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2019-11-04_Agenda Packet--Dossier de l'ordre du jourHr City of Saint John Common Council Meeting AGENDA Monday, November 4, 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 October 21, 2019 6-19 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Geographic Information Systems Enterprise Software License Renewal 20-35 (Recommendation in Report) 5.2 National Disaster Mitigation Program (NDMP) Funding Sub -Contribution 36-98 Agreements (Recommendation in Report) 5.3 Subdivision (Money -in -Lieu of Land for Public Purposes) - 40 Waterview Place 99-111 (Recommendation in Report) 5.4 Subdivision (Money -in -Lieu of Land for Public Purposes) - 431 Millidge Avenue 112-127 (Recommendation in Report) 5.5 Subdivision (Money -in -Lieu of Land for Public Purposes) - 4343 Loch Lomond 128-139 Road (Recommendation in Report) 5.6 Enhanced Reporting Process for Closed Session Meetings (Recommendation 140-143 in Report) 144-159 6. 7. 8. 9. 10. 11 12 5.7 Amendment 1 to Unified Communications - Centrex Multi -Provincial Blended Rates Services Schedule (Recommendation in Report) 5.8 Website Reserve for 2020 (Recommendation in Report) 160-161 5.9 Carleton Community Centre HVAC Upgrades (Recommendation in Report) 162-164 5.10 New Solid Waste Model Business Case (Recommendation in Report) 165-169 5.11 Industrial Hygiene - Firefighter Training Centre Initiative (Recommendation in 170-196 Report) 5.12 CAER and Fire Prevention Relocation Project (Recommendation in Report) 197-221 Members Comments Proclamation Delegations / Presentations Public Hearings - 6:30 p.m. 9.1 Proposed Municipal Plan Amendment and Zoning Bylaw Amendment - 348 222-402 Acamac Backland Road with Staff Presentation (1 st and 2nd Reading) 9.1.1 Municipal Plan Amendment (1st and 2nd Reading) 403-403 9.1.2 Zoning By -Law Amendment (1 st and 2nd Reading) 404-405 Consideration of By-laws 10.1 Procedural Bylaw Amendment re: Distribution of Correspondence (3rd 406-406 Reading) 10.2 Supplemental: City of Saint John Tourism Accommodation Levy Bylaw 407-410 10.2.1 P. Hayes Request to Present re: Tourism Accommodation Levy 411 - 411 10.2.2 Tourism Accommodation Levy By -Law (3rd Reading) 412-421 Submissions by Council Members 11.1 Flyer Delivery Bylaw (Councillor Hickey) 422-422 Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives 423-429 K K3 12.2 Sustainability Initiatives 12.2.1 Rightsizing Recreation Facilities: Rainbow Park Ice Surface - 430-433 Sustainability Item 12.2.2 Lifeguards — Sustainability Item 434-438 12.2.3 Passport to Parks — Sustainability Item 439-442 12.2.4 On -Street Parking Increase — Sustainability Item 443-446 12.3 Recreation Cards: Overall Program Update 447-464 12.4 Recreation Cards: Samuel -de -Champlain School's Request for Exemption 465-480 12.5 Recreation Card Program: Lord Beaverbrook Rink Participation 481 -502 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Purchase Request: PRUDE Diversity Champion Awards 2019 503-503 (Recommendation: Refer to Clerk to Purchase Tickets for Interested Council Members) 15.2 Uptown Saint John: City Infrastructure Projects in Uptown Saint John 504-504 (Recommendation: Refer to City Manager) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Independent Business Valuation of Saint John Energy's Growth Agenda 505-524 18. Adjournment K3 City of Saint John Common Council Meeting Monday, November 4, 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 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 8" Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Request to Grant Freedom of the City 1.3 Land Matter 68(1)(d) 1.4 Financial Matter 68(1)(c) 1.5 Employment Matter 68(1)(c,j) 1.6 Financial Matter 68(1)(c) 1.7 Financial Matter 68(1)(c) 1.8 Financial Matter 68(1)(c) 1.9 Financial Matter 68(1)(c) 1 Ville de Saint John Seance du conseil communal Lundi 4 novembre 2019 18h Salle du conseil communal (salle Ludlow), an 8e etage 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 l'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 : 16h, Salle de conf6rence, 8e kage, hotel de ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Demande d'octroi du droit de cite 1.3 Questions relatives au territoire 68(1)d) 1.4 Questions financieres 68(1)c) 1.5 Question relative a 1'emploi 68(1)c, j) 1.6 Questions financieres 68(1)c) 1.7 Questions financieres 68(1)c) 1.8 Questions financieres 68(1)c) 1.9 Questions financieres 68(1)c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 21 octobre 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 Renouvellement de licence de logiciel d'entreprise pour les systemes d'information g6ographique (recommandation dans le rapport) 5.2 Accords avec sous-traitant pour le financement du Programme national d'att6nuation des catastrophes (recommandation dans le rapport) 5.3 Subdivision (compensation mon6taire pour un terrain d'utilit6 publique) - 40, place Waterview (recommandation dans le rapport) 5.4 Subdivision (compensation monetaire pour un terrain d'utilit6 publique) - 431, avenue Millidge (recommandation dans le rapport) 5.5 Subdivision (compensation monetaire pour un terrain d'utilit6 publique) - 4343, Chemin Loch Lomond (recommandation dans le rapport) 5.6 Amelioration du processus d'6tablissement de rapports pour les reunions a huis clos (recommandation dans le rapport) 5.7 Modification 1 a 1' annexe sur les communications unifi6es - services interprovinciaux avec Centrex et taux ponderes (recommandation dans le rapport) 5.8 Fonds de reserve pour le site Web en 2020 (recommandation du rapport) 5.9 Modernisation du systeme de CVC du centre communautaire de Carleton (recommandation dans le rapport) 5.10 Nouvelle analyse de rentabilite du modele pour les dechets solides (recommandation dans le rapport) 5.11 Hygiene du travail - initiative du centre de formation des pompiers (recommandation dans le rapport) 5.12 CAER et projet de demenagement de la division Prevention des incendies (recommandation dans le rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 9. Audiences publiques — 18 h 30 9.1 Proposition de modification au plan municipal et au reglement de zonage - 348, chemin Acamac Backland avec presentation du personnel (I" et 2e lecture) 9.1.1 Modification au plan municipal (Ire et 2e lecture) 9.1.2 Modification au reglement de zonage (Ire et 2e lecture) 10. Etude des arret6s municipaux 3 10.1 Modification au reglement de procedure Distribution de la correspondance (3e lecture) 10.2 Supplementaire : Reglement municipal sur la taxe sur les hebergements touristiques de la ville de Saint John 10.2.1 P. Hayes - demande de presentation Taxe sur les hebergements touristiques 10.2.2 Reglement sur la taxe sur les hebergements touristiques (3e lecture) 11. Interventions des membres du conseil 11.1 Reglement sur la livraison de depliants (conseiller Hickey) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Initiatives d'amelioration continue 12.2 Initiatives de durabilite 12.2.1 Modifications aux installations recreatives : Surface de glace du pare Rainbow - point pour le developpement durable 12.2.2 Sauveteurs - point pour le developpement durable 12.2.3 Passeport aux pares - point pour le developpement durable 12.2.4 Augmentation du stationnement dans la rue - point pour le developpement durable 12.3 cartes recreatives : Mise a jour generale du programme 12.4 Cartes recreatives : Demande d'exemption de 1'ecole Samuel -de - Champlain 12.5 Programme de carte recreative : Participation de la patinoire Lord Beaverbrook 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du Bureau 15. Correspondance generale 15.1 Demande pour 1'achat de billets : Prix des champions de la diversite PRUDE 2019 (recommandation : consulter la greffiere pour les membres du conseil interesses a 1'achat de billets) 15.2 Uptown Saint John : Projets d'infrastructure municipale dans Uptown Saint John (recommandation : consulter le directeur municipal) 4 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Evaluation des entreprises independantes du programme de croissance energetique de Saint John 18. Levee de la seance 61 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN OCTOBER 21, 2019 AT 6:00 PM 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 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 David Hickey Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Absent: Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Collin City Solicitor J. Nugent Police Chief B. Connell Fire Chief K. Clifford Commissioner Saint John Water B. McGovern Commissioner Growth and Community Development J. Hamilton Commissioner Finance and Treasurer K. Fudge Commissioner Transportation and Environment M. Hugenholtz Common Clerk J. Taylor Deputy Common Clerk P. Anglin C.1 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 1. Call to Order 2. Approval of Minutes 2.1 Minutes of October 7, 2019 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council held on October 7, 2019, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Economic Development Framework 17.2 Appointments to Committees — Sustainability Ad Hoc Committee of Council MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2019- 248: Proposed 2020 Council Meeting Schedule, Common Council approve the submitted 2020 Council meeting schedule. 5.2 That as recommended by the City Manager in the submitted report M&C 2019- 266: Disaster Mitigation and Adaptation Funding, Common Council approve the funding agreement with Infrastructure Canada in relation to the Disaster Mitigation & Adaptation Fund, and further; that Common Council approve the ultimate recipient agreement with Saint John Energy in relation to the Disaster Mitigation & Adaptation Fund. 5.3 That as recommended by the City Manager in the submitted report M&C 2019- 262: Proposed Public Hearing Date — 35 Water Street, 289 Sydney Street and 431 Millidge Avenue, Common Council schedule the public hearing for the rezoning applications of The City of Saint John (35 Water Street and 289 Sydney Street) and Christian Parascan (431 Millidge Avenue) for Monday December 2, 2019 at 6:30 p.m. in 2 r� COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 the Ludlow Room, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.4 That as recommended by the City Manager in the submitted report M&C2019- 267: Request to Province Respecting 2020 Interim Financial Assistance, Common Council adopt the following resolution: Direct the Mayor to send a letter to Premier Blaine Higgs with the following requests as it pertains to the short term financial assistance to the City within the Provincial Funding Agreement: 1. With respect to subsection 4.2 of the Provincial Funding Agreement, the Province recognize that City restructuring initiatives will impact frontline services and future restructuring efforts will impact the provision of interim funding for 2020; 2. The Province allow as an eligible expenditure under the funding agreement the use of funds for one time restructuring costs for the years 2020 and 2021; 3. The Province allow the City to carry forward for one year, to the end of the fiscal year 2021, unused funds from 2019 and 2020 to provide the City time to implement the business plan changes required. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 8. Delegations/Presentations 8.1 Natural Forces - Proposed Burchill Wind Project Presentation Ray Robinson, CEO of SJ Energy introduced Andy McCallum VP Business Developments Natural Forces the development partner for the proposed Burchill Wind Project. Referring to the submitted presentation entitled Proposed Burchill Wind Project Presentation Mr. McCallum outlined the credentials of Natural Forces and energy 3 E:3 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 projects the independent power company has conducted. The proposed Burchill Wind Project activities and timeline were outlined. Responding to a question "Would SJEnergy offer cash, loans or subsidy to the project?" Mr. Robinson responded: "SJ Energy has no financial participation in the project. We are purchasing the energy output from the project. Rates will not go up; they are fixed for a 25 year term." Moved by Councillor MacKenzie, seconded by Councillor Merrithew: RESOLVED that the Proposed Burchill Wind Project Presentation be received for information. IL 100000114Y1:k]k]11191 8.2 Area 506 Presentation Terry Wagner member of the Area 506 Organizing Committee provided an overview of the 2019 three day event held on the former Canadian Coast Guard site. The brand of Area 506 is to be located on a waterfront venue. The 2019 Area 506 event generated a $4.5 million dollar spin off. Looking forward to 2020, the Organizing Committee is asking to use the same site to host Area 506. Moved by Councillor Reardon, seconded by Councillor MacKenzie: RESOLVED that the Area 506 matter be referred to the City Manager to put the support staff in place so the event can happen again next year. MOTION CARRIED. Moved by Councillor Reardon, seconded by Councillor MacKenzie: RESOLVED that the Area 506 Presentation be received for information. IL IQI[Q0114Y1ilk] all1991 9. Public Hearings 6:30 PM 10. Consideration of By-laws Not being present for the public hearing, Councillors Armstrong and Reardon withdrew from the meeting. 10.1 Proposed Municipal Plan Amendment and Zoning By -Law Amendment re: Green Energy Development (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: CI COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 RESOLVED that a by-law entitled, "A By -Law Number C.P. 106-20 A Law to Amend the Municipal Plan By -Law" including amendments to the Municipal Plan policies including amending Sections 2.4 The Rural Areas, 2.5 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 to other relevant subsections/policies in order to facilitate Green Energy Developments, be read. MOTION CARRIED. In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By - Law Number C.P. 106-20 A Law to Amend the Municipal Plan By -Law" instead of being read in its entirety was read in summary as follows: "The Municipal Plan By -Law of The City of Saint John enacted on the 30th day of January, A.D., 2012 is amended by: a. 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. Establish in the Zoning Bylaw standards to regulate green energy development to capitalize on this emerging opportunity, while minimizing impact on the community." b. Deleting a portion of Section 2.5 Lands Common to the Primary Development Area and the Rural Areas and replacing it with the following: "Parks and Natural Areas are currently in a primarily natural state or would benefit from a re -naturalization and are not generally appropriate locations for development." Moved by Councillor MacKenzie, seconded by Councillor Hickey: RESOLVED that a by-law entitled, "A By -Law Number C.P. 106-20 A Law to Amend the Municipal Plan By -Law" including amendments to the Municipal Plan policies including amending Sections 2.4 The Rural Areas, 2.5 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 to other relevant subsections/policies in order to facilitate Green Energy Developments, be read a third time, enacted, and the Corporate Common Seal affixed thereto. IL [0000114L1:k]k]11191 ito] G1 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 Moved by Councillor Merrithew, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-82 A Law to Amend the Zoning By -Law of The City of Saint John", relating to Wind Energy and Solar Energy regulations, be read. MOTION CARRIED. In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By - Law Number C.P. 111-82 A Law to Amend the Zoning By -Law of The City of Saint John" instead of being read in its entirety was read in summary as follows: "The Zoning By -Law of The City of Saint John enacted on the fifteenth day of December, A.D., 2014 is amended by: a. Amending Section 3.1 by amending the following definitions: "Green Energy Development" means a project that accommodates renewable resource—related activities, such as wind energy development or solar energy development, but excludes biomass facilities, and is developed for a commercial power production. ii. "Solar Collector System" means a structure or array of structures, and ancillary equipment, designed to collect solar radiation and convert it to useable forms of energy. Solar collector systems may include, but are not limited to evacuated tubes, flat plate collectors, concentrating mirrors, and building -integrated photovoltaic materials, but does not include windows or greenhouses. May be used for servicing dwellings on the same site as a solar collector, but is intended for a commercial power production purpose. iii. "Solar Energy Development" means a project in which one or more solar collector will be installed for a commercial power production purpose. b. Amending Section 14.11 Green Energy (GE) Zone by making the following amendments: i. In Section 14.11(3) Zone Standards: Setbacks, amending the minimum separation distance of any habitable building external: 1. i. 100 metres from a solar collector system; Cd 11 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 ii. In Section 14.11(5) Zone Standards: Screening, amending the requirements by replacing a) and b) with the following: 1. a) A treed or earthen berm shall be in place prior to the operation of a solar energy development when abutting a residential lot or public road. 2. b) When a treed or earthen berm is provided, the height shall be at least 2 metres. iii. Removing Section 14.11(11) Decommissioning & Site Rehabilitation." Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-82 A Law to Amend the Zoning By -Law of The City of Saint John", relating to Wind Energy and Solar Energy regulations, 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. 111-82 A Law to Amend the Zoning By -Law of The City of Saint John." Councillors Armstrong and Reardon reentered the meeting. 10.2 Amendment to Common Council's Procedural By -Law (15t and 2nd Reading) Consideration was given to the submitted report entitled M&C 2019-265: Amendment to Common Council's Procedural By -Law. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", be amended by adding subsection 8.6.1 which would dictate the confidentiality of correspondence and associated material distributed to Council members by the Common Clerk in advance of the public distribution of the Council kit, pending public distribution of that kit, be read a first time. MOTION CARRIED with Councillor Sullivan voting nay. 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 Reardon: rA 12 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", be amended by adding subsection 8.6.1 which would dictate the confidentiality of correspondence and associated material distributed to Council members by the Common Clerk in advance of the public distribution of the Council kit, pending public distribution of that kit, be read a second time. MOTION CARRIED with Councillor Sullivan nay. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 10.3 City of Saint John Tourism Accommodation Levy By -Law (15t and 2nd Reading) Referring to the submitted report entitled M&C 2019-84: City of Saint John Tourism Accommodation Levy By -Law, the Deputy Commissioner of Growth and Development P. Ouellette illustrated the accommodation levy bylaw facets. The levy is enabled under the Local Governance Act. January 15t, 2020 is the proposed first day of the new Tourism Accommodation levy for Saint John. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A By -Law relating to a Tourism Accommodation Levy in The City of Saint John", be read a first time. IL 100000114Y1:k]k1111a Read a first time by title, the by-law entitled, "A By -Law relating to a Tourism Accommodation Levy in The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A By -Law relating to a Tourism Accommodation Levy in The City of Saint John", be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A By -Law relating to a Tourism Accommodation Levy in The City of Saint John." 11. Submissions by Council Members 11.1 Goods and Services Budget for Mayor and Common Council (Councillor Sullivan) Moved by Councillor Sullivan, seconded by Councillor Norton: 8 13 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 RESOLVED that Common Council direct the City Manager (Finance Committee) to report back to Council with a recommendation to reduce the Goods and Services budgets of the Mayor's Office and Common Council by at least 30%. The main motion lost precedence to a referral motion. Moved by Councillor Hickey, seconded by Deputy Mayor McAlary RESOLVED that the Goods and Services Budget for Mayor and Common Council be referred to the City Manager (Finance Committee) to report back to Council with a recommendation to reduce the Goods and Services budgets of the Mayor's Office and Common Council. IL [0000114L1:]:]11191 11.2 Bylaw Amendment regarding Composition of Common Council (Councillor Sullivan Councillor Sullivan moved a motion to amend the bylaw Composition of Council. No second obtained, the motion was not considered. Councillor Norton made a referral motion to the City Manager to review the Bylaw of the Composition of Common Council for future consideration. No second obtained, the motion was not considered. 11.3 Wage Escalation Policy (Councillor Sullivan) Responding to a question, the City Manager stated that the Council Salary Bylaw would require clerical adjustment to adopt the Wage Escalation Policy provisions. Moved by Councillor Sullivan, seconded by Councillor Casey: RESOLVED that the Bylaw to Provide for Salaries to the Members of the Common Council of the City of Saint John be referred to the City Manager to determine how best to include the Wage Escalation Policy within future considerations of Council salaries and report back. IL [0000114L1:k]k]11191 11.4 Dog Park on Harbourview Drive (Councillors Strowbridge and Merrithew) The City Manager stated there is an existing Policy for the Acceptance of Land for Public Purposes and use of LPP Trust Funds, however the policy is not well known. A public awareness program was recommended and a report back to Council with consideration of the Dog Park request before the May 2020 grant timeline. 