of the Fifth Extended Term. In the event the Minimum Rent has not been determined by the commencement of the Sixth Extended Term, the Tenant shall pay Minimum Rent at the rate applicable to overholding as set out in Section 13.02 of the Lease, and within ten (10) days after the Minimum Rent for the Sixth Extended Term is determined, the parties shall retroactively adjust the Minimum Rent owing from the commencement of the Sixth Extended Term. 6. LEASEHOLD IMPROVEMENT ALLOWANCE Provided the Tenant is not in default under the Lease after expiry of any applicable notice and cure period under the Lease, as an inducement to lease the Relocated Premises the Landlord will pay to the Tenant a leasehold improvement allowance (the "Leasehold Improvement Allowance"), less any amount then owing by the Tenant to the Landlord, equal to $12.50 per square foot of the Relocated Premises within thirty (30) days of written notice from the Tenant and upon the occurrence or satisfaction of the following: (a) the New Commencement Date has commenced; and (b) the Tenant has provided to the Landlord an invoice indicating the amount of the Leasehold Improvement Allowance payable, together with calculations for same, and including the amount of the applicable G.S.T. payable. 7. OVERHOLDING RENT (a) Notwithstanding anything else contained herein, in the event the New Commencement Date occurs, the Landlord agrees to waive its right to receive the Overholding Rent and shall forever release and discharge the Tenant from its obligation to pay the Overholding Rent. The Landlord shall refund any Overholding Rent paid to the Landlord in conjunction with payment of the Leasehold Improvement Allowance. 6of11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement 30 (b) For clarity, in the event the Existing Premises is not relocated to the Relocated Premises in accordance with Section 3 above, the Tenant shall continue to be fully liable and responsible for all Overholding Rent. 8. TENANT CONDITION (a) This Agreement is conditional on the Tenant providing notice on or before 5pm on August 20, 2019 that this Agreement has been approved by the Tenant's board. (b) The condition contained in Section 8(a) above is for the sole benefit of the Tenant and may only be waived or satisfied by the Tenant at any time in whole or in part. If written notice waiving or satisfying this condition is not given by the Tenant to the Landlord on or prior 5pm on August 20, 2019, this Agreement shall be null and void. (c) In the event this Agreement is null and void, the Tenant will continue to occupy the Existing Premises in accordance with the Lease. 9. MISCELLANEOUS (a) All Notices to the Landlord are to be sent to: SBLP LANCASTER MALL INC. c/- Strathallen Property Management Inc. Suite 1001, 2 Bloor Street West Toronto, ON M4W 3E2 Attn: Asset Manager (a) The Tenant acknowledges, covenants and agrees: (i) that the Landlord is, or may in the future assign this Lease to, an entity who will be a nominee for a Real Estate Investment Trust or may be a Real Estate Investment Trust or may, itself, become a nominee for a Real Estate Investment Trust (the "Trust"); and (ii) in such event, the obligations being created by the Lease and any liabilities arising in any manner whatsoever out of or in connection with the Lease, after such date, will not be personally binding upon, and that resort shall not be had to, nor shall recourse or satisfaction be sought from, the private property of any of: 1. the unit holders of the Trust; 2. annuitants under a plan of which a unit holder of the Trust acts as trustee or carrier; and 3. the officers, trustees, employees or agents of the Trust. (b) This Agreement binds and benefits the parties and their respective heirs, executors, administrators, successors and assigns. (c) The capitalized terms where used herein, if not defined, shall have the meaning ascribed to them in the Lease. 7of11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement (d) Except for the Amendments as agreed to under and by virtue of this Agreement, both parties agree that the terms and conditions of the Lease shall apply and continue in effect for the Term and the Lease shall be incorporated by reference into this Agreement and the Lease will be read as amended hereby. The Lease as amended by this Agreement shall form the whole agreement between the parties hereto and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than as are herein and in the Lease set forth. (e) Neither party shall disclose to any person the financial or any other terms of this Agreement, except to its professional advisors, consultants and auditors, if any, and except as required by law. (f) This Agreement shall be construed in accordance with the laws of the Province in which the Shopping Centre is located. (g) This Agreement may be executed in any number of counterparts. A party may send a copy of its executed counterpart to each other party by facsimile or electronic transmission instead of delivering a signed original of that counterpart. Each executed counterpart (including each copy sent by facsimile or electronic transmission) shall be deemed to be an original. All executed counterparts taken together shall constitute one agreement. (h) This Agreement shall be deemed not to have been executed and delivered by the Landlord until it has been duly executed by all the other parties hereto and the Landlord has received at least one executed copy hereof. Until the executed Agreement has been received by the Landlord, the Landlord may, at its sole option, by written notice to the Tenant, withdraw its consent to the terms and conditions contained herein, in which case this Agreement shall be null and void and of no further effect. If the executed Agreement has not been received by the Landlord within thirty (30) days from the date hereof, at Landlord's option, the terms of this Agreement shall be null and void unless given anew in writing by the Landlord. [Rest of page left intentionally blank] 8of11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement (i) Time shall in all respects remain of the essence of this Agreement and the Lease. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date set forth above. SIGNED, SEALED AND DELIVERED in the presence of: SBLP LANCASTER MALL INC. (Landlord) Per: Name: I have the authority to bind the Corporation THE COMMISSIONERS OF THE FREE PUBLIC LIBRARY OF THE CITY OF SAINT JOHN (Tenant) Per: Name: Title: Per: Name: Title: We/I have the authority to bind the Corporation 9of11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement d L a.+ U .Q Q O s U) Q 2 O a m a as a+ LE c co C N 4— N Z co U O N u J f 41 ,ter y. m W o E N c o (n Q O 0 0 U o o w � o � c �(D J Q U � O O d O c � O O N (n LL N O X w W O N NN C: -i 0 1 i Schedule "B" Landlord's Work: SAINT JOHN FREE PUBLIC LIBRARY Landlords Work Described The space will be prepared Ilay the Landlord with t1he following features iin coordiinaUon and planning with tile Tenant„ - Open concept space - Exposed —14' ceilings (3' higher than current) - Lighting and HVAC ducting distributed for an open concept - New HIVAC - Glazing alongthe front of the unit, allowing for irnaximurn light transfer into the space - Carpet tile installed throughout t1he space - Handicap accessibIle washrooms as, required by code - Office/Staff room in shell condition with kitchen rough iin - Watertight roof - C�osts, not to exceed $16,0,0,00 —with in reason 11 of 11 The Commissioners of the Free Public Library of the City of Saint John Lancaster Mall — Lease Extension and Amending Relocation Agreement 39B