01 14 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 Moved by Councillor Merrithew, seconded by Councillor Sullivan: RESOLVED that Common Council approve up to $15,000 be provided from the Land For Public Purposes budget to build a dog park on Harbourview Drive located in the Harbourview Subdivision at the old baseball field site. The main motion lost precedence to a referral motion. MOVED by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that Common Council refer the request concerning the Dog Park on Harbourview Drive to the City Manager for a public awareness program on the Land for Public Purposes program and report back before the May 2020 grant timeline. IL 100000MGM :k]k]11191 11.5 Presentation by Human Development Council (Councillor MacKenzie) Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the Human Development Council be invited to appear before Common Council to provide an overview of what is currently being offered, what is currently lacking and what Common Council could do to assist. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives Update (Verbal) Operations Manager, Finance and Administrative Services, K. Loughery commented on the financial savings attributed to the Greening Our Fleet initiative. The measures to reduce idling resulted in a reduction of 34,017.33 litres when comparing year numbers June - September 2018 and June - September 2019. Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the Continuous Improvement Update entitled Greening our Fleet be received for information. MOTION CARRIED. 12.2 Sustainability Update (Verbal) The City Manager provided a sustainability update referencing the following items: • weekly discussion with the Province to coordinate action sustainability • sustainability score card will be provided in November • Regional Management Task Force continues to meet 10 15 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 • At the November 4t" council meeting some of the 60+ sustainability initiatives and impact statements will be presented • Operational audit of the Sustaining Saint John Three Part Plan will be undertaken Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Sustainability Update be received for information. IL [0000114L1:]:]11191 12.3 Sea Can and Program Manager Initiative Moved by Councillor Merrithew, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-264: Sea Can and Program Manager Initiative, Council: 1. Approve $19,000 from the Growth Reserve towards the build of the Sea Can containers; and, 2. Support a 1 year trial of hiring an Uptown Program Manager; and, 3. Accept the support offered from Uptown Saint John Inc. for material costs towards Sea Can Washroom of approximately $33,000. MOTION CARRIED with Councillor Norton voting nay stating this is not an urgent matter at this time of fiscal sustainability to ensure existing services, and Deputy Mayor McAlary, and Councillors MacKenzie and Armstrong voting nay. 12.4 Supplemental Report — Spot Designation of Heritage Properties Heritage Planner E. Sampson and Deputy Commissioner Growth and Community Services A. Poffenroth presented to Council on the proposed framework for spot designation of Heritage Properties. Moved by Councillor Reardon, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-263: Supplemental Report — Spot Designation of Heritage Properties, Common Council direct Staff to incorporate the proposed framework and evaluation matrix for consideration of individual sites of potential heritage as Local Historic Places in the Phase 2 Heritage Conservation Areas By -Law revisions; and, Common Council acknowledging the continued status of those individual sites already designated as Heritage Conservation Areas, support the interpretation of Heritage Conservation Areas as cohesive areas or continuous designated streetscapes. MOTION CARRIED. 13. Committee Reports 11 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 I.A.F.F Local 771 Saint John Firefighters Association: Negotiation of new Collective Agreement Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the letter from the I.A.F.F Local 771 Saint John Firefighters Association re: Negotiation of new Collective Agreement be received for information. MOTION CARRIED. 15.2 Saint John Police Association - Notice to Bargain Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that letter from the Saint John Police Association re: Notice to Bargain be received for information. MOTION CARRIED. 15.3 Residents of Cosy Lake Road re: ATV Traffic Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the letter from Residents of Cosy Lake Road re: ATV Traffic be referred to the City Manager and Police Chief. IL [00]►[4L1ilk] ilk] 11193 15.4 Sponsorship Request - Saint John Vito's Major Midget AAA Hockey Program Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Sponsorship Request - Saint John Vito's Major Midget AAA Hockey Program be received for information. IL 10000►[4L1ilk] ilk] I1191 15.5 Letter from ME Carpenter re: Transit Litigation Moved by Councillor Reardon, seconded by Deputy Mayor McAlary: RESOLVED that the letter from ME Carpenter re: Transit Litigation be referred to the Transit Commission. IL 10000►[4L1ilk] ilk] I1191 17 12 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 15.6 Ticket Purchase Request - Canadian Red Cross Power of Humanity Awards Dinner Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the Ticket Purchase Request - Canadian Red Cross Power of Humanity Awards Dinner be referred to the Clerk's Office to purchase tickets for interested Council members. IL 10000►[4L1:k]k]11191 15.7 R. Peterson re Cutbacks to Bus Service Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the R. Peterson Letter re Cutbacks to Bus Service be referred to the City Manager and the Transit Commission. IL 10000►[4L1:k]k]11191 16. Supplemental Agenda 17. Committee of the Whole 17.1 Economic Development Framework Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the Committee of the Whole having met on October 211t, 2019 Council approves that the City contribute $70,000 through the Growth Reserve Fund towards the transition and implementation of an aligned economic development framework. MOTION CARRIED with Councillor Armstrong voting nay. 17.2 Appointments to Committees: Sustainability Ad Hoc Committee of Council Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on October 21, 2019 Common Council approves the following appointment: Sustainability Ad Hoc Committee of Council: to appoint Mayor Don Darling, Councillor David Merrithew and Councillor Donna Reardon 18. Adjournment Moved by Councillor Armstrong, seconded by Councillor MacKenzie: 13 iF:3 COMMON COUNCIL/ CONSEIL COMMUNAL October 21, 2019 / le 21 octobre 2019 RESOLVED that the meeting of Common Council held on October 21, 2019, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:02 p.m. 14 1 41 COUNCIL REPORT M&C No. 2019-268 Report Date October 22, 2019 Meeting Date November 04, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: GEOGRAPHIC INFORMATION SYSTEMS ENTERPRISE SOFTWARE LICENSE RENEWAL OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yves Leger Neil Jacobsen John Collin RECOMMENDATION It is recommended that the City renew its enterprise software agreement with Environmental Systems Research Institute, Inc. (Esri) for a term of 3 years in the form as attached to M&C No. 2019-268 for $64,120 (plus applicable taxes) for the first year, $65,260 (plus applicable taxes) for the second year and $66,420 (plus applicable taxes) for the third year, and further that the Mayor and Common Clerk be authorized to execute the Small Enterprise Agreement Local Government in the form already approved by the Legal Department as well as the attached Quote and Sales Proposal. EXECUTIVE SUMMARY The current three-year Small Local Government Enterprise License Agreement is set to expire November 30, 2019. A new three-year Small Enterprise Agreement Local Government, which would be in effect from December 1, 2019 until November 30, 2022, has been proposed by the software vendor (esri Canada). This is the standard pricing for municipalities with a population between 50,000 and 100,000. PREVIOUS RESOLUTION None. 491 -2 - STRATEGIC ALIGNMENT The Geographic Information Systems software is integral to City operations. Most municipal business processes are location -dependent, making the GIS a critical part of the City's overall information systems. This is true whether the information relates to infrastructure, assets, facilities, transportation, by-laws or customers. The Geographic Information Systems software facilitates the collection, management, analysis and dissemination of location -based information. GIS is an essential tool required to perform complex spatial analysis; the results of which are used to make evidence -based decisions to enable efficiencies and ensure services are strategically aligned with Council's priorities. As such, GIS aligns with Council's priority of Growth & Prosperity by providing the tools necessary to analyze density and property assessments as well as a mapping platform for planning and development purposes. GIS aligns with Council's priority of a Vibrant, Safe City by providing a public mapping platform for transit routes, recreational areas as well as providing critical information to emergency services and the Public Safety Communications Center. GIS aligns with Council's priority of Valued Service Delivery by being the database of record for the asset management system and by providing the analytical tools necessary to improve service delivery efficiency. SERVICE AND FINANCIAL OUTCOMES This is a three (3) year contract with the following expenditures: - Year 1: $64,120 (plus tax) software licensing fee - Year 2: $65,260 (plus tax) software licensing fee - Year 3: $66,420 (plus tax) software licensing fee The total cost to the City of Saint John for the licensing of the Enterprise GIS software over the next three (3) years, as proposed by esri Canada, will be $195,800 plus tax. This is a planned expenditure for which the funds are allocated in the Geographic Information Systems service area's operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Legal Department reviewed the Small Enterprise Agreement Local Government, provided input to staff, and approved the version attached to this report as to form and legality. 21 -3 - ATTACHMENTS Esri Small Government Enterprise Agreement Quote #: 00019102 Sales Proposal Small Enterprise Agreement Local Government (E214i) WA Gesri Canad? Customer/Client City ofSaint John Finance and Administrative Services 15 Market PO Box 1971 Saint John, NBE2L4L1 Canada Attn/A|'aMmndondm: Yves Leger Dept / Service: Planning &Development Services U�"�� Proposal ��" ������" Sales Quote #/N"dmproposition 00019102 Page 1of/de 4 /m"nnution Sales Quote #/N"dm|aproposition: 00019102 Document Date / Date dudocument: 201S'074S Customer #/N"dmclient: 100884 Currency /Monnaim::CAD Validity Start Date /Debut dm|ap6hodmdmva|idit6:: 2019'0749 Validity End Date / Fin dm |a p6hodm dmva|idit6:: 201941'30 Sales Contact /Rmpr6mmn0ant:Nick DeMevchant unm# Material Description mv omvwu List Price Extended Price m°lignv pmouu/ovscnptwn ow Comm Paxvnurant rnta/»ome/ 1 7000128 1 El $64,120.00 EA $04.120.00 EohSmall Local Government Enterprise License Agreement ' Population 5VKto1VVK Term Licenses GubTotaVTotal Partiel $64,120.00 GubTotaVTotal Partiel $04.120.00 Total $64,120.00 23 Qesr*i pili sal a es Prop0 Canada IIII Ilii Sales Quote # / N1 de proposition 00019102 Page 2 of/de 4 Terms and Conditions GENERAL TERMS 1. The information in this proposal is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, re- transmission, dissemination, or other use of, or taking of any action in reliance to this information by persons, or entities, or other than the intended recipient, is prohibited. 2. Prices do not include applicable taxes or shipping unless specifically stated. 3. Unless otherwise quoted, prices do not include travel and expenses. 4. Prices quoted are based on fulfillment of the entire order. Any changes are subject to a revised quotation. 5. Other than non -conflicting deliverables descriptions, quantities, pricing and delivery instructions any terms contained in any customer purchase order or other customer ordering document will not apply and are of no effect. No such terms override the terms of this document irrespective of the date of issuance of the purchase order or other customer ordering document or any performance or action by us unless we expressly agree in writing. 6. These general terms apply to all orders. PRODUCT OFFERING TERMS 7. Esri Products Terms. Environmental Systems Research Institute, Inc. (Esri) is the third -party licensor for all Esri products listed under this quote which are ordered from Esri Canada. (a) Unless superseded by a signed Esri license agreement, all such Esri products shall be licensed only under Esri's standard licensing terms and conditions which are available online on Esri's website at https://www.esri.com/en-us/legal/terms/master-agreement-product as updated by Esri from time to time and may be requested separately from Esri Canada (Esri Products Licensing Terms). Esri provides the most current version of its governing Esri Products Licensing Terms on its website for licensees to review periodically for updates. (b) For Esri products licensed through click -through licensing, customer agrees that the click -through version of the Esri Products Licensing Terms is required to be accepted by the customer during the product installation process for such Esri products. A copy of the applicable click -through version of the Esri Products Licensing Terms may also be requested separately from Esri Canada. (c) You may have an existing signed Esri license agreement on file that covers your order for Esri products. If so, please reference the applicable Esri license agreement number on your purchase order. To clarify, unless superseded by your signed Esri license agreement, the Esri Products Licensing Terms will apply to your order. 8. Latitude Products Terms. Latitude Geographics Group Ltd. (Latitude) is the third -party licensor for all Latitude products listed under this quote which are ordered from Esri Canada. Unless superseded by a signed Latitude license agreement, all such Latitude products shall be licensed only under the terms and conditions of the Latitude click -through license agreement which is available on Latitude's website at https://www.geocortex.com/legal/ as updated by Latitude from time to time and may be requested separately from Esri Canada. 9. DigitalGlobe Product Terms. Digital Globe, Inc. (DigitalGlobe) is the third -party licensor for all DigitalGlobe products listed under this quote which are ordered from Esri Canada. All such DigitalGlobe products listed under this quote shall be licensed only under DigitalGlobe's applicable standard licensing terms and conditions for such DigitalGlobe products which are available on DigitalGlobe's website at http://www.digitaiglobe.com/legal/information as updated by DigitalGlobe from time to time and may be requested separately from Esri Canada (DigitalGlobe Product License Terms). By signing this proposal, accessing or using the DigitalGlobe product(s) you acknowledge that you have read, understand and agree to comply with the DigitalGlobe Product License Terms. 10. Other Third -Party Products Terms. Other third -party licensor products listed on this quote are governed by the applicable third -party licensor's licensing terms and conditions either available on such third -party licensor's website or provided separately by Esri Canada. 11. Other General Product Terms: (a) For products listed under this quote subject to click -through licensing (Click -Through Products), the completion of the acceptance process of the applicable product click -through license agreement shall be binding on the customer invoiced in this quote. (b) Products are not typically delivered with physical media. Applicable fees may apply if physical media is required. (c) Unless otherwise agreed by Esri Canada in writing, all ordered products shall be delivered to customer with applicable product installation access information and materials (Product Delivery) and at any time prior to Product Delivery (Cancellation Period) customer may cancel its order by providing a written order cancellation notice to Esri Canada (Order Cancellation Notice). Customer's order for products (inclusive of Click -Through Products) shall be final and binding upon the expiration of the Cancellation Period unless Esri Canada is in receipt of a valid Order Cancellation Notice. (d) All disclaimers and limitations of liability for the benefit of Esri Canada in the applicable license agreement shall apply to this order. (e) All licensor product program offerings listed under this quote (e.g., educational programs and enterprise licensing programs) will be governed by the applicable program specific terms and conditions required for such offering and provided separately by Esri Canada. 12. Product Maintenance and Support. Esri Canada provides maintenance and technical support for eligible products ordered from Esri Canada in accordance with Esri Canada's most current version of its applicable Software Maintenance Program Policy available on Esri Canada's website at http://www.esri.ca/softwaremaintenance and may also be requested separately from Esri Canada. TRAINING OFFERING TERMS 13. Training listed under this quote which is delivered by Esri Canada as an open enrollment instructor -led training course will be provided in accordance with Esri Canada's open enrollment terms and conditions available on Esri Canada's website at https://esri.ca/trainingterms and may be requested separately from Esri Canada. 14. Training listed under this quote which is delivered by Esri Canada as a client -specific instructor -led training course will be governed by Esri Canada's required Service Request terms and conditions. 15. Prepaid Esri Canada instructor -led training listed under this quote will be governed by the terms and conditions of the related Esri Canada proposal letter referencing this quote and Esri Canada's open enrollment terms and conditions available on Esri Canada's website at https://esri.ca/trainingterms and may be requested separately from Esri Canada. 16. All third -party delivered training offerings listed under this quote will be governed by the applicable training terms and conditions as required by the third -party which will be provided separately by such third -party. ESRI CANADA ENTERPRISE ADVANTAGE PROGRAM OFFFERING TERMS 17. An Esri Canada Enterprise Advantage Program (EAP) offering listed under this quote will be governed exclusively by Esri Canada's required EAP offering terms and conditions and any additional payment terms included in an Esri Canada issued invoice. 24 Gesri Canad? Conditions CONDITIONS GENERALES Sales Proposal Sales Quote # / N' de proposition 00019102 Page 3 of/de 4 1. Les informations contenues dans la presente proposition sont destinees uniquement a la personne ou a I'entite a laquelle elles s'adressent et peuvent contenir des informations confidentielles ou privilegiees. Toute prise de connaissance, analyse, retransmission, diffusion ou autre utilisation de ces informations de meme que toute action fondee sur ces informations par des personnes ou des entites autres que Ie destinataire prevu sont interdites. 2. Les prix n'incluent pas les taxes applicables ni les frais d'expedition, sauf indication contraire. 3. Sauf indication contraire, les prix ne comprennent pas les frais de deplacement ni les depenses ou debourses. 4. Les prix indiques sont bases sur 1'execution de I'integralite de la commande. Toute modification pourrait faire l'objet d'un devis revise. 5. A 1'exception des descriptions des produits Iivrables, des quantites, des prix et des instructions de Iivraison qui ne sont pas contradictoires, les conditions contenues dans tout bon de commande ou autre document de commande du client ne s'appliquent pas et Wont aucun effet. Aucune condition stipulee dans un tel bon de commande ou autre document de commande du client ne peut remplacer I'une ou I'autre des conditions du present document, et ce, sans egard a la date d'emission du bon de commande ou de I'autre document de commande du client, ni a toute action ou prestation de notre part, a moins que nous I'ayons expressement approuvee par ecrit. 6. Les presentes conditions generales s'appliquent a toutes les commandes. CONDITIONS DE L'OFFRE DE PRODUITS 7. Conditions d'utilisation des produits Esri. Environmental Systems Research Institute, Inc. (Esri) est Ie concedant de licence tiers pour tous les produits Esri enumeres dans Ie present devis qui sont commandes aupres d'Esri Canada. (a) A moins qu'elles soient remplacees par un contrat de licence Esri dument signe, les licences de tous ces produits Esri peuvent uniquement etre octroyees en vertu des conditions standards de licence d'Esri disponibles sur Ie site web d'Esri https://www.esri.com/en-us/legal/terms/master-agreement-product telles que mises a jour de temps a autre par Esri. Ces conditions peuvent etre obtenues separement aupres d'Esri Canada (Conditions des licences de produits Esri). Esri fournit la plus recente version des Conditions des licences de produits Esri sur son site web. Les detenteurs de licence sont invites a consulter regulierement les mises a jour de ces conditions. (b) Dans Ie cas des produits Esri sous licence en vertu d'un contrat d'achat au clic, Ie client reconnait que la version des Conditions des licences de produits Esri applicable Tors de I'achat au clic doit etre acceptee par Ie client pendant Ie processus d'installation de ces produits Esri. II est egalement possible d'obtenir separement une copie de la version applicable des Conditions des licences de produits Esri pour les licences achetees au clic aupres d'Esri Canada. (c) 11 se peut que vows disposiez actuellement d'un contrat de licence Esri dument signe couvrant votre commande de produits Esri. Si tel est Ie cas, veuillez indiquer Ie numero de la licence Esri applicable sur votre bon de commande. Pour plus de clarte, a moins d'etre remplacees par votre contrat de licence Esri dument signe, les Conditions des licences de produits Esri s'appliqueront a votre commande. 8. Conditions d'utilisation des produits Latitude. Latitude Geographics Group Ltd. (Latitude) est Ie concedant de licence tiers pour tous les produits Latitude enumeres dans Ie present devis qui sont commandes aupres d'Esri Canada. A moins d'etre remplacees par un contrat de licence Latitude dement signe, les licences de tous ces produits Latitude peuvent uniquement etre octroyees en vertu des conditions de licence des produits Latitude achetes au clic disponibles sur Ie site web de Latitude au https://www.geocortex.com/legal/ telles que mises a jour de temps a autre par Latitude. Ces conditions peuvent etre obtenues separement aupres d'Esri Canada. 9. Conditions d'utilisation des produits DigitalGlobe. DigitalGlobe, Inc. (DigitalGlobe) est Ie concedant de licence tiers pour tous les produits DigitalGlobe enumeres dans Ie present devis qui sont commandes aupres d'Esri Canada. Les licences de produits DigitalGlobe enumeres sur Ie present devis peuvent uniquement etre octroyees en vertu des conditions standards de licence applicables d'DigitalGlobe pour ces produits DigitalGlobe disponibles sur Ie site web d'DigitalGlobe http://www.digitaiglobe.com/legal/information telles que mises a jour de temps a autre par DigitalGlobe. Ces conditions peuvent etre obtenues separement aupres d'Esri Canada (Conditions des licences de produits DigitalGlobe). En signant cette proposition, en accedant au produits DigitalGlobe ou en l'utilisant les produits DigitalGlobe, vous reconnaissez que vows avez Iu, compris et accepte de vous conformer aux du Conditions des licences de produits DigitalGlobe. 10. Conditions d'autres produits tiers. Les autres produits de tiers concedants de licence enumeres sur Ie present devis sont regis par les conditions de licence applicables du tiers concedant de licence, qui sont disponibles sur Ie site web de ce tiers concedant de licence ou fournies separement par Esri Canada. 11. Autres conditions generales sur les produits. (a) Pour tous les produits enumeres dans Ie present devis qui peuvent etre obtenus en vertu d'une licence achetee au clic (Produits achetes au clic), Ie fait de completer Ie processus d'acceptation de la licence achetee au clic Iiera (egalement Ie client figurant au present devis. (b) Les produits ne sont generalement pas livres avec des supports physiques. Des frais applicables peuvent s'appliquer si des supports physiques sont requis. (c) A moins d'une entente ecrite a 1'effet contraire acceptee par Esri Canada, tous les produits commandes doivent etre fournis au client avec l'information et Ie materiel adequats donnant acces a l'installation (Livraison du produit). A tout moment avant la Iivraison du produit (Periode d'annulation), Ie client peut annuler sa commande, a condition d'envoyer un avis d'annulation de commande ecrit a Esri Canada (Avis d'annulation de commande). La commande de produits du client (y compris les Produits achetes au clic) sera definitive et executoire a 1'expiration de la Periode d'annulation, a moins qu'Esri Canada ait regu un Avis d'annulation de commande valide. (d) Toutes les renonciations et les limitations de responsabilite au benefice d'Esri Canada dans le contrat de licence applicable s'appliquent a la presente commande. (e) Toutes les offres de programmes des concedants de licence enumerees dans Ie present devis (p. ex., les programmes de formation et les programmes de licences pour les entreprises) seront regies par des conditions propres et applicables a ces programmes, et fournies separement par Esri Canada. 12. Entretien et assistance pour les produits. Esri Canada fournit des services d'entretien et d'assistance technique pour les produits admissibles commandes aupres d'Esri Canada conformement a la version la plus recente de sa politique du programme d'entretien des Iogiciels disponible sur Ie site web d'Esri Canada au https://esri.ca/fr/assistance/service-a-laclientele/entretien-de-logiciels. 11 est egalement possible d'en obtenir une copie separement aupres d'Esri Canada. CONDITIONS DES OFFRES DE FORMATION 13. La formation mentionnee dans le present devis qui prend la forme d'un cours magistral ouvert a tous offert par Esri Canada sera offerte conformement aux conditions de la formation ouverte a tous d'Esri Canada disponibles sur le site web d'Esri Canada a I'adresse https://esri.ca/conditionsdeformation. Ces conditions peuvent egalement etre obtenues separement aupres d'Esri Canada. 14. La formation mentionnee dans le present devis qui prend la forme d'un cours magistral propre au client offert par Esri Canada sera regie par les conditions de la demande de service d'Esri Canada exigees par cette derniere. 15. La formation mentionnee dans le present devis qui prend la forme d'une formation prepayee dispensee par des instructeurs d'Esri Canada sera regie par les conditions de la lettre de La formation mentionnee dans le present devis qui prend la forme d'un cours magistral propre au client offert par Esri Canada sera regie par les conditions de la demande de service d'Esri Canada exigees par cette derniere. proposition d'Esri Canada faisant reference au present devis et par les conditions de la formation ouverte a tous d'Esri Canada disponibles sur le site web d'Esri Canada a I'adresse https://esri.ca/conditionsdeformation. Ces conditions peuvent egalement etre obtenues separement aupres d'Esri Canada. 16. Toutes les offres de formation fournies par des tiers et repertoriees dans la presente proposition seront regies par les conditions de formation applicables, requises parla tierce partie. Ces conditions seront fournies separement par cette tierce partie. CONDITIONS DU PROGRAMME AVANTAGES AUX ENTREPRISES D'ESRI CANADA 17. Une offre de programme Avantage aux entreprises d'Esri Canada (PAE) indiquee dans le present devis sera regie exclusivement par les conditions de l'offre de PAE exigees par Esri Canada et par toute condition de paiement supplementaire incluse dans une facture emise par Esri Canada. 25 Gesri Canad? This proposal accepted for the purchaser / La presente proposition est acceptee par: Name (Print) / Nom de la personne autorisee (en caracteres d'imnprimnerie) Title / Fonction Full legal name of Purchaser/ Nom officiel complet de I'acheteum Signature Date Purchase Order Number (if known) / N° du bon de coimmande (s'il est connu) Sales Proposal Sales Quote # / N° de proposition 00019102 Page 4 of/de 4 When purchasing ArcGIS Online Named Users, provide the applicable ArcGIS Online Subscription ID(s) : Proposal acceptance / Acceptation de la proposition Check the box to confirm addresses below. Update in the address correction box below. m¢Jhez ¢:,aette «.ase Dour «.onf rimei I adiresse «.i u: essous nda quuei' tou to imodfkaailon dans la «.ase appropi ia"e «: dessous Invoice To / Facturer a ❑ Ship To / ILivrer d ❑ End User/ Nom de l'utilisateur final City of Saint John City of Saint John City of Saint John 15 Market Sq 15 Market Sq PO Box 1971 15 Market Sq PO Box 1971 Saint John, NB E2L 41_1 Saint John, NB E2L 41_1 Saint John, NB E2L 41_1 Canada Canada Canada Attn / A I'attention de: Yves Leger Attn / A I'attention de: Yves Leger Dept / Service: Planning & Development Dept / Service: Planning & Development Services Services Tel / Tel: (506) 674-4229 Tel / Tel: (506) 674-4229 Address Correction ❑ Address Correction ❑ Address Correction FE E_ Esri Canada Contact information To process this order, please contact Esri Canada Customer Care with your Purchase Order Number by faxing this confirmation to 416-441-0681 or scanned confirmation by e-mail to customercare@esri.ca. Coolydonnees d"Esd Canada Pour traiter la presente commande, communiquez votre numero de bon de commande au service a la clientele d'Esri Canada en telecopiant la presente confirmation au 416-441-0681 ou encore en 1'envoyant, numerisee, par courriel a culstomelrcalre@eslri.ca. Physical media required (fees may apply) / Demande de logiciel sur support physique (des ffrais peuvent s"appliques): Provide any additional details below/ Directives du client: Please report any discrepancies to Customer Care at 1-800-447-9778 or customercare@esri.ca. Veilliez nous avisem de toute einreum a custoimemcame@esmi.ca ou en telephonant au 1-800-447-9778 26 Yes/Oui ❑ esn d Canada r July 19, 2019 Mr. Yves Leger GIS Manager City of Saint John Finance and Administrative Services 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 Esri Small Government Enterprise Agreement Ouote # 00019102: Dear Mr. Leger, I f / MANAGED i%- COMPAN I ES Thank you for your ongoing interest in Environmental Systems Research Institute, Inc. (Esri) software at your organization. As follow up to our discussions on renewing the Esri Small Government Enterprise Agreement (SG - EA) for the City of Saint John, I am pleased to provide you with our proposal outlining Esri's SG -EA program offering. The Esri SG -EA is a three-year agreement that grants your organization access to the Esri software listed below on an unlimited basis including maintenance and unlimited technical support provided by Esri Canada on all software offered through the SG -EA for the term of the agreement. Once executed, the SG -EA will be effective on the date following the expiry date of your current Esri SG -EA, November 30, 2019 and will require a firm, three-year commitment. The Esri SG -EA program includes unlimited access by your organization during the term of the agreement to the Esri software listed below. Licenses are valid for the term of the SG -EA. ArcGIS for Desktop Software - Advanced, Standard and Basic. ArcGIS for Desktop Extensions - 3D Analyst, Spatial Analyst, Geostatistical Analyst, Publisher, Network Analyst, Schematics, ArcGIS Workflow Manager, Data Reviewer. ArcGIS Enterprise — Advanced and Standard (Enterprise and Workgroup). ArcGIS Enterprise Extensions- 3D Analyst, Geostatistical Analyst, Workflow Manager, Network Analyst, Spatial Analyst, Schematics. ArcGIS Enterprise Optional Server — Image Server. ArcGIS Engine. ArcGIS Engine Extensions - 3D Analyst, Spatial Analyst, Geodatabase Update, Network Analyst, Schematics. ArcGIS Runtime - Standard. ArcGIS Runtime Analysis Extension. The Esri SG -EA program includes limited licenses of the following Esri software including the additional benefits listed below during the term of the SG -EA: Suite 105A — 1133 Regent Stireet r 506 454 7373 Frede6cton, NB E3B 3Z2 27 F 902 492 3912 esri.ca ArcGIS Developer Subscription — One (1) annual Professional subscription to ArcGIS Developer. Esri CityEngine — Two (2) Single Use Licenses. ArcGIS Online User Types — 250 Viewer (Formerly Level 1), 250 Creator (Formerly Level 2) ArcGIS Online Service Credits — 37,500. ArcGIS Enterprise User Type — Unlimited Viewer (Formerly Level 1), 250 Creator (Formerly Level 2). Insights for ArcGIS Enterprise — Five (5) Licenses. Insights for ArcGIS Online — Five (5) Licenses. Esri International User Conference Registration Passes — Four (4) complimentary registrations for Esri International User Conference for each year the SG -EA is in effect. Authorized Technical Support Callers — Four (4) named callers for technical support. Self -Paced e -Learning (Web training) - Uncapped access to the Esri training site included during agreement term, as covered under standard maintenance. The SG -EA fee for your earmarked 3 -year period is a lump sum of $195,800.00 which is payable in annual installments as follows: Year 1 Year 2 Year 3 $64,120 $65,260 $66,420 Note: Applicable taxes are not included. All current departments, employees, and in-house contractors of the organization will be eligible to use the Esri software and services listed above. The following key business terms and conditions will apply: • For existing users of Esri software, your organization must be current in maintenance to initiate an Esri SG -EA if those products are part of the agreement. • If your organization wishes to acquire and/or maintain any Esri software during the term of the Esri SG - EA that is not included in this proposal, it may do so separately from the SG -EA at the current pricing that is available for your organization for software and maintenance. • The Esri software and services included in this proposal may only be deployed and used by the departments and employees licensed to participate in the Esri SG -EA. • Esri technology that may be embedded in third -party products that your organization licensed or may acquire is not included under the Esri SG -EA. • Your organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. • The first annual installment payment of the SG -EA will be due within 30 days of the effective date of the Esri SG -EA. The second and third annual installment payments will be due within 30 days of the anniversary date of the effective date of the SG -EA. 2 K-11 • Your organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate up to two individuals who may directly contact Esri Canada for Tier 2 technical support. • Your organization will provide an annual report of installed Esri software to Esri Canada. • Esri software and updates that your organization is licensed to use will be available for download automatically as they become available. • Your organization will act as an Esri reference site and will permit Esri to publicize its use of Esri software and services. • Licenses are valid for the term of the SG -EA. • The SG -EA entitlements and benefits available to your organization are conditional upon your organization being current in its payments of the applicable annual SG -EA fee installments. This offer is valid until November 30, 2019. To accept this proposal, please have this proposal and the enclosed Esri SG -EA signed by an authorized signatory of your organization and return a signed copy of both the proposal and the whole Esri SG -EA to my attention. By accepting this proposal your organization unconditionally acknowledges and agrees that in addition to the terms and conditions set out under this proposal, the order arising from this proposal is governed by the terms and conditions of the applicable Esri SG -EA and that no additional or different terms or conditions other than those expressly approved in writing by Esri and Esri Canada shall be binding on this order. I appreciate the opportunity to present you with this proposal. If you have any questions or require additional information, please contact me at (506) 454-7773 or email at ndemerchant(a_�esri.ca. Otherwise, I will follow up with you within the next few weeks. Thank you very much for your consideration. Best regards, Nick DeMerchant Account Manager Wel This Esri SG -EA Proposal is Accepted and Agreed on behalf of By: Authorized Signature Name: Title: Date: 091 Esri&se Only: Cust.Namo Cust.# PO# EohAgreement # SMALL 1ENTIERIPFRISE AGREEMEN I LOCAI GOVERNKIENT This Agreement iobyand between theorgunizaon|isto below ("Customer"); Environmental Systems Research Institute, Inc. ("Esrl"); and the Authorized Distributor listed on the signature page (~Authorized Distributor"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. The modifications and additional rights granted in this Agreement apply only bothe Products listed inTable A. T&We A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcG|SDesktop Advanced AroG|SDesktop Standard AroG|SDesktop Basic AmG|8Desktop Extensions: ArcG|S3OAnalyst, AroG|S Spatial Ana|yat, AroG|S Geoatatiatice| Analyst, AvcG|SPublisher, AroG|3Network Analyst, AncG|GSchematics, AroG|8Workflow Manager, AmG|SData Reviewer Enterprise Software and Extensions AroG|SEnterprise and VVnrkgroup (Advanced and Standard) AroG|8 Enterprise Extensions: AmG|S3OAnalyst, AmG|SSpatial Analyst, /\vcG|S <SeostaUatica| Analyst, ArcG|8 Network Analyst, ArcG|S Schematics, Av:G|SWorkflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcG|8EnQine AroG|SEngine Extensions: AncG|S3UAnalyst, ArnG|8Spatial Analyst, Anc8|SEngine Gaodababamo Update, AncG|SNetwork Analyst, AvoG|SSchematics AroG|SRuntime (Standaod) ArnG|8 Runtime Analysis Extension Limited Quantities One (1) Professional subscription 1oAncG|S Developer* Two (2)EohQtyEngineAdvanced Single Use Licenses OTHER BENEFITS ArcGIS Online Service Credits+ Insights for ArcGIS for use with ArcGIS Enterprise** Insights for ArcGIS for use with ArcGIS Online" Number of Esri User Conference registrations provided annually *Maintenance ionot provided for these items °°Thoquantity ofUsers iespecific huthe Enterprise Agreement level +The quantity of Users and credits are specified in the corresponding program description Page 1ofo 31 March 15, 2019 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Authorized Distributor's or Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). An executed Agreement transmitted through electronic means, such as fax or e-mail, is valid and binding even if an original paper document bearing each party's original signature is not delivered. Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTC)NIIIER CONTACT 11141"ORNIA111011Y Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable): Telephone: E-mail: (Authorized Distributor) By: Authorized Signature Printed Name: Title: Date: ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (Esri) B. Authorized Sig6iture Printed Name: William C. Fleming Title: Director, Contracts and Legal Page 2 of 5 0 March 15, 2019 1.0 MIITICIt' X. DEFINMONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at htkrs:lt esri.comllegallsoftware-license and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Authorized Distributor or Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. Customer will receive Tier 2 Support from the Authorized Distributor. . DIDHIOINM GRANT oir. UcIFHI sE 2A Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0 ---TERM, TEI M, (TERMINATION, AND ExPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 302 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- owned entities, either party may terminate this Page 3 of 5 091 March 15, 2019 Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. .5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4. _..... ... PRl,Ax"r LIPDATt,,,: 4.1 Future Updates. Esri reserves the right to a. Trier 1 Support f. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2„ The Tier 1 Help Desk will be fully trained in the Products. ,. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. update the list of Products in Table A—List of 4 The Tier 1 Help Desk will be the initial point Products by providing written notice to of contact for all questions and reporting of a Customer. Customer may continue to use all Case. The Tier 1 Help Desk will obtain a full Products that have been Deployed, but support description of each reported Case and the and upgrades for deleted items may not be system configuration from the user. This available. As new Products are incorporated into may include obtaining any customizations, the standard program, they will be offered to code samples, or data involved in the Case. Customer via written notice for incorporation into the Products schedule at no additional charge. 5. If the Tier 1 Help Desk cannot resolve the Customer's use of new or updated Products Case, an authorized Tier 1 Help Desk requires Customer to adhere to applicable individual may contact Tier 2 Support. The additional or revised terms and conditions in the Tier 1 Help Desk will provide support in such Master Agreement. a way as to minimize repeat calls and make solutions to problems available to 4.2 Product Life Cycle. During the Term of Customer's organization. Agreement, some Products may be retired or may no longer be available to Deploy in the 6. Tier 1 Help Desk individuals are the only identified quantities. Maintenance will be subject individuals authorized to contact Tier 2 to the individual Product Life Cycle Support Support. Customer may change the Tier 1 Status and Product Life Cycle Support Policy, Help Desk individuals by written notice to which can be found at Authorized Distributor. htt:dfsula�rort.esri.comien(content/ roductlifeo cl Vis. Updates for Products in the mature and i,,). 'rier 2 Support retired phases may not be available. Customer may continue to use Products already Deployed, 1. Tier 2 Support will log the calls received but Customer will not be able to Deploy retired from Tier 1 Help Desk. Products. . Tier 2 Support will review all information collected by and received from the Tier 1 --I IAINTENAIINCE Help Desk including preliminary documented . troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. The Fee includes standard maintenance benefits during the Term of Agreement as specified in the 3. Tier 2 Support may request that Tier 1 Help most current applicable Authorized Distributor Desk individuals provide verification of software maintenance policy as modified by this information, additional information, or Article 5.0—Maintenance. At Esri's sole discretion, answers to additional questions to Esri may make patches, hot fixes, or updates supplement any preliminary information available for download. No Software other than the gathering or troubleshooting performed by defined Products will receive Maintenance. Tier 1 Help Desk. Customer may acquire maintenance for other Software outside this Agreement. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. Page 4 of 5 March 15, 2019 When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). o---ENIfDDIR&:.,,MENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. . DM INISa°RTMEE UIREMllH.INT 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide the Authorized Distributor with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. .0... ........ MERGIE,P , AcQuI ITI INE, D DIIIf TITURIES If Customer is a commercial entity, Customer will notify Authorized Distributor and Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 8.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Authorized Distributor and Esri reserve the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. .2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 83 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Authorized Distributor and Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 5 of 5 W March 15, 2019 1 41 COUNCIL REPORT M&C No. 2019-272 Report Date October 24, 2019 Meeting Date November 04, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: National Disaster Mitigation Program (NDMP) Funding Sub -Contribution Agreements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Susan Steven -Power Brent McGovern/ Brian Keenan John Collin RECOMMENDATION It is recommended that Common Council authorize the Mayor and Common Clerk to execute the attached two Funding Sub -Contribution Agreements under the National Disaster Mitigation Program: Saint John River Flood Mitigation Plan, and Flood Proofing Design for Musquash Water Pumping Station. EXECUTIVE SUMMARY The purpose of this report is to request that Common Council authorize the Mayor and Common Clerk to execute the attached two Sub -Contribution Agreements under the National Disaster Mitigation Program. PREVIOUS RESOLUTION December 18, 2018; 2019 General Fund Operating Budget approved. July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Program approved with cost shared funding indentified. 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. The City is also being Financially Responsible through the generation of revenue from alternative 01.1 -2 - REPORT BACKGROUND The Government of Canada introduced the National Disaster Mitigation Program (NDMP) as part of their commitment to build safer and more resilient communities. The NDMP addresses rising flood risks and costs, and builds the foundation for informed mitigation investments that could reduce, or even negate, the effects of flood events. The provincial and territorial governments are the eligible recipients for funding under this program but they may also redistribute the funding to eligible entities, such as municipal or other local governments, public sector bodies, private sector bodies, band councils, international non-government organizations or any combination of these entities. The City of Saint John submitted two separate funding applications for the NDMP to the Province — the Saint John River Flood Mitigation Plan and Flood Proofing Design for Musquash Water Pumping Station. The Province forwarded the two submissions to the Federal government and the Federal government commited to providing a total of $263,000 in funding for these projects (50%). The remaining 50% will be funded by the City of Saint John ($244,000 Utility Fund Capital; $19,000 General Fund Operating). The Province will not provide any funding for this work but will channel the funding from the Federal government to the City. ANALYSIS The City of Saint John has been advised by letter from the New Brunswick Emergency Measures Organization Recovery Manager, Lisa Munn, on behalf of the New Brunswick Minister of Justice and Public Safety, that funding under the NDMP has been approved for the aforementioned two projects and that the funds will be allocated to the projects subject to the terms and conditions outlined in the Sub - Contribution Agreements and Main Contribution Agreement attached. All communication activities related to the projects are to be undertaken jointly by the Federal, Provincial and Municipal Governments. The Recovery Manager is requesting that the City of Saint John confirm acceptance of the Sub -Contribution Agreement conditions by signing and sealing the attached Sub -Contribution Agreements and returning them to the Province. SERVICE AND FINANCIAL OUTCOMES The City of Saint John will receive funding from the Federal Government (channeled through the Provincial Government) for expenditures to complete a flood mitigation plan, including preliminary mitigation designs and high level cost estimates for multiple City assets, as well as for expenditures to complete detailed design for floodproofing the Musquash Water Pumping Station, including flood mapping. This Kul -3 - work supports life cycle maintenance of City assets and upholds the long-term financial sustainability of the City of Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The National Disaster Mitigation Program Sub -Contribution Agreements and Main Contribution Agreement have been reviewed by the City Solicitor's Office. ATTACHMENTS • National Disaster Mitigation Program Sub -Contribution Agreements for the following projects: 1. Saint John River Flood Mitigation Plan 2. Flood Proofing Design for Musquash Water Pumping Station • National Disaster Mitigation Program Main Contribution Agreement (between Canada and New Brunswick) 011 NBEMO ENew Brunswick JOO MUb-?nNrdoO- mergencrM81SUs=d ,gn. d, cMI-Ing'Nouveau-BrunsiVck Public Safety I S6curh pubkque 65 Brunswick S1. / rue Brunswick RO, Box 6000 / C.P. 6000 Fredericton, New Brunswick / (Nouveau -Brunswick) E3B 5111 Don Darling, Mayor City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 Dear Mayor Darling: A review of our National Disaster Mitigation Program (NDMP) for the City of Saint John projects indicates that we do not have a signed Sub -Contribution Agreement between the Province and the City of Saint John for the "Saint John River Flood Mitigation Plan" project, Attached is the Sub -Contribution Agreement that provides the project description, work plan, and financial agreements. You are requested to return a signed copy of the Sub -Contribution Agreement by 08 November 20'19. I have also attached the 2019/20 Contribution Agreement between the, Government of Canada, and the Government of New Brunswick for your files, once your project has been completed, send in a copy of your final report along with a copy of your invoices and proof of payments by mail (65 Brunswick Street, 2,d Floor, Fredericton, NB E313 1G5) or email (emo.recovery@fnLbca). If you have any questions, contact our Mitigation Manager, Bruce Parks at (506) 453-5581 or by email at bruce.lpari<�nb�,ca, Sincerely, Lisa Munn Recovery Manager mew,grib,ca SU�B-CONTRIBUTION AGREEMENT National Disaster Mitigation Project H'ER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK, as represented by the Minister of Justice and Public Safety (herein referred to as "New Brunswick") The City of Saint John WHEREAS Canada has established the National Disaster Mitigation Program to support projects that contribute to reducing the impacts of natural disasters on Canadians, AND WHEREAS Canada wishes to provide, through the main Contribution Agreement, a financial contribution to the Province of New Brunswick for the purpose of the approved Project, by the City of Saint John and the Province agrees to flow through the financial' contribution to the city when all the terms and conditions are met. The City of Saint John agrees to meet all the terms and conditions as stated in the main contribution agreement and annexes. IN WITNESS WHEREOF, the Parties or their duty authorized representatives have signed: The Recipient On Behalf of the Province Don Darling Lisa Munn Mayor Recovery Manager City of Saint John New Brunswick Emergency Measures Organization rs Signature Stgn-A re Date Date PROJECT DESCRIPTION Project Title: Saint John River Flood Mitigation Plan Pre -execution Start Date: I April 2019 Objectives The proposed mitigation project will contribute to the reduction or removal of the impacts or likelihood of disasters by: • Proposing infrastructure projects that mitigate against the likelihood and impacts of flooding. • Considering the use of public information material and consultation to discuss ways to flood proof homes and protect residents from the impacts of flooding. • Reduce the residential, municipal, provincial, and federal financial liabilities of flood disasters., • Eliminate raw sanitary sewer overflow that causes contamination of the watercourse, • Create conceptual plans to reduce the isolation of communities from, flooded roads and hydraulic structures. • Determine cost estimates for mitigation measures to support the City in budgeting for infrastructure projects. Description Project will see, the creation of a flood risk mitigation plan for the section of the Saint John River that borders the City of Saint John which was most recently inundated in the 2018 historic flooding event. The Strategy will identify mitigation options to prevent future flooding and damage of municipal infrastructure to ensure public safety and access to critical municipal services. This project leverages previous work done in the areas of risk assessment and flood mapping and will provide city officials with options going forward to address areas where mitigation projects can provide the most benefit against future flooding events. Expected Outcornes Increased number of communities using risk based, flood mapping for mitigation/planning Official Languages • Any communications from New Brunswick regarding its NDMP project(s) to the public and/or public awareness activities will be in accordance with Public Safety Canada's obligations under section IV of the Official Languages Act, • New Brunswick will follow the language legislation and/or policies of its own jurisdiction, • New Brunswick will consider the needs of official language minority communities in relation to any stakeholder engagement activity and provide, the documents and materials in both official languages when required. Annex A.2: Work Plan Project Title: Saint John River Flood Mitigation Plan ��L: �„ / � / / ccc�r'/„i, �. , �L'�CCiIL /,�� ir;, liirG,�/,i/i��i,iii7i/ Mf rat ies for each at fisk asset Mai r er a thralft Start Date: Mitigatton Strategy 20107101 9/ to the City ------ End Datei 1019/09/20 Start Date: YIIIII 1fI�'i I III I' it ILII 2019/09/� 21 IIID 111funip tv End Datw 2019/09129 'Conceptual M, Designs As I . . . ........ . !E,! Review4Draft- FinalReport R Dam W f � R 2019/11/29 M..9 l i "ifR f: a, told, R .. liver a Final i 1." !1 Date: • - wa fs.h i�R• 1 PR M f• R fmitigation the City End Date: v1; 9021311 w • I w,- • Rw �f L'!'q' w ► ., f f pp�!!� Presentation'� r• Report i f„ f'nal findings End Daw. .f r w ., 2020102112 1� "• nSiAtant f f •'f.".. I# i f w f f' A 1 i •f . f R ME End Data: �. f w r. .wM i 1 !E,! Annex B.2 - Project Budget Revenues for Fiscal Year 2019-20 Project Title: Saint John River Flood Mitigation Plan Pre -execution start and end dates: I April 2019 — 28 February 2020 777; 7, WO 00 ....... .. .. .......... .... VE ...... .......... Public Safety Canada $38,000.00 City of Saint John $38,000.00 Subtotal —Cash $76,000.00 City of Saint John $5,500.00 Subtotal — In-kind $5,500.00 Total Government Funding Government assistance 46.6% (municipal, provincial, territorial and federal) $81,500.00 cannot exceed 100% of eligible expenditures loin -goverment FU Subtotal --Cash $0,00 Subtotal — In-kind $0.00 Total Non-government Funding and other $0.00 Total'R646"n''pies: . . . . . .... . . . ........ 1. Cash: actual dollar value or revenues/funding received 2. In -Kind: non-cash input which its given a cash value Annex B.2 - Project Budget Eligible Expenses for Fiscal Year 2019-20 Project Title: Saint John River Flood Mitigation Plan 77, . . ........... 7'�lu��bl� 00 Expo 777 . . ................ . .......... . Non ��/ ,�" ����i� j%%% j'Funding . . ................ Public Safety City ofGovernment Canada Saint John Funding and other Total Consultant fees $38,000 $38,000 $76,,000 Subtotal — Cash $38,0010 $38,000 $0.00 $76,000 Development of disaster $2,500 $2,500 mitigation plans Exceptional administrative costs $3,000 $3,000 Subtotal — I'n-kind $5,500 $0.00 $5,500 to kueO$:1 $38'/000, 0.06" 1. Cash: actual dollar value or revenues/funding received 2. In -Kind: non-cash input which is given a cash, value NBEMO 11 OMUN'B NewBrunswick Organisa6on des Ernergenccyy h9easures mecums d'urgence du CirganzaGcara Nouveau-Brunswick Public Safety I Sbcuritd publique 65 Brunswick St, I rue Brunswick P.O. Box 60001 C.P. 6000 Freder'don, New Brunswick / (Nouveau -Brunswick) E3B 51 I FOXTOTSTENTOKOWE Don Darling, Mayor City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2E 41_1 Dear Mayor Darling: A review of our National Disaster Mitigation Program (NDMP) for the City of Saint John projects indicates that we do not have a signed Sub -Contribution Agreement between the Province and the City of Saint John for the "Flood Proofing Design for Musquash Water Pumping Station" project. Attached is the Sub -Contribution Agreement that provides the project description, work plan, and financial agreements. You are requested to return a signed copy of the Sub - Contribution Agreement by 08 November 2019. I have also attached the 2019/20 Contribution Agreement between the Government of Canada and the Government of New Brunswick for your files. Once your project has been completed, send in a copy of your final report along with a copy of your invoices and proof of payments by mail (65 Brunswick Street, 2nd Floor, Fredericton, NB E3B, 1G5) or email (emo,recovery Q of n �.ca). _ If you have any questions, contact our Mitigation Manager, Bruce Parks at (506) 453-5581 or by email at bruce.parks@Rnb,ca. Sincerely, Lisa Munn Recovery Manager %vww.9ntL(a. !E:3 SUB -CONTRIBUTION AGREEMENT National Disaster Mitigation Project F-TWV5111; Rik HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK, as represented by the Minister of Justice and Public Safety (herein referred to as "New Brunswick") The City of Saint John WHEREAS Canada has established the National Disaster Mitigation Program to support projects that contribute to reducing the impacts of natural disasters on Canadians, AND WHEREAS Canada wishes to provide, through the main Contribution Agreement, a financial contribution to the Province of New Brunswick for the purpose of the approved Project, by the City of Saint John and the Province agrees to flow through the financial contribution to the city when all the terms and conditions are met. The City of Saint John agrees to meet all the terms and conditions as stated in the main contribution agreement and annexes. IN WITNESS WHEREOF, the Parties or their duly authorized representatives have signed: The Recipient Don Darling Mayor City of Saint John Signature Date On Behalf of the Province Lisa Munn Recovery Manager New Brunswick Emergency Measures Organization Date ANNEX A.3 ProjectTitle: Flood Proofing Design for Musquash Water Pumping Station Pr,e-execution, Start Date: 1 April' 2019, Objectives The Musquash Waiter Pumping Station (WPS) is currently vulnerable to flooding, as demonstrated year after year. The facility is the, only means to provide the necessary water required to restore the system, a system on which! the City of Saint John relies, for power generation, industry, and back-up potable water. The project that is being submitted for funding is the detailed design of the flood proofing upgrades of the Musquash Water Pumping Station. The City has planned for the re -design and construction of the pumping station, to occur from 2019 — 2021. This project is the first phase. Once the design project is complete, the City will have the plan to enable it to upgrade the piping and equipment and raising the floor elevation above flood elevation. Also, the surface grades in the parking area will be raised. This project will reduce and/or help to eliminate the impacts of flooding to the facility. Description The project that is being submitted for funding is the detailed design of the flood proofing upgrades of the Musquash Water Pumping Station. This project will include upgradling the piping and equipment and raising the floor elevation above flood elevation which would require all new pumps, valves and piping to be installed. Also, the surface grades in the parking area will be raised. The City has planned for the re -design and construction of the pumping station to occur from 2019 - 2021. Expected Outcomes A detailed design for the flood proofing upgrades of the Musquash Water Pumping Station Official Languages • Any communications from New Brunswick regarding its NDMP project(s) to the public and/or public awareness activities will be in accordance with Public Safety Canada's obligations under section IV of the Official Languages Act, • New Brunswick will follow the language legislation and/or policies of its own jurisdiction., • New Brunswick will consider the needs of official language minority communities in relation to any stakeholder engagement activity and provide the documents and materials in both official languages when required. 61191 Annex A.3: Work Plan Project Title: Flood Proofing Design for Musquash Water Pumping Station 51 Meeting on 100% rn lete esfjn package 1. City and consultent to meet to review irk-ups Z Des path forward fleeting 4 minutes Engbeering cor)stftnt Start Data: 2019112/27 End Dater 2020101/04 "A holiday break Is Incorporated in schedule Develop fhal 1, +"'..cuts" to Final design En rsperIj" Scam Data; te finder inca ateCity drayAngs snot under c ca r 2p$t7n 1 f5 package Ir package End Data: des drawlrn 95 2,, Co slaitarntt to, Consultant to 2020102129 "* 1d10% provide city veldt des Ygan drawings final Miffing 3. Connultard to generate Vaal opinion of probate , st 4, Canso to generate final specification 5 Constto Issue fimi billing] to Pq Project 1. ProJect dose Out City to prepsre finalCity,or, Saint bean Start Date: An intetntkutal 1 month Closectit 2. C r fitat billing billing and final 2020/03101 9aP tlkt t prepared project docurnertt Fa fs presented to package End Date: apttrrr drte for fir b 2020/03/31 and prJect close Out. 61 Annex B.3 - Project Budget Revenues for Fiscal Year 2019-20 Project Title: Flood Proofing Design for Musquash Waiter Pumping Station Pre -execution start and end dates: 1 April 2019 — 31 March 2020 Government Funding (municipal, provincial, territorial and federal) Amount Public Safety Canada $225,000.00 City of Saint John $225,000.00 Subtotal — Cash $450,000.00 City of Saint John $11,500.00 Subtotal — In-kind $11,500.00 Total Government Funding Government assistance 100.0% (municipal, provincial, territorial and federal, cannot exceed 100% of eligible expenditures $461,500.00 Non-government Funding and other Subtotal —Cash $10.00 Subtotal — lin-kind $0.00 Total Non-government Funding and other Total Revenues: $0.00 $461,500.00 1. Cash: actual dollar value or revenues/funding received 2. In -Kind: non-cash input which is given a cash value 6V Annex 8.3 - Project Budget Eligible Expenses for Fiscal Year 2019-20 Project Title: Flood Proofing Design for Musquash Water Pumping Station 1. Cash: actual dollar value or revenues/funding received 2. In -Kind. non-cash input which is given a cash value 615 1 CONTRIBUTION AGREEMENT National Disaster Mitigation Projects BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Public Safety and Emergency Preparedness (herein referred to as "Canada.") AND HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK, as represented by the New Brunswick Department of Justice and. Public Safety therein referred to as "New Brunswick") WHEREAS Canada has established the National [Disaster Mitigation Program ("the Program") to support projects that contribute to the achievement. of the Department's objectives with respect to reducing the impacts of natural disasters on Canadians by: 1) focusing investments on significant, recurring flood risks and costs and 2) advancing work to facilitate private residential insurance for overland flooding. AND WHEREAS Canada wishes to provide, through this Agreement, a financial contribution to New Brunswick for the purpose of the approved Project(s), being more fully described in Annex A (hereinafter referred to as "the approved Project(s)"). THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. MAXIMUM AMOUNT -OF THE CONTRIBUTION 1.1. In support of the approved Project(s), described in Annexes A.1 to A4, and subject to the terms and conditions set out in this Agreement, Canada agrees to contribute up to a maximum. amount of $.669,000:00 towards eligible expenditures described in the Budget(s) of the approved Project(s), and not exceeding the maximum amount, Identified in Annexes B.1 to 8.4. 1.2. The maximum amount of the contribution is established as follow(s): aj by fiscal year beginning on April 1 of a calendar year and ending on March 31 of the subsequent calendar year, and, bj in accordance with the Budget(s) (Annexes B.1 to B.4) at: $669 000 far Fiscal; Year 2Q .19202© .. Ise' fur d r roVitied` k Canada`; uCiciOr %this >To#a[irig $669,000.00 ;�ar -t g P Y , New Brunswick acknowledges that under section 4U OT the kinanc►a► Ham n srravon Hcr (R.S.C. 1985, c, F-11), any payment under this Agreement is subject to an annual appropriation for the fiscal year in which any commitment hereunder would come in course of payment. Therefore, funding for this Agreement may be reduced or terminated at Canada's discretion in response to the Government of Canada's annual budget or a parliamentary spending decision that has an impact. on the Program under which this Agreement is made. 2.2 Any payment under this Agreement is subject to the continuance of the Program under which this Agreement is made and the terms and conditions far the fiscal year in which any commitment hereunder would come in course of payment. Therefore, funding under this Agreement may be reduced or terminated at Canada's discretion in order to comply with any Government decision that has an impact on the Program or its.terms and conditions. 2.3 In the event of a proposed reduction or termination to the funding of the. Program under subsection 2.1 or 2.2, Canada may; after giving. New Brunswick a written notice. of (30) thirty days, reduce the funding or terminate this Agreement. If as a result of reduction in funding, New Brunswick is unable or unwilling to complete the approved Project(s), New Brunswick may, after giving Canada a written notice, terminate this Agreement. Subject to the terms. and conditions of this Agreement, in the event. that this Agreement is. terminated, the obligations of both Parties will cease. 2.4 New Brunswick agrees that: a) Unless Canada has authorized on -Reserve First Nations to utilize Indigenous and Northern Affairs Canada mitigation funding to contribute to New Brunswick's share of the eligible costs of an approved Project(s), up to 100% of New Brunswick's eligible project costs; any payment under this Agreement is subject to financial .assistance from Canada not exceeding fifty percent (54°%) of the approved Project's{s') eligible costs for New Brunswick; bj Unless Canada has a.u.thorised it, the maximum amount of in-kind contribution from all non-federal sources of funding contributing to the project's provincial or - territorial share of the eligible costs may not exceed fifteen percent 4.25%j; c) it shall, without delay, inform Canada of any change to the B.udget4sj, the project(s) objectives and/or activities, or of any change in anticipated funding and any additional amount that is received for the approved Project(s); and, dj if Canada's total. financial assistance exceeds the percentage prescribed at paragraph aj or if the approved Project(s) generates a profit, or receives other sources of funding for the purpose of the Agreement, Canada may reduce the contribution,, request reimbursement of any overpayment or renegotiate the expected activities results. 3.1 The. Parties agree that only the budget categories of expenditures described in Annex B.1 to B.4 are eligitble under this Agreement. 3.2 New Brunswick agrees: that Canada's contribution only covers actual costs of those. eligible expenditures described in Annexes B.1 to B.4 of this . Agreement. New Brunswick also acknowledges having. been informed that the following expenditures are not eligible expenditures under this Agreement: aj Costs relating to events and equipment which are considered to be the routine responsibility of provincial ministries or first responder agencies such as police, fire and ambulance. bj Ongoing operating and maintenance costs for National Disaster Mitigation Program initiatives following completion of the approved Projects): cj The value assigned to data that was procured or collected prior.to this Agreement. d) Administrative costs which are not directly related to a specific National Disaster Mitigation Program project. New Brunswick is expected to absorb the routine costs of doing business. Examples. such as regular salaries and benefits, audit costs, office furniture, equipment, office supplies, committee work, administration and supervision of National Disaster Mitigation Program projects are not to be cost - shared. It is recognized that certain proposals incur extraordinary administrative expenses, which are incremental to the routine costs of providing government services; these expenses can be considered for cost-sharing and shall be clearly identified in detail at the proposal stage. el Hospitality costs. fj Mitigation projects that would. yield only temporary measures (e.g., use of sandbags). g) Mitigation projects that would create ongoing need for funds from the federal .government or :from New Brunswick that cannot be absorbed in their current budget. hj Any expenditures related to a project already started prior to application for funding and prior to approval. ij Damages and interests resulting from any action or omission causing harm to a third. party for which New Brunswick is held civilly liable by a Court and has to pay; or fines under any municipal, provincial,. territorial or federal legislation resulting from a transgression by New Brunswick, or any amount resulting from any settlement. entered into by New Brunswick, or imposed by a Court, including an Arbiter, to New Brunswick. in relation with the funded. National Disaster Mitigation Program..project. j] Taxes other than the PST or provincial part of the HST. k) Projects that address needs that are not related to prevention/Mitigation.. 1) Costs reimbursed under another Government -of Canada program. 3.3 Canada does not reimburse the tax. paid by New Brunswick for goods and services for which New Brunswick is entitled..to tax credit or reimbursement. 3.4 The maximum rates that New Brunswick can claim for exceptional transportation related to the delivery of the approved. Project{s} shall be reimbursed up to Economy Class. Brunswick in the fiscal year they are allocated and New Brunswick may report an eligible expenditure to a subsequent Fiscal Year only with the written authorization of Canada. 3,6 Only expenditures incurred by New Brunswick during the period .covered by this Agreement under section 34 maybe claimed by New Brunswick. 3.7 New Brunswick may redistribute the contribution only if the following conditions are. met: ay New Brunswick acknowledges its independence in the choice of the persons or entities and project(s) proposed to and approved by Canada, now eligible: under paragraph c) and to whom New Brunswick is authorised to redistribute the funding received under this Agreement, and that New Brunswick is not administering the Program on behalf of Canada; bj. New Brunswick agrees that it is solely responsible for the action or omission of a person or entity to whom it will redistribute funding received under this Agreement and must indemnify and save harmless Canada and its employees and agents from and against all claims, Losses; damages, costs, expenses, actions .and other proceedings made,. sustained, brought, prosecuted, threatened to be. brought or prosecuted in any manner based upon, occasioned by or attributable to any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the person or entity to which New Brunswick to whom it redistributed the funding received under this Agreement; c) in support of the approved Project(s), described in Annexes A.1,: A.2, A.3 and A,4, and subject to the terms and conditions set out in this. Agreement, Canada agrees to contribute to redistribution of funding up to a maximum amount of $669,OOO.00 toward eligible expenditures described in the Budget(s)(Annexes B.1, B.2, B.3 and. B.4); dj. New Brunswick agrees that. it shall only redistribute funds received under. this. Agreement. to these entities: i. City of Fredericton ii. City of Saint John e) Furids 'red istributed by New Brunswick shall appear in a specific Budget(s) (Annexes B.1, B.2, B.B and 8.4) and the cashflow statement(s), and may only be. used for the eligible expenditures described in subsection 3.1.; fy New Brunswick agrees that it will only redistribute funds received under this Agreement if it has created a provincial program and/or signed a written funding agreement with an eligible entity, identified in subsection dj, which address the following elements: L the responsibilities agreed to between New Brunswick and the person or entity with whom New Brunswick redistributes the funding received under this Agreement, including their financial roles and responsibilities; ii.. provisions for oversight, reviews, and audits to be conducted by New Brunswick and the right of New Brunswick to provide copies of any review; evaluation or whom New Brunswick redistributes funding received under this Agreement; only for the purpose of monitoring compliance with. the funding provided under this Agreement and the:obligation s.of New Brunswick;.and iv. provisions for New Brunswick. to make known Canada's role in the funding provided to persons or entities to whom New Brunswick will redistribute the funding receive under this Agreement. g) New Brunswick shall provide Canada, upon request, a copy of any agreement signed with an eligible person or entity identified in subsectio.n.d.) to which New Brunswick has redistributed the funding received under this Agreement; h) New Brunswick shall provide Canada, upon request, :a copy of any reports or reviews, evaluations or audits carried out by,. or on behalf of, New Brunswick related to the use of the funding by an eligible person or entity to whom New Brunswick has redistributed the funding received under this Agreement. 3.8 Canada may, at its discretion, approve expenditures made by New Brunswick before the period covered by this Agreement established by section 34, only if Canada was informed in writing by New Brunswick of those. expenditures before the signing of this Agreement and if New Brunswick has demonstrated to the satisfaction of Canada that the facts surrounding these expenditures met the following definition of exceptional circumstances. "Exceptional circumstances" in this Agreement means facts that support a funding where there would have been loss of a critical project resource or that the viability of the project would have been.. jeopardized had the expenditures not been incurred prior to the signature of the agreement: 4. REALLOCATION OF FUNDS BETWEEN COST CATEGORIES 4.1 New Brunswick is permitted to reallocate funds between categories of eligible expenditures, as identified in a specific Budget(s) (Annexes B.1 to B.4), under the following conditions: a) Within a current fiscal year, a reallocation is greater than 20% of Canada's annual contribution for this fiscal year, New Brunswick must obtain a written authorization from Canada and the Partes.shall amend this Agreement; or, b) Within a current fiscal Year, a reallocation is up to 20% of Canada's. annual contribution for the current fiscal year, New Brunswick is not required to obtain a written authorization from Canada but the reallocation must be formally explained and included in the cash flow statement and any audited or non -audited financial reports or statement required under this agreement. c) If the reallocation results in adding or deleting a budget(s) category, a change in the project objectives, activities, outcomes or results, New Brunswick must obtain a written authorization from Canada. Annex E includes the list of all eligible cost categories under this program. 4.2 Despite. any reallocations, the maximum amount of funding will remain the same as set nrrt in cIrkeolrtirk h T 7 S. PAYMENT SCHEDULE: AND FINAL PAYMENT (HOLDBACK) 5.1 Canada agrees to provide New Brunswick with progress payments in accordance with the Reporting Requirements and Payment Schedule (Annex: C) after receiving and. approving the cashflow statements and the reports as described and outlined in subsection 5.3. 5.2 Canada agrees to: provide New Brunswick with advance payments under the following terms and conditions - a) New Brunswick has presented. a written request for an advance payment considered acceptable by.Canada in both form and content; bj New Brunswick accepts to provide a cashflow statement identifying the projections of revenues and expenditures and any other information that Canada may require; using the cashflow statement form provided in Annex D; c) Canada. will issue advance payments to Gower expenditures expected to be incurred by New Brunswick and. approved by Canada in accordance. with the Reporting. Requirements and Payment Schedule (Annex Q} d) Canada may alter the frequency and/or amount of such advance payments at any time by giving.a thirty (30) days' notice to New Brunswick in writing; e) New Brunswick must maintain a record of all funds received from Canada as well as any eligible expenditures incurred and to submit the updated cashflow statement, as required by.subsection 6.1, using the form provided in Annex 1J; f) If the amount of the advance is less than the eligible expenditures incurred for which the advance was approved, Canada will reimburse the difference to New Brunswick; without.exceeding the maximum annual amount pursuant to subsection 1.2; and, g) lf.the amount of the a.dvance.is more than eligible expenditures incurred for which the advance was approved, at Canada's discretion, New Brunswick must reimburse.. the difference to Canada or Canada will recover the surplus from any sums payable to New Brunswick. 5.3 Canada may issue a payment only after being satisfied that New Brunswick has complied with its obligations under this Agreement, including but not limited to the production of the following reports: a) All cashflow statements required under subsections. 6.1, 6.2 and 6.3; and b) All interim or final project reports required under section 7. Agreement. 6. FINANCIAL REPORTING Initial Cashflow Statement 6.1 New .Brunswick.shall provide Canada an initial cashflow statement for each project in this agreement {Annexes A.7. to A.4j upon the signature of the agreement. The cashflow must contain a :presentation of the approved Project{s} budget(s), as categorized in the Budget(s) (Annexes B.1 to B.4),. and include a statement of forecasted revenue and expenditures.as described in .(Annex D). It must be certified by a person duly authorized by New Brunswick and show any reallocations of funds between specific budget items, as per the requirements of section 4, and supporting documentation for the reallocation. Updated Cashflow Statement 6.2 .New Brunswick. shall provide Canada an updated cashflow statement.for each project identified in this agreement in accordance with the reporting requirements and payment schedule (Annex C). The cashflow must contain a presentation of the approved Project(s) budget(sj, as categorized in the Budget(s) (Annexes B.1 to 13.4), and include a statement of revenue and expenditures as described in (Annex D). It must be certified by a person duly authorized by New Brunswick and show any reallocations of funds between specific budget items, as per the requirements of section 4, and supporting documentation for the reallocation: Final Cashflow Statement 6.3 New Brunswick shall provide Canada a final cashflow statement on the approved Projects). The cashflow must contain a presentation of the approved Project(s) budget(s), as categorized in the Budget(s) (Annexes B.1 to B.4), and include a statement of revenue and expenditures as described in [Annex ❑). It must be certified by person duly authorized by New Brunswick and show any reallocations of funds between specific budget items,. as per the. requirements of section 4, and supporting documentation for the reallocation. The final cashflow statement must be submitted to Canada no later than ninety (90) days after the completion of the Project activities. 6.4 For :the purpose of this Agreement, an "in-kind contribution" refers to non -monetary resources provided by third -parties and/or New Brunswick to support the approved Projects}. 6.5 In-kind contributions shall be converted into monetary value and included in the Budget(s) (Annexes B.1 to B.4) only when they may affect the percentage. of total governmental assistance set by subsection 2.4 and when a monetary value can be reasonably estimated or when the Parties have agreed on a value and the need to report it. The estimated monetary value shall be.agreed to by Canada.. and be identified in the cashflow statements. 7. NON-FINANCIAL REPORT 7.1. New Brunswick shall provide Canada an interim and final project report as described in Annex C, in.a format prescribed by Canada in Annex F. 7.2 At the end of the project, New Brunswick shall provide Canada a final project report no later than ninety (90) days after the end of the approved ProJect(s). 7.3 New Brunswick shall provide Canada with any additional information that Canada deems necessary for the purpose of this agreement. S. SURPLUS AND DEFICIT 8.1 Any deficit remaining upon expiry of this Agreement is the sole responsibility of New Brunswick. 8.2 Any surplus remaining Upon expiry of this Agreement constitutes a debt due to the Federal Crown. 9. DISPOSITION OF ASSETS 9.1 New Brunswick shall preserve any assets acquired with the contribution funds for the duration of the approved Project(s) and use them for the approved Project(s): only unless Canada authorizes their disposition. 9.2 At the end of the approved Project(s) activities, or upon termination of this Agreement if earlier, and if directed to do so by Canada; any assets acquired with Canada's. contribution costing less than $5,000.00 that have been preserved by New Brunswick shall be: a) so.ld at fair market value and that the funds realized from such sa.le be applied to the eligible expenditures of the approved Project(O to offset Canada's :contribution; or, b) Disposed of in such other manner as may be determined by Canada. 10. PROJECTS' RECORDS New Brunswick shall: a) Maintain separate accounting records, clearly identifying revenues and expenditure5 for the approved Project(s), and in the case of any in-kind contributions to the approved Project(s) by New Brunswick or by third parties, records supporting the provision of.su.ch in. -kind contribution; bj Maintain financial records with respect to Canada's contribution in accordance with c) Retain all materials and records relating to this Agreement and the approved Project(s) for a period of no less than five (5) years following the expiry or termination of this Agreement:. 11. AUDIT a) New Brunswick agrees that Canada may appoint independent auditors, at the Government of Canada's expense, during the term of this Agreement and within five (5) years following the expiry or termination thereof to review the records maintained by New Brunswick in order to ensure compliance with all financial and non-financial provisions of this. Agreement, including. the management of funds provided by the Government of Canada and the consistent application of generally accepted accounting principles in the maintenance. of financial. and accounting records. b) New Brunswick agrees that Canada may cooperate and share information with other Government of Canada. departments or agencies for the purpose of Single Recipient Audit. Single Recipient Audit utilizes a coordinated approach to recipient audit whereby an auditor representing different departments or different programs within one department conducts a single audit of a common recipient to verify compliance with terms and conditions of some or all funding agreements. c) New Brunswick shall give access to its premises and make its materials and records available to Canada for the purpose. of any evaluation or audit conducted. under this. Agreement, without charge, during regular business hours within seventy-two (72) hours after receiving written notification and shall make available any supporting documents, records, registers or other documents when requested. New Brunswick shall provide copies of records and registers when requested, without charge. d) The results of audits performed by the Government of Canada could he made available to the %public through posting on the Public Safety Canada Internet site (www, p u b l i csafety.gc.ca). e) New Brunswick shall make its materials and records available to the Government of Canada.when requested by the Government of Canada for the purpose of an inquiry under subsection 7.1(1) of the Auditor General Act, R.S.C., 1985, c. A�-17.. 12. OVERPAYMENT 12.1. New Brunswick is deemed to have received an overpayment if any of the following occurs: a) Sums were paid to New Brunswick but remained unexpended by the End of the last fiscal year covered by this Agreement or the. date of expiry or termination of this Agreement; expenditures; c) Canada carries out a financial analysis or audits the financial statements of New Brunswick and an overpayment is identified as a result of ineligible expenditures or costs; d) An overpayment is identified. as a result of non-compliance. with the stacking limits established by subsection 2.4 for total governmental financial assistance;. or e) For any other reason, New Brunswick was not entitled. to the contributions, or Canada determines that the sums paid exceed the amount to which New Brunswick was entitled. 1:2.2 New Brunswick recognizes that expenditures. may be deemed ineligible if there is no related invoice, receipt or other supporting documents or if, in the opinion of Canada, the expenditures cannot be.substantiated. 12.3 Any overpayment is a debt to the Federal Crown and payable by New Brunswick. The overpayment shall be repaid to Canada no later than thirty (30) days following the date of receipt of notice from Canada or at the discretion of Canada. It may be offset by reducing any other contributions made by the Federal Crown. 12.4 Reimbursements due to Canada by New Brunswick shall be made to the Receiver General of Canada. 13. DECLARATIONS AND UNDERTAKINGS 13.1 New Brunswick declares: a) that the description of the approved Projects) provided in Annexes A.1 to. A.4 is true and accurately reflects what New Brunswick intends to do, that the information contained therein is accurate, and that all relevant information has been. disclosed; b) that it has the capacity and authority to enter into the Agreement to carry out the approved Project(s) and that it knows of no reason, fact or event, current, imminent or probable, that would diminish this capacity and authority; c) that all sources of funding for the. approved Project(s), including any in-kind contributions as defined in subsection 5.5, are identified in the Budget(s); d) that it holds the intellectual property rights required for the conduct of the approved Project(s), the exploitation of any intellectual property resulting thereof, and. New Brunswick grants Canada the licenses and authorisations described. in section 15. e) that it is committed. t❑ the promotion of and respect for a law abiding society, the rule of law and the. values and principles underlying the Canadian Charter of Rights and Freedoms and the. Canadian Bill. of R phts.and declares that it not participating f) that the Project(s) are conducted in compliance with applicable federal and provincial legislation. g). that no construction will occur before all Parties are satisfied that any legal duty to consult with, and where:appropriate., to accommodate Indigenous groups has been met and continues to be met: I. if, as a result of changes to a Projector otherwise, Canada determines that further consultation is required, New Brunswick will work with Canada to ensure that the legal duty to consult, and where appropriate, to accommodate Indigenous groups, is met and continues to.be met to Canada's satisfaction; and h) that New Brunswick will consult with Indigenous groups that might be affected by the Project, explain the Project to them, including Canada's role, and will provide a report to Canada, which will include: L a list of all indigenous groups contacted; ii. a summary of all communications to date with the indigenous groups, indicating which groups support or object to the. Project, and: wheiher their positions are final, preliminary or conditional in nature; iii. a summary of any issues or concerns that the Indigenous groups have raised and.an indication of how New Brunswick has addressed or proposes to address those issues or concerns. 13.2 New Brunswick acknowledges: aj that.it was informed by Canada that any expenditure incurred by New Brunswick, prior to the date at which this Agreement has been signed by.both parties, subject to sectio n.34,. will not be reimbursed; bj that. Canada did. not, directly or indirectly, agree to, endorse or support in any way New Brunswick's decision to proceed with expenditures prior to the signature of this Agreement; cj that any expenditures made prior to the signature of this Agreement; subject to section 3.8 and 34, were at New Brunswick's own risk; dj that if pre -execution was sought by New Brunswick and approved by Canada: i. that any expenditures incurred after April 15Y, 2019, and prior to the signature of this Agreement must meet eligibility requirements as per the NDMP's terms and conditions; ii. that any expenditures incurred after April 15r, 2919, and prior to the signature of this Agreement must not pre -date the project approval date;. iii. that any expenditures incurred after April 1", 2019, and prior to the signature of this Agreement must not exceed 25% of the Public 5atety contribution.- V. ontribution; v. for greater certainty, New Brunswick and the entities described in clause d) of section 3.7 must use their own funding contributions.for any expenditures made by them for a given project before this Agreement is signed by both parties; and vi. despite clause 13.2 c), expenditures incurred. by the entities described. in clause d) of section 3.7 after April Is% 2819 and prior to the signing of this Agreement are deemed to be eligible expenditures for cost-sharing purposes for this Agreement. 13.3 During the terra of this Agreement,. New Brunswick undertakes to: a) take all necessary actions to maintain itself in good standing, to avoid conflict. of interest, to preserve its .legal capacity, and to inform Canada, `without delay, of any failure to do so;. b) disclose to Canada, without delay, any fact or event that would .or may compromise the approved Project(s) chances of success or New Brunswick's ability to complete any of the terms and conditions of this Agreement, either immediately or in the long term, including, but not limited to, pending or. potential. lawsuits and audits; and c) respect official language commitments set out in the approved Project(s) Description as outlined in the approved Project(s) Description (Annexes A.1 to A.4), and, if applicable, to make public announcements and public documents. related to the activities available. in both official. languages. 14. PUBLIC ANNOUNCEMENT New Brunswick agrees that, with respect to this Agreement, a public announcement by Canada in the form of a. press release, press conference or otherwise may be. made. New Brunswick agrees that it will provide all 'reasonable and necessary' assistance in the organization of the public announcement, as requested by Canada. New Brunswick acknowledges that its name, the amount awarded; and the general nature of the. activities supported may be made publicly available by Canada. 15. ACKNOWLEDGEMENT New Brunswick agrees to acknowledge the contribution received from Canada in a manner satisfactory to Canada. 9.6. INTELLECTUAL PROPERTY 16.1 New Brunswick retains ownership of any intellectual property created by New Brunswick in carrying out the Project; intellectual property created by New Brunswick. in carrying out the Projector an adaptation, in any language, for any governmental non-commercial purpose. 17. NO -PARTNERSHIP 17.1 The Parties acknowledge that this Agreement does not. constitute an association for the purpose of establishing a partnership or joint venture; does not create an agency relationship. between Canada and New Brunswick, and. in no way implies any agree mentor undertaking to conclude any subsequent agreement. 17.2 New Brunswick agrees to not represent itself as being a partner, co -contractor, employee or agent of Canada in carrying out the approved Projects) referred to in this Agreement. 18. ASSIGNMENT New Brunswick must not assign this Agreement, or any part.thereof, or any payments to be. made. under it, without the written permission of Canada. but nothing shall preclude New Brunswick from enlisting the assistance of others in carrying out the obligations under this Agreement.. 19. DIRECT OR INDIRECT BENEFITS No member of Parliament, current or former public office holder of the Government of Canada may receive a direct or indirect benefit from this Agreement or obtain any advantage resulting. from it unless they are complying with applicable regulations or policies, as the case .may be,. including the requirements. under the Parliament of Canada Act (R.S.C. 1985, c. P-1.01); the Conflict of lnterestRct (S.C. 2006, c. 9), or the Values and Ethics Code for the Public Sector. 20. LIABILITY New Brunswick agrees that Canada and its employees and agents shall not be held liable for any injury, including death to any person, or for any loss or damage to property of New Brunswick or for any obligation of New Brunswick or anyone else, incurred or suffered by New Brunswick or its employees, agents or voluntary workers in carrying out the approved Projects), including loans, capital leases or other long term obligations in relation to this Agreement. 21. INDEMNIFICATION New Brunswick shall indemnify and save harmless Canada and its employees and. agents from and against all claims, losses; damages, costs, expenditures, actions and other proceedings made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner based upon, occasioned by or attributable to any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of New Brunswick or its employees, agents or voluntary workers in carrying out the approved 22.1 Information gathered by the. Parties in carrying out this Agreement is subject to the applicable federal and provincial legislations, regarding access to information and privacy. 22.2 New Brunswick acknowledges that. Canada may make this Agreement public along with any reports, audits; evaluations or other documents produced in connection with this Agreement and any information contained in. them.. 23. DEFAULT AND REMEDIES .23.1 Any of the following events constitute a default to this agreement: a) in Canada's opinion, there is a change in risk that would jeopardize the success of the approved Project(s) or the. achievement of its.objectives; b.) New Brunswick, either directly or through its representatives, makes a false or misleading statement to Canada; cj in Canada`s. opinion, New Brunswick is in breach of the performance of, or compliance with; any term, condition, milestone, deadline, commitment or obligation provided for in this Agreement; or, d) New Brunswick no longer meets the eligibility criteria of the Program. 23.2 If there is a default or if, in Canada's opinion, there is likely to be a default, Canada may, after giving written notice to New Brunswick and if New Brunswick does not remedy the default within thirty (30) days, do any of the following: reduce the contribution. level, suspend any payment, make arrangements under particular terms and conditions so that the project is completed or continued by another recipient, rescind. this Agreement and immediately terminate any financial obligation .arising out of it and therefore require repayment of amounts already paid. 23.3 The fact that Canada refrains from exercising a remedy or any right herein. must not be considered a waiver of such remedy or right and, furthermore, partial or limited exercise of a remedy or right conferred on Canada shall not prevent Canada in any way from later exercising any other remedy or right under the Agreement or other applicable law. 24. TERMINATION This Agreement may be terminated: a) by any Party, when, as set out in paragraph 2.3, funding is no longer available or the appropriation has been decreased, thirty (30) days upon receipt of a notice. of termination by the other Party; Canada within thethirty (30) days period as set out in paragraph. 23.2; or cj by any Party, even if there is no default by the other Party, ninety (90) days upon receipt of a notice of termination by the other Party. 25. DISPUTE RESOLUTION If there is a dispute arising under the terms of this Agreement; the Parties agree to make a good -faith attempt to settle the dispute. If the Parties are unable to resolve the dispute through negotiation, they agree to consider mediation. The Parties must bear the costs of mediation equally. 26. NOTICE a7 Any notice; information or document required under this Agreement is deemed. delivered if forwarded by facsimile, email or mail.. Any notice sent by facsimile or email is deemed received one (1) working day after it is sent; any notice mailed is deemed received eight (8) working days after being mailed. It is the responsibility of New Brunswick to inform Canada,. in writing, of any changes to this information within seven (7) working days. bj All notices, information and documents. must be sent to the following. addresses: To New Brunswick Lisa Munn Recovery Services Manager New Brunswick Emergency Measures Organization Victoria Health Centre P.0 Box 6000 Fredericton,. N B E3B 5H 1 Telephone: (506) 453-2284 Email: Lisa.Munn@gnb.ca. 27. SEVERABILITY To Canada Joanne McCabe Regional Director, Atlantic Regional Office Public Safety Canada 21. Mount Elope Avenue, Suite 21.9 Dartmouth, NS B2Y 4.114 Tei: 902-425-2013 Email : joanne.mccabe.@canada.ca If any provision of this Agreement is determined to be invalid; illegal or unenforceable by a competent court, that provision. must be removed from this Agreement without affecting any other provision of the Agreement. 28. SURVIVAL, All obligations of confidentiality, representations and warranties set out in this .Agreement as well as the provisions which bind New Brunswick which, by the nature of the rights or obligations might reasonably be expected to survive, must survive the expiry or termination of this Agreement. Budget Categories of the Program) and Annex F (Non -Financial Report Template) constitutes the entire agreement. among the Parties and supersedes all previous. and subsequent documents, negotiations, understandings and undertakings. Annex D (Cashflow`Statement Template) is provided for convenience only. 30. AMENDMENTS This Agreement must only be amended by mutual, written consent of the Parties hereto. To be valid, any amendment to this Agreement must be in writing and signed .by the Parties hereto or by their duly authorized representatives, while this Agreement is in effect. 31. GENDER AND PLURAL In this Agreement, wards importing the singular number include the plural and vice versa, and words importing the masculine gender include the feminine gender and the neutral. 32. GOVERNING LAW This Agreement must be governed by and interpreted in accordance with the applicable laws in the Province of New Brunswick. 33. ENGLISH VERSION/VERSIDN ANGLAISE The Parties agree that the.Agreement must be drafted in English only. Les parties a ]a presente entente acceptent.qu'eIIesoit redigee en anglais seulement. 34. EFFECTIVE DATE AND DURATION 8) The Agreement is effective on the date of the last signature below, and not earlier than April 1", 2019. b) Subject to termination, the terms and conditions of this Agreement remain in effect until ninety (90) days after March 31, 2020. c) Subject to the provisions found in this Agreement, only those expenditures incurred by New Brunswick from the effective date to March 31, 20X1 are considered eligible expenditures, For Canada p')K' Dominik Breton signed on Programs Manager Public Safety Canada For New Brunswick GJeg MacCaHum A signed', n rector, NB EMO Public Safety ib 71 PROJECT DESCRIPTION Project Title: City Wide Risk Profile, City of Fredericton Pre -execution Start Date: 1 April 2019 Objectives e identification of areas that require more detailed analysis (e.g. river, storm sewer, and/or street flood risk assessments) and.areas that show lower risk even when. based on conservative flood risk proxies. ■ The profile will provide city offcials with evidence -based prioritization for future .modelling, mapping, and flood control studies in areas vuInerable.to. flooding and flood damage. a Once created, the city=wide f=lood Risk Profile will be updated on a regular basis going forward when future detailed flood risk assessments are completed. Over time, it will therefore evolve into a detailed city-wide flood risk assessment. Description The project is for a Stream I (Risk assessment) project. The proposed assessment will enable identification of areas that require more detailed analysis (e.g. river, storm sewer, and/or street flood risk assessments) and areas that show lower risk even when based on conservative flood risk proxies. Expected Outcomes A city wide risk profile Produce is a comprehensive submission that will provide municipal officials with the requisite information to make informed decisions in future. The principal areas to benefit would be in emergency flood response planning and more importantly whereto pursue mitigation projects to address infrastructure vulnerabilities and impacts. Official Languages ® Any communications from New Brunswick regarding its N D M P project.(s) to the public and/or public awareness activities will be in accordance with Public Safety Canada's obligations under section IV of the Official languages Act. • New Brunswick will follow the language legislation and/or policies of its own .jurisdiction. ® New Brunswick will consider the needs of official language minority communities in relation to any stakeholder engagement activity,. and provide the documents and materials. in both official languages when required. 1.'Qeveiap Cray f[otizl:ris�c`:` iraittessrc�k A55®ssrtier�i �'rairi®tivar� ' . Steri Date: End Data: 4. r� snn ;;;' vaff�late.th@:.;%` - d:Risir ott';;,C'tr` a r..201 rye art:cx�e€sar-: s art oats: fFSf17@1!►f1ik' i FFY785B 1i-? �Bf�EiBf(3 gm 59�ECL 8FQ8 .�. t�t1F - :End L]eate: e.Ctt � �}�{ At1 iiU7 ` iets�d tI6o sfl` ;: ., . its'" Y Ouse lill AW zs: ..91 iI s ......... .l.l : The '=` i tlflf''S[3tllts K8[1 8 .:rS...x[...... t7F'i�les ± . it<E>dw ^' :%f � Sif== - - - - : .. �..iK1RL1�^� =_:}#an,.o Ly wideStar[ Detas .. %. a55 Sk5' =-�Cif35tt Sii i%.` Q. 9 L13 Fft�txi RtSic.:.: ==1iuF ` WA�rarici�' ' .. ;:, �iv�"' FF sis n'k Date att: 'ice ,,, is , iiFr iroiri: -'StaFs�Ti�ifet®�s '�'s'='; .. -�oav,� ins 3s1t @5 srrta�;=. ecd`cliinat@ Rif r.. Sas".`''i.'•.:i `'i`dwafoFi7BFFuF ="' Rt35�Ff SSiiIBLiBry IF@. : y'. ': ata ad rlikstudies, . Project Title: Saint John River Flood Mitigation Plan Pre -execution Start Date: 1 April 2019 Objectives Th e. proposed mitigation project wilt contribute to the reduction or removal of the impacts or likelihood of disasters by: o Proposing infrastructure projects that mitigate against the likelihood and impacts of flooding. a Considering the use of public information material and consultation to discuss ways to flood proof homes and protect residents from the impacts of flooding. ® Reduce the residential, municipal, provincial, and federal financial liabilities of flood disasters. o Eliminate raw sanitary sewer overflow that causes contamination of the watercourse. • Create conceptual plans to reduce the isolation of .communities from flooded roads and hydraulic structures. e Determine cost estimates for mitigation measures to support the City in budgeting for infrastructure projects. Description Project will see the creation of a flood risk mitigation. plan for the section of the Saint John Diver that borders the City of Saint John which was most recently inundated in the 2018 historic flooding event. The. Strategy will identify mitigation options to prevent future flooding and damage of municipal infrastructure to ensure public.safety and access to critical .municipal services: This project leverages previous work done In the areas. of risk assessment and flood mapping and will provide city officials with options going forward to address areas where mitigation projects can provide the most benefit against future flooding events: Expected Outcomes Increased number of communities using risk based, flood mapping for mitigation/planning Official Languages • Any communications from New Brunswick regarding its N D M P project(s) to the public and/or public.awareness activities will be in accordance with Public Safety Canada's obligations under section IV of the Official Languages Act. o New Brunswick will follow the language legislation and/or policies of its awn jurisdiction. e New Brunswick will consider the needs of official language minority communities in relation to any stakeholder engagement activity, and. provide the documents and materials in bath official languages when required. •'•'#�r .%y_� e�• . y.-� e_...-, •'rjir'+-',�i�ri'�:�i:. y_. e_ r [� wwwmmp .. # r _ � tis . iy_ e ����..]];=:' <'; ' / 1 � Star[; 1'' : rFf�2 o �fivar=a 1fSt f ::::' ' ':. 5ffirt ❑ata: tl and ::;; �J.. Sri�uu:.s:::;::::.#�. ...... ... _... ....-...... ntla]=mit atm .Mee Pte... �.. - . .........:........... 20 1 ... €ievei PPS ent=: .- .......- . ; hazard f Bort ;shat Itt �rrta .._ e . s. .each`'.: fe r.. at , ...... ,..-:.::..- .. ' End ❑ ate: 5trate SsessmeCt zas1 r �8 UI F Pte.. aid] ... ar.. aW s" i `irr1 tevi.' ccrriii SEit]t7tft'Br3 F.- t�. s; DefiVEl S`i3i8[t' :.':.:;': " if 18 Start ❑ate: ... .....:..:... Po "°'':` Miti at�or► 5tea : cotisilkatt . ....:.... . .:....:.....:..... - to End Date: ........ tt � fit] .......: ...... 2 . 91QW4: Ol. ..........:........ . .........:.:.. .............. ..:::..:.... €rii ci' ion_ n `s 1.. -: .............:....::> -> R' ..........: : s4wnwt ..........:.......... _ ❑ 1� fNt'=;± rafC . It <C rt€f �'ft �:f]Jlt ,'tt}:'>::::: ', :.:' R En,,..n...n.. ...:............. d Start I]BLa:' Meetd r rad a v1�vIrIS R .- ._ .......... .... .. t f]ral fte Fes.......... A� c int a d`Gi tNtu R.. ......... .. ............. ..:.:. ........._ .... ..... ...... . ........:ice... f11u1 ... flttd§tf sta Cf tY'':`:<:'::` ..................: . End Data, ..:........ C� a t€raf'::.:::.. �11r'.0 f]efiVer s.Draf F r�af:: irl r] i`r] 2� Start ❑ $er Des T15 :;:::::,::;;'::: {� an•.Dra�i.':=. ation,5itc Mi[!ID Cvrrrta Re End ❑ate• .................: ...:...........:. ....:.:..:...:. z� e. f - - i�' - .............. .... ......: 3 ;- cap • e ti 1. - - ► 9a. C9. . . . . ;-..;;._.. a. . ........................ . tnt� C �a f}1SC 'C �a191' 1129 1 ......Vi.. 3��Pf[7 CE'f ^a fi.. �r �.,C�p .. .. .. :.:::': u6 t ai S tni Fin ':, •::..:':.. 9..i� [e4v.: ': .�e�':�'f 111Q1::. .:.'': ae C�} tib . >� 5t2R Date: it rt ., itis a€1'Stra Giitsuk'arif-;" -<: '`' ...::.....,.... ........:....•.:...:...., , `2Q1 91.111W. °t : i" ts hei:: fa the C Y End Date: } Y, ........... .. Firm Re tO;f�W :' atlo 'ft]:G �e5er1E D. iirk SUMDate. Pray rt i� art`Fitial:' Re .:......... .:.:. `''.2[32fifil3lD� ' 2 .Cnrast taE t�.. l,,r.#in- ReZ.p ...........: dirt : . End Dam:.,: ' , tio: ririef iii 0i ussf; " -3 IM. 3 . CanstanCta':::::': ;::.;; - �� s tart Damn :>:::-r 74,:..:... [arrf.................... 2.:--�� Mai i� n tint iii :..:....::....... . ...........,...,,:....,.>.......:.::,......:.: End Dates sc : :"eiie'[s;:r ftt. L1Fif8ili� zvza�ozrza' i . Project Title: Flood Proofing Design for Musquash Water Purnping Station Pre -execution StartDate: 1 April 2019 Objectives The Musquash Water Pumping Station (W PS) is currently vulnerable to flooding, as demonstrated year after year. The facility is the only means to provide the necessary water required to restore the system, a system on which the City of Saint John relies for power generation, industry, and back-up potable water. The project that is being submitted for funding is the detailed design of the flood proofing upgrades of the Musquash Water Pumping .Station. The City ha..s planned for the re -design and construction of the pumping station to occur fro m.2d19 -- 2021. This project.is the first phase. Once the design project. is complete, the City will have the plan to enable it upgrade the piping and equipment and raising the floor elevation. above flood. elevation. Also, the surface grades in the parking area will be raised. This project will reduce and/or help to eliminate the impacts sof flooding to the facility. Description The project that is being submitted for funding is the.detailed design of the flood proofing upgrades of the Musquash Water Pumping Station. This project will include upgrading the piping and equipment and raising the floor elevation above flood elevation which would require. all new pumps, valves and piping to be installed. Also, the surface grades in the parking area will be raised. The City has planned for the re -design and construction of the pumping station to occur from 2019 - 2021. Expected Outcomes A detailed design.for the flood proofing upgrades of the Musquash Water Pumping Station official Languages s Any communications from New Brunswick regarding its NDMP project(s) to.the public and/or public awareness activities will be in accordance with Public Safety Canada's oh.figations undersection 1V of the Official Languages Act. o New Brunswick will follow the language legislation and/or policies of its own jurisdiction. e New Brunswick will consider the needs of official language minority communities in relation to.any stakeholder engagement activity, and provide the documents and materials in bath official languages when required. -T?,"- � --.7 .rL$ l.- -: � •���j.£r F3�.r.. .r_ •a N _�Y �: � ..env .. iY-•: �.� <-;i.7.� ..yn el.- 7. =: � <-;iq E "'�'` =: '�i'•£J F��:r :.i�£r �-).. :�_��i�£J F3�• ;:�•. .�y s�''.e.� wrraS�.:c `?=N 4. .r_ •'. wr•r_ •ar�::sc'c. 1�-;�.,....::.....:=..:..• � •;,i: ��:; i _�7"``3�.s it''=-.5 ��i.Uie ._. -1, sem'--i: _.. �r<.�-.`�'�.r.:.,.L-:: =•3 .s �_i. .. i. N =•3 .s _.� - Cry 5s�=�r<. �i'��.r.:�::.,� .� �_i� .s =.3 .s �_i. 1=� 2i�r<•x i r.�: r.�j-i•r<._��i=."�= .. N .e.� rzr.�a.,.0 , _ - -!� .:..:... ......... S 1 � 1 Smart=.....:• u..... .K. stQ a .' r' 5t8i t= e�tn F Start Date ' t�9ee �� : : ue: GF i rig iia i c Do�ane�tatlon ;. mv:.�fcsnd::�''>' .R..... ......... ,.. ;:::::':::':::........:..:.:::':.:'.::•...:.::....::..:.:::.:•.:.,::-::::::.::::::-..:.: .... .....:..... ............... ....... End Date, f2E ee 9:iiFY �t�#1ot'lk I� ■�yy G p� ......:.. '- : :... "' .V30:::aeDeiW.. r . ,,•. ::- startQafe:� sdots F ac ..... 0'�6 . s tle.. tsisr :....:...... �r End Hate: ...:........... 1 .. ............ ..-.-. .................. . -.== .. ...... .......Ftnu^. �minutB5: ...:...::.:. ...:..... . .. i Start ae:Ft' :1. m} ..-::.:...:....-: ..........:..:: �Stey•/��.y. _S.S .r.'.t:' :D: G �^ j .'• .. =.kiss _ End Date: _ _ JIM tom= ...-........ . 0i. 910att3g �P... <;:::,;:.,•.::,::..,,. Start Bata; ............ des C : iiea aek ddiis lr 2a791[781T P... ...... ...::.:.......:::.... . tlias` End Data: ....,.. . ., M► ttaIed "- 2}i 31 i� t:s dei "Mee [N��:��•'� 1':AF1C�•` Hifi StBft�l8t97 90:eor� . tai£ .. - ...- ,.. , . ,•.:..:....::. cC -' = 11Cl1 ..- End Data: �.,�} �;_•�-•: i7sa+tad° zai lits ................ ....:......... . ............. . warn P. Start Date: des ke a vast[ i coiislt� PW d85 5 eGf !�� End Date•' ........... ........:.:: ...........:.: ..............:. 24D ......:.:.:........: ......:..:". ......::.... . ... .........'..: ........::..:. ......... . ......::.:.....:... ..::. able evst s- ........:..:.::. ..........:::::::. ..................... ..:....:...........::.:.:: Project Title: Corbert Brook Culvert Renewal Pre -execution Start Date: 1 April 2019 Objectives • Install a culvert sized mitigate the increased rainfall. events from climate change and reduce the chance. of blockages, reducing the likelihood. of damaging adjacent infrastructure, reducing cleanup and maintenance costs m reduce the vulnerability of a culvert washout, thus the likelihood of damaging adjacent infrastructure will be minimized. ■ reduce the likelihood of failure to the water distribution system above the culvert, avoiding system interruptions, boil water orders, and providing confidence within the water distribution system Description The.project involves the replacement of a.culvertthat is located on Culvert. Brook in Fredericton. The existing culvert was installed as part of a former railway corridor. When the railway Corridor was abandoned it was converted into a multi -use trail system and used. to instalI a 500 mm water transmission line to the eastern section of the City. Expected Outcomes 4 replacement will ensure that a reliable potable water connection is maintained • repIacernent will also ensure that the multiuse trail connection will remain intact; providing an alternate mode of transportation, and emergency access during a disaster event Official Languages r Any communications from New Brunswick regarding its NDMP project(s) to the public and/or public awareness activities will be. in accordance with Public Safety Canada's obligations under section IV of the Official Languages Act. s New Brunswick will follow the language legislation and/or policies of its own jurisdiction. s New Brunswick will corisid er th e. n.eeds. of official language minority communities in relation to any stakeholder engagement activity, and provide the documents and materials in both official languages when required. g� r4 D- s •r . Ten .......::::: - Start A BtE: .....:... Desi n:::::::::.: are ;<<<::...::::::::->>:=;;<;:.. aeka e:canta s. n seecufr�.erE''':'<::' a: 9:.............:.....:..... ...•.,,..::•:.•::..,:,:.: ,::..::::::• ::::. ERd Date. - ,:..;• •- ...-,,::... sate::: SMCI €�ctia 2R1 9107 31 1 �eci�catt - s 9•: C [ pa k89 �C OCiCEl Goristru ti n:';: = ks 'srieeti� d.. cdo`Gvristiitan . Start nate: w rtSSt#i1C�.............. RiSRB BRlERt . ... . .•... r C .. ...........:..... ....�.:� ... ....:�: .� .. .. .... ..... ... .. 'c •cine': %rc:::cs,itvert':insta csi Rs afa fats n:. ' Y End Me:a Ff3 - -: snsta�ativR' f: wor -.►v t r mei� e' ' iilitli�ti�t1 n 0.91'1073'# . 21 :eiristaternent ::eto e' eirista m ntof sti earri.atfrhtifss Recartf te;reCord:r==;;;` i �.:transcritiiR .fie d ='Co s[i[ta n nt `<'=:;:: Start Date- DrauSnn s dsa "f l :d motes tc7.[leta 1e (i41O. ....::......:::...:::::::.:....;:: P t TQG ' YIlOrfC COMPI�';� �- End Date: i. Project Title: City Wide Risk Profile, City of Fredericton Pre=executian start and end dates: 1 April 2019 -- 28 February 2020 1. Cash: actual dollar value or revenues/funding received 2. In -Kind: non-cash 1.npui which is given a cash value. Project Title: City Wide Risk Profile, City of Fredericton Lase o . .............. . Public.Safety Other Ikon e ment Canada Government. Governn Total Fundinglunding Funding Fundin and other Consultant fees $79,650.00 $75,000.00 $154,650.00 Exceptional transportation costs $6,350.00 $6,350.00 Subtotal -- Cash $86,000.0.0 $751000.00 $Q.M $161.000.00: Exceptional administrative costs $3,525.00 $3,525.00 Hazard, impact, risk, vulnerability and assessments $7,725.00 $7,725.00 Subtotal T- In-kind $11,250.00 $0.00 $1.1;250:00. ptal I:xpenditwres86;0�.Q0 I $86,250 00 $Q 00, ,. I $� 72,250:] 1. Cash. actual dollar value or revenues/funding received 2. In -Kind. noh-cash input which is given a cash value. Revenues for Fiscal Year 2019-20 Project.€it]e: Saint John River Flood Mitigation Pian Pre -execution start and end dates: 1 April 2019 — 28 February 2020 I. Cash: actual dollarvalue or revenuesyfunding.received 2. In -Kind: non-cash input which is given 0 cash value Project. Title: Saint John River Mood Mitigation Plan. 1. Cash: actual doilarvalue or revenues/funding received Z. In -Kind: non-cash input which is given a cash value Project Title: Fiend Proofing Design for. Musquash Water Pumping Station Pre -execution start and end dates: 1.Aprii 2019 — 31 March 2020 .......................................................................................................................................................................................................................................... Public Safety Canada $225;000.00. City of Saint Jahn $225,000.00 Subtotal — Cash $450,000.00 City of Saint John $11,5moo Subtotal — Inlcind $11,506.00 Total. Government FU.nding Government assistance 106.096 jrnunkipol, provincial; territoridl andfederal] cannot exceed 10OYo of eligible expenditures $451;500.00 1. Cash: actual dollar value or revenues/funding received 2. lh-Kind: non-cash input which is given a cash value Project Title: Flood Proofing Design for Musquash Water Pumping Station Consultant fees (project management) $225,000.00 $225,000.00 $450;000:00 .Subtotal Cash $225,000.00 $225,000.00 $0.00 $450,000.00 Small-scale structural flood mitigation measures $11,500.00 $11,500.00 Subtotal-lri-kind $17.;500:0.0 $0.00 $11,500M Tr�fal ... ..... .. .. . .... . . 1. Cash: actual dollar value or revenues/funding received 2. In -Kind: non-cash input which is given a cash value Project Title: Corhert Brook Culvert Renewal Pre -execution. start and end dates:) April 2019-31 March 2020 1. Cash: actual dollar value or revenues/funding received 2.1n -Kind: non-cash input which is given a cash value Project Title. Corbert Brook Culvert Renewal 1.. Cash: actual dollar Value or revenues funding received. Z. In-Kind:.non-cash input which is given a cash value Advance Payments (for each applicable project) Reporting Due Period Covered for Schedule Required documents Dates Advance payments Payment Date April April 1 to e. Written request for 39 days from initial payment; the receipt of December 31 ® Initial cashflow the reporting (Q1, Q2, and Q3.) statement with full year forecasts; October January 1 to. March 31. a Updated cashflow 30 days from statement with Q1 the receipt of and Q2 actuals, and the reporting (Q4) updated forecasts for Q3 and Q4; Final project report Final Payments (for each applicable project) Reporting Due Period Covered for Payment Amount and Schedule. Dates payments required documents Payment Date October April Ito s Initial cashflow 30 days from statement with.. the receipt of September 30 actuals for Q1 and Q2 the reporting (Q1 and Q2) 4 Interim project report April October 1 to ® Updated cashflow 30 days from statement with the receipt of March 31 actuals for Q3 and Q4 the reporting (Q3 and Q4) 19 Final project report Final Payment (Holdback) at the end of the agreement. ■ f=inal payment (holdback) from PS is released upon receipt and approval ofthe Final Project Report and the Final cashflow statement of each project in. this agreement. 4 Final Payment (holdback) = 3°%.of PS contribution amount. o The final cashflow statement (with actuals from all fiscal years) and the final project report for each specific project must.be submitted to P5 no mare. than ninety (90) days after the project's stated end date.. ■ The Final Payment (holdback) will be provided within 30 daysfro m the receipt of the reporting of the final cashflow statement and final pro1ect report. ` '88$88888888888888tit 888888888858888$88888884 8888888. � 8 8 8 8 8 .r. cs°eo��ooa�° cdaane� a a 8 = &. S. 8 8 y" 888&88888888888 a a a8888i88 �o a� aV sb G F o � r is 6 c 8 ° b 8 8 8 8 8 d c a $ � � d a. e �gyyy s 7 u W g � i o E Y e & 8888 8&888888888888888888 a p n L L 0 W Q Z a = # Category 1 New research and data collection. 2 Flood mapping and forecasting. 3 Flood resistant construction techniques. 4 Hazard mapping and forecasting. 5 Professiional services support Purchase of equipment used to undertake mitigation and/or support the implementation. of permanent structural mitigation measures 7 Building community partnerships for the purpose of disaster risk reduction. 8 Consultant fees. 9 Hazard, impact, risk, vulnerability and assessments. 10 Development of disaster mitigation plans. 11 Public awareness and education. 12 Building. standards and enforcement. 13 Nonwstructural retrofitting. 14 Land use planning controls. 15 Planning and feasibility activities for structural mitigation investments 16 Land purchases 17 Non-structural measures that will enhance proactive whole -of -community flood mitigation measures and resilience to associated hazards and risks 18 Small-scale structural flood. mitigation measures 19 Construction of new. permanent structural measures designated to mitigate the impacts of flooding 20 Improvement or modernization of existing permanent structural measures, 21 Post -flood finishing costs for measures undertaken within the eligible period. 22 Measures taken to protect primary residences only. 23 Other permanent structural flood mitigation measures and costs related to post -flood finishing measures 24 Exceptional salary costs, benefits and incidentals. 25 Exceptional administrative costs. 26 Materials. 27 Facilities. 28 Exceptional transportation costs. 29 Other incurred costs that are directly attributed to the implementation of.permanent structural and non-structural flood mitigation measures. Reporting Requirements: The funding recipient must submit. a project report that will indicate the Project implementation status, results achieved in accordance with its own performance management framework., project risk information update, and the financial expenditure requirements against the intended use and in accordance with Eligible Expenditures. The frequency of the reporting is indicated at Annex C. The National Disaster Mitigation Program (hereinafter "NDMP") Non -Financial Project Report captures the Recipient's progress with respect to an approved N DM P:Project. It is based on the NDMP Work Plan Template that is completed as part of the Project Proposal. Instructions for submitting a NDMP Non -Financial Project Report are as.foIIows: A) Generallnformation: 1. Enter the name of your Province / Territory. 2. Enter the Project Title of the project for which you are providing.a report. 3. Identify if this Non -Financial Project Report is an Interim or a Final report. 4. Enter the Reporting Period.of this Non -Financial Project Report by entering the start date and the end date of the reporting period. The reporting periods. are. indicated 1n Annex C. B) The Project Report Tables: The Project. Report contains two tables: the "Completed Project Activities" table and the "Incomplete Project Activities" table. 1. For the "Completed Project Activities" tabie, include the following information for each of the following columns: e "Activity": Enter a key activity that is related to your project o "Related Tasks (i.e. sub -activities": Enter the tasks that are required to complete the activity a "Deliverables/Products": Enter the outputs and/or products that will be produced as a result of the activity being completed a "Resources": Enter the Human Resources that will lead and/or contribute to completing the activity. Enter the materials and/or equipment that will be essential for completing the activity. ■ "Timelines (Start and End Dates)": Enter the start and end dates for completing the activity. "Considerations/Comments": Enter any additional comments and/or considerations that you feel are required to explain the status of the activity; and nate any project risk information updates in this column. 2. For the ".Incomplete Project Activities" table, include the following information for each of the following columns: "Activity": Enter a key activity that is related to.your project "Status of Related Tasks (i.e. "sub-activities"Y": Enter the tasks that are required to complete the activity, and their current status (i.e. "on track",'delayed", "done etc.) "Status of Deliverables (Lei progress update)": Enter the outputs and/o.r products that will be produced as a result of the activity being completed and their current Tor compteiing ine acTavny, ® "Timelines (Start and End Dates)": Enter the planned start and end dates for completing the activity. "Considerations/Comments": Enter the justification(s) for not completing the activity, provide any additional comments and/or considerations that:you feel are required to explain the status of the activity, and note any project risk information. updates in this column. .3. for the Official Languages related activities section; include. the following information for each of the following columns: "'Activity". Enter activity, event or other opportunity to promote. Official Languages that has occurred during the reporting period. e "Official Languages Communities impacted": List the Oficial Languages Communities impacted by the activity, event or other opportunity. a "Date": Enter the date of the activity, event or other opportunity. Project Title: Project Report Type: Reporting period; (enter start date) ("Interim" or "Final") (enterend date) 1. Completed Project Activities Related Tasks �p M Alttts Timelines CVstWp W6Y ls1 yt Activity (r.e.11sub- resources rt Comments activities") EndDates) 2, rrmwrrrv... ....r.....i..i.. ..... .. 3. «..,.�wm«.wxwnmxmmrmmiwwrrre..rw.m we..�i.......... .......W.............—wrrrr---- .�-�- �.m�......� "Y M Status of Status of Ti m—elines Activity Related Tasks Deliverables Resource s (Plauued Considerations/ (i.e. "sub- (i.e. progresp Start and Comments End Dates) . ........... . . ...... 4. ..... ....... Have thtwe been activitiesevents, or of c on annex Inclusive of both official language c nttte off" a ?taw ray tetatt pte t Activity Official Languages Communities Comtate impacted 1)LANNING ADVISORYI" October 21, 2019 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision (Money -in -Lieu of Land for Public Purposes) 40 Waterview Place The Committee considered the attached report at its October 16, 2019 meeting. Subbarao Nagaraj, the applicant, appeared before the Committee and was in agreement with the Staff Recommendation. One letter was received expressing concerns with the proposal. The city of Saint john After considering the report, letter and the comments made by the applicant, the Committee recommended that Council accept money -in -lieu of Land for Public Purposes. RECOMMENDATION: That Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the proposed subdivision at 40 Waterview Place (PID 00049924). Respectfully submitted, Eric Falkjar Chair Attachments Page 1 of 1 99 The City of Saint John Date: October 11, 2019 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Wednesday, October 16, 2019 SUBJECT Applicant: Padma and Subbarao Nagaraj Owner: Padma and Subbarao Nagaraj Location: 40 Waterview Place PID: 00049924 Plan Designation: Rural Residential Existing Zoning: Rural Residential (RR) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of land for public purposes in conjunction with the subdivision of land. SUMMARY The landowner is proposing to subdivide an additional building lot from the property. The proposal requires the assent of Common Council for money in lieu of Land for Public Purposes, which is recommended by Staff. Page 1 of 4 100 Padma and Subbarao Nagaraj 40 Waterview Place October 11, 2019 RECOMMENDATION That Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the proposed subdivision at 40 Waterview Place. DECISION HISTORY In 1988 a proposal to subdivide the site into four lots, each approximately one hectare in area, was denied based on concerns related to on-site servicing. The City's Subdivision By-law addresses on-site servicing through the requirement of a report from a qualified professional with respect to water supply for lots serviced by wells. The By-law requires notations on the Final Plan of Subdivision that approval of the plan by the Development Officer does not guarantee the quality or quantity of the groundwater supply nor the adequacy of the lot for the construction of an on-site sewage disposal system. This places the responsibility of on-site servicing suitability within the realm of qualified professionals. ANALYSIS Proposal The landowner has proposed subdivision of the site to provide an additional building lot from the main parcel. The proposal requires the assent of Land for Public Purposes or money -in -lieu of Lands for Public Purposes. Site and Neighbourhood The property is located in the Ragged Point area in Millidgeville and is 40,867 square metres in area. A single unit dwelling is located in the northern portion of the site near the terminus of Waterview Place. The site and adjacent neighbourhood are zoned Rural Residential (RR) and contain single unit dwellings on large lots. Municipal Plan The Ragged Point area is designated Rural Residential in the Municipal Plan. These are areas of low-density, unserviced, residential development outside of the Primary Development Area. Policy LU -106 of the Plan provides for limited subdivision in these areas, allowing a maximum of two lots to be subdivided from a host parcel, with the lots permitted to have an area of less than 4 hectares. The proposal conforms to the Municipal Plan policies governing development in the Rural Residential designation. Page 2 of 4 101 Padma and Subbarao Nagaraj 40 Waterview Place October 11, 2019 Zoning The proposed lot meets the requirements of the Rural Residential zone with the proposed lot and remnant both exceeding the 5350 square metre minimum lot size. Subdivision The Community Planning Act states that the creation of a new lot must include a dedication of Land for Public Purposes, or money -in -lieu of land, which requires the Committee and Council to consider accepting. Given the direction of the City's Subdivision By-law, staff recommends that Council receive money -in -lieu of Land for Public Purposes. This approach is supported by the City's Parks and Public Spaces service area. The proposed subdivision satisfies the standards of the Subdivision By-law with the exception of the remnant lot being a lot having frontage on two streets. This requires a variance from the standards of the Subdivision By-law, which will be processed by the Development Officer following the granting of the required assent by Common Council. Conclusion The proposed subdivision meets the intent of the Municipal Plan. Consistent with the direction established in the Subdivision By-law, Staff recommends that Council accept money -in -lieu of Land for Public Purposes. ALTERNATIVES AND OTHER CONSIDERATIONS There are no alternate considerations for this application. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on October 3, 2019. SIGNATURES AND CONTACT Primary Author I Manager Mark Reade, P.Eng., MCIP, RPP I Kenneth Melanson, MCIP, RPP Contact: Mark Reade Phone: (506)721-0736 E-mail: mark.reade@saintjohn.ca Project: 19-205 Page 3 of 4 102 Padma and Subbarao Nagaraj 40 Waterview Place October 11, 2019 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Plan of Subdivision Page 4 of 4 103 o�,GGEG POINT RD 1 Ja C: 0) E ca o O In C C!� �- a) C3 a) a) 0 c.� a> cn v a> a> 75 nn ou'o N U co LL r Mco W O co N U co LL r co W E O 4 U co (0 d N N O) C O co N F. U co L LL r co W U) L co O U co d N N +J co O) C O co N E Ja C: 0) 0 ' w-� C: x� ai E i-0 mcl ay a)qy qqu"a T v 7 6gf, �b b�F aJ� 6 N 8b << d b�,06d�s1 sf, 'Oaa O �O gyp. s�; 90. °sem yz '00 l �� O SS id d ,/o� ^� d 19*8g=oad N From: Labrie, Jennifer To: onestoo; Reade. Mark Subject: Landowner Comments - Proposed subdivision 40 Waterview Place Date: October 16, 2019 12:09:48 AM Hello Mr. Reade: We ask that you excuse the latest of this letter, as we are unexpectedly unable to attend the scheduled Planning Advisory Committee for this Wednesday October 16th. Therefore, our providing our comments via email in lieu of attending. We are landowners adjacent to the proposed subdivision, and have some concerns about future development that we would like addressed: I) Storm water drainage - Concern is that changes to the frontage along Waterview Place of the proposed subdivision would accumulate more snow or divert more water onto our property. The street surface is currently sloped so that the water runoff from the entire road width of Waterview Place (along Lots 85-7, 85-8 and 85-9) is sent down our driveway, along with snow melt. The water flow is significant, as evidenced by the signs of erosion on the road shoulder approaching our lot. In the winter and during spring thaw, the additional water flow from the road causes thick ice build-up down the length of the driveway, making our home access treacherous for car and foot traffic. 2) Further to point #l, future development of the proposed subdivision could increase impervious surface of the property and additional water spilling into the street, potentially compounding dangerous conditions on our driveway. Depending on the location of the future residential structures, any property grading sloping down towards Waterview Place would also aggravate the situation. We would like to understand what means of erosion control or water retention would be included to minimize/divert runoff as part of development. 3) Lastly, we would like clarification how the future development will respect clearances relative to surrounding well water and septic systems, with particular consideration of situations where the proposed subdivision could have a septic system breach that impacts the drinking water of neighbouring properties. Regards, Alain and Jennifer Labrie Landowners, Lot 85-6 (29 Waterview Place) Irving Email Disclaimer: This communication and its attachments are confidential and may be privileged. If you are not the intended recipient, please immediately notify the sender and then delete this communication and its attachments without reading it or forwarding it. Many thanks. Le present courriel et les fichiers qui y soot joints soot confidentiels et contiennent peut-etre des renseignements proteges. Si vous n'etes pas le destinataire pr&vu, veuillez en aviser imm&diatement 1'exp&diteur puis supprimez, sans les lire ni les transf6rer, le present courriel ainsi que les fichiers qui y soot joints. Merci.. This communication was sent by Irving Oil. Contact information for Irving Oil can be found at: http://www.irvingoil.com/who we are/contact us/ If you do not wish to receive future Commercial Electronic Messages from Irving Oil, please click on the following link to unsubscribe: unsubscribe@irvingoil.com Ce message a W envoy& par Irving Oil. Les `sK coordonnees d'Irving Oil se trouvent a : http://www.irvingoil.com/fr/qui nous_sommes/nous_contacter/ Dans le future, si vous preferez ne pas recevoir les messages commercials electroniques de Irving Oil, vous pouvez vous desinscrire en cliquant sur le lien suivant: unsubscribe@irvingoil.com 111 IIIIIIII IIIIIIII p llllllll 111111:"IIIIIII V11 N'11II I... " 111'1 October 21, 2019 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision (Money -in -Lieu of Land for Public Purposes) 431 Millidge Avenue The Committee considered the attached report at its October 16, 2019 meeting. Steven Saunders, the applicant, appeared before the Committee and was in agreement with the Staff Recommendation. Ms. Crystal Yeomans of 451 Millidge Avenue appeared before the Committee and was opposed to the proposal citing drainage concerns. In response to a question from the Committee, Staff noted that drainage is a civil matter between the two landowners and that the conditions imposed on the earlier rezoning of the property require a drainage plan be submitted with the Building Permit application for the proposed development. Staff also noted an additional rezoning of the portion of the rear of the site is required for a portion of the parking area for the proposed development. The City of Saint John The Chair of the Committee encouraged Ms. Yeomans to talk to the landowner of the subject property regarding her concerns. Reappearing before the Committee, Mr. Saunders noted the property owner would have a discussion with Ms. Yeomans regarding her concerns. One letter was received in support of the application. After considering the report, letter and the comments made by the applicant and area resident, the Committee recommended that Council accept money -in -lieu of Land for Public Purposes. Page 1 of 2 112 Kierstead, Quigley and Roberts 431 Millidge Avenue October 21, 2019 RECOMMENDATION: That Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the proposed subdivision at 431 Millidge Avenue (PID 00041483). Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 113 The City of Saint John Date: October 11, 2019 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Wednesday, October 16, 2019 SUBJECT Applicant: Steven R. Saunders Owner: 680707 NB Limited Location: 431 Millidge Avenue PID: 00041483 Plan Designation: Low to Medium Density Residential Existing Zoning: General Commercial (CG) and Two -Unit Residential Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of land for public purposes in conjunction with the subdivision of land. Page 1 of 5 114 Steven R. Saunders 431 Millidge Avenue October 11, 2019 SUMMARY Staff have received an application from Steven R. Saunders, on behalf of Cristian Parascan, to subdivide a lot at 431 Millidge Avenue. A portion of the subject site was previously rezoned to General Commercial (CG) in preparation to develop the rezoned area into a medical clinic and related office space. The proposed subdivision causes the requirement for Land for Public Purposes (LPP). Staff are recommending that money -in -lieu be accepted instead of land. RECOMMENDATION That Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the proposed subdivision at 431 Millidge Avenue (PID 00041483). DECISION HISTORY At its September 15th, 2014 meeting, Common Council adopted the following Section 39 (now 59) conditions in conjunction with the rezoning of the site: a) That the use of the property be restricted to a medical clinic or business office with a gross floor area not exceeding approximately 650 square feet; b) That all parking areas and driveways be paved with asphalt and enclosed by continuous cast -in-place concrete curbs to protect landscaping and facilitate proper drainage; c) No parking shall be located between the building and the street; d) That all disturbed areas of the site not occupied by buildings and vehicular areas must be landscaped; e) That the applicant's consultant conduct a traffic impact study and submit it to the City's Chief Engineer, or his designate, for review and approval prior to the issuance of the building permit. The study must review the proposed location of the access and assess the risk of the proposed access, and potential mitigation measures. All required improvements identified in the report as necessary to enhance the safety of the site must be included in the design on the site plan and completed prior to the occupancy of the building for business purposes; f) The storm water drainage for the site must be developed and maintained in accordance with a detailed storm water drainage plan and design brief prepared by the proponent and subject to approval by the Chief City Engineer or his designate; 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 Page 2 of 5 115 Steven R. Saunders 431 Millidge Avenue October 11, 2019 Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas, including location of planting materials and other site features; h) The approved plans mentioned in condition (f) and (g) above must be attached to the application for building permit for the development; and i) All work shown on the site plan and drainage plan must be completed by the proponent within one year of the building permit being issued." Council also approved the following variances: a) Reduce the required setback of an access to a lot from an intersection on Millidge Avenue to nil, whereas the Zoning By-law requires a minimum setback for an access to an intersection on Millidge Avenue of 30 metres; and b) Reduce the required separation between a pair of one-way accesses to a lot approximately 15.5 metres between the centre lines of each access, whereas the Zoning By-law requires a minimum of 20 metres. Since these decisions were made regarding 431 Millidge Avenue, there has been no development on the site. ANALYSIS Proposal The applicant, Steven R. Saunders (the surveyor for the landowner) is proposing the subdivision of a lot at 431 Millidge Avenue to allow for the development of the proposed medical clinic on the commercially zoned portion of the site. The proposal requires the assent of Land for Public Purposes or money -in -lieu of Lands of Public Purposes. Site and Neighbourhood The subject site is located in the northern portion of the City of Saint John at the periphery of the Millidgeville area. The lot is located on the western side of Millidge Avenue where the road intersects with Somerset Street. The lot is currently undeveloped with significant tree cover at the rear of the lot and steep elevation rising approximately 35 metres above sea level at its peak. The surrounding residential properties on Millidge Avenue consist of a variety of residential dwellings. The applicant had previously indicated that the subject site previously contained a single dwelling constructed sometime in the 1930s. City records indicate that the dwelling was demolished in 1980. This area of the City is well serviced by public transit and active transportation. Page 3 of 5 116 Steven R. Saunders 431 Millidge Avenue October 11, 2019 Municipal Plan and Rezoning The subject property is located in the Low to Medium Density Residential future land use designation on Schedule B of the City's Municipal Plan. This designation recognizes the compatibility that small-scale commercial land uses have with residential communities. The intent of the Plan is to help foster the development of "complete communities" over time by allowing land uses that are complimentary to residential neighbourhoods, such as the proposed medical clinic and related office space. A complete community offers convenient access for its residents to a mix of local services, housing, employment, recreating, transit, and active transportation. Subdivision The Community Planning Act states that the creation of a new lot must include a dedication of Land for Public Purposes, or money -in -lieu of land, which requires the Committee and Council to consider accepting. Conclusion Staff is in support of the subdividing of 431 Millidge Avenue into two lots, as well as accepting money -in -lieu of the Lands for Public Purposes. A future rezoning of a portion of the proposed lot is recommended to extend commercial zoning to the entire lot. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered for this application. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on October 4, 2019. APPROVALS AND CONTACT Primary Author Senior Planner/Manager Corey Cooper Mark Reade, RPP, P.Eng Kenneth Melanson, RPP Contact: Corey Cooper Phone: (506) 632-6846 E-mail: corey.cooper@saintjohn.ca Project: 19-0187 Page 4 of 5 117 Steven R. Saunders 431 Millidge Avenue October 11, 2019 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Plan of Subdivision Page 5 of 5 118 O q dye r N eU Q) C: :3 c D� a) ' � ON C!) > N 0 a) a) w -m r N eU Q) C: :3 c D� a) ' � > a) CO C!) tt� LL � a E 0 Lu 0 Eco 0 W 0 () aa) C C a) , :3z :D :D (D u C ? F Q co > LLL C3 C3 LL C� C� :y2 EE oak 2 � * 0 2 0 U ® m e .. �M 0 N N Im Corey Thanks, I didn't flip the attachment over, I didn't realize it was a two sided print. I support the request. Under Ratchford Property, we own 461 & 471 Tony Tony Ratchford Office 506 634 8244 Cell 506 3331537 IRD. L@.! Ib,o iIbn.cq,m From: Cooper, Corey <Ccr.r.ey Ccao er. sa ntjcr.h.n.: a> Sent: Thursday, October 10, 2019 8:40 AM To: 'tonyr@nb.aibn.com' <t2.ny.r. .n.k�.:ai..b.n.:ecr..m> Subject: RE: Subdivision 431 Millidge Ave Hello, The lot at 431 Millidge Avenue is proposed to be subdivided into an approximate 2,652 square metre lot (labelled Lot 19-1 on attachment #2 of the mailing) beside an access & utility services easement, while the remainder of the lot (labelled 680707 N.B. Limited on attachment #2) will be the second lot created in the subdivision. Hope this helps, Corey Cooper, MPlan Planner Growth & Community Development 10th Floor, City Hall e: corey.cooper@saintiohn.ca o: 506-632-6846 From: lon..Y.r..C�.! h...e.i n....c.2m [rna.ilter.:.tern..Y...r.�..nb. a.!.b.!:�. corn.j Sent: October 9, 2019 5:59 PM To: Cooper, Corey <Corr.ey Cca2 er(-sa.intacr.h.n..L2> Subject: Subdivision 431 Millidge Ave Mr. Cooper I have received your correspondence dated October 3rd, and I have no issue with this application. Are you able to indicate how the highlighted lot will be subdivided as this does not appear to be demonstrated in the mailing. Thank you. Tony Ratchford Office 506 634 8244 Cell 506 3331537 IRD. L@.! Ib,o iIb0.com `AIN 1)LANNING ADVISORYI" October 21, 2019 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision (Money -in -Lieu of Land for Public Purposes) 4343 Loch Lomond Road The Committee considered the attached report at its October 16, 2019 meeting. Paul Russell of 33 Fraser Avenue, appeared before the Committee and questioned the status of the former future street parcel, noting he does not favour a Public Street connection to Loch Lomond Road. City Staff responded to the question noting the street has been closed by the City and transferred to the applicant. As a result there will not be a street connection between Loch Lomond Road and Weldon Avenue / Fraser Avenue. One letter was received regarding the application. The city of Saint john After considering the report, letter and the comments made by area resident, the Committee recommended that Council accept money -in -lieu of Land for Public Purposes. RECOMMENDATION: That Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the proposed subdivision at 4343 Loch Lomond Road (PIDs 55206114 and 55024855). Respectfully submitted, Eric Falkjar Chair Attachments Page 1 of 1 128 The City of Saint John Date: October 11, 2019 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Wednesday, October 16, 2019 SUBJECT Applicant: Juanita Cheney Owner: Charles William Cochrane Location: 4343 Loch Lomond Road PID: 55206114 and 55024855 Plan Designation: Rural Settlement Existing Zoning: Rural Settlement Residential (RS) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of land for public purposes in conjunction with the subdivision of land. SUMMARY The landowner is proposing to subdivide the site into two building lots. The proposal requires the assent of Common Council for money in lieu of Land for Public Purposes, which is recommended by Staff. Page 1 of 3 129 Juanita Cheney 4343 Loch Lomond Road October 11, 2019 RECOMMENDATION That Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the proposed subdivision at 4343 Loch Lomond Road. DECISION HISTORY In 1984, the City accepted a parcel of land (PID 55206114) as vested street right-of-way. This allowed for the lots fronting on Loch Lomond Road, on either side of the Future Street parcel, to be subdivided into building lots with the City being responsible for developing the street later on. In 2010, the Future Street parcel was stopped up and closed and transferred to a private owner. ANALYSIS Proposal The landowner has proposed subdivision of the site into two building lots. The proposal requires the assent of Land for Public Purposes or money -in -lieu of Lands for Public Purposes. Site and Neighbourhood The property is located on the east side of the City on the Treadwell lake area northeast of the Saint John Airport. The site is comprised of two parcels: • PID 55206114, a 1949 square metre parcel of land that was a former street right-of-way, and • PID 55024855, a 6289 square metre parcel of land. Both parcels of land have frontage on Loch Lomond Road and Weldon Avenue/Fraser Avenue. The site and adjacent neighbourhood are largely zoned Rural Settlement Residential (RS) with the neighbourhood containing single unit dwellings. A church and the Hope Centre are located immediately east of the site and are zoned Neighbourhood Community Facility (CFN). Municipal Plan The site and surrounding area are designated Rural Settlement in the Municipal Plan. The Treadwell Lake area is one of three such areas in the Municipal Plan that contain elements of a complete community where rural residential development is encouraged. Policies LU -101 and LU -102 of the Plan support housing consistent with the surrounding community and allow for lot sizes less than 4 hectares. The proposed subdivision conforms to the intent of the Municipal Plan. Zoning and Variances The proposed lots generally meet the requirement of the Rural Settlement Residential (RS) zone. However, variances to permit reduced lot areas, along with reduced lot frontage and depth for one of the lots will be required. The Development Officer will process these variances following the granting of the required assent by Common Council. Page 2 of 3 130 Juanita Cheney 4343 Loch Lomond Road October 11, 2019 Subdivision The proposed subdivision satisfies the standards of the Subdivision By-law. The Community Planning Act states that the creation of a new lot must include a dedication of Land for Public Purposes, or money -in -lieu of land, which requires the Committee and Council to consider accepting. Given the direction of the City's Subdivision By-law, staff recommends that Council receive money -in -lieu of Land for Public Purposes. This approach is supported by the City's Parks and Public Spaces service area. Conclusion The proposed subdivision meets the intent of the Municipal Plan. Consistent with the direction established in the Subdivision By-law, Staff recommends that Council accept money -in -lieu of Land for Public Purposes. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on October 3, 2019. APPROVALS AND CONTACT Primary Author Manager Mark Reade, P.Eng., MCIP, RPP Kenneth Melanson, MCIP, RPP Contact: Mark Reade Phone: (506)721-0736 E-mail: mark.reade@saintjohn.ca Project: 19-110 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Plan of Subdivision Page 3 of 3 131 N q IFAM m C:0) E -r- o r -I I-0 I co co co r cc 0 0 E C: 0) 0 00 at C!) 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O E O J L U O J O N E N 7 C N Q L U) co L LL O co U) Ja C: 0) 0 ' w-� C: x� ai E 0 _ a) a) �O \ 00 N N� U � N N +j O h � r O -Hcn NE U N Q N N O O J N 0) \ Q� o� N I O 000 O O From: matthew eveleiah To: Reade. Mark Subject: Proposed subdivision 4343 -Loch Lomond Date: October 16, 2019 12:28:00 PM Good day Mark Reade, I am sending you this email about proposed subdivision on 4343 Loch Lomond road, I live on Fraser ave and I am against the application. Thanks, Sent from my iPhone 1 41 COUNCIL REPORT M&C No. 2019-286 Report Date October 24, 2019 Meeting Date November 04, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Enhanced Reporting Process for Closed Session Meetings OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jonathan Taylor/Patricia Anglin Jonathan Taylor John Collin RECOMMENDATION That the City Manager be directed to implement the following closed meeting practices commencing on November 4t", 2019: Recommendations from closed session Committee of the Whole of Council which require a resolution to be adopted by Common Council in a regular open session meeting are to be accompanied by a Committee of the Whole report to form part of the public record. EXECUTIVE SUMMARY The City's current practice for holding closed Committee of the Whole of Council meetings complies with all relevant provisions of the Local Governance Act ("LGA"), the Right to Information and Protection of Privacy Act ("RTIPPA") and Council's Procedural Bylaw. Staff recommend that Council adopt a new reporting procedure for closed session meetings whereby a staff report would be added to the open session meeting agenda and form part of the public record. The current practice is that only the resolution from closed session meeting is made public. This enhanced reporting procedure reflects the City of Saint John's ongoing effort to improve the ease -of -access and transparency of the legislative process to ensure the public is aware of how decisions are made and carried out. M191 -2 - PREVIOUS RESOLUTION N/A REPORT Transparency, accountability and openness are essential elements of good government. Public access to information is important to ensure that governments are open and transparent and that citizens are provided with as much information as possible into Council's decision-making process and the expenditure of public funds. The LGA requires that Council and Council Committees conduct their meetings in format that is open to the public. However, the legislation does permit a Council or Council Committee to hold a closed session meeting if discussing the following matters: (a) information of which the confidentiality is protected by law, (b) personal information as defined in the RTIPPA, (c) information that could cause financial loss or gain to a person or the local government or could jeopardize negotiations leading to an agreement or contract, (d) the proposed or pending acquisition or disposition of land, (e) information that could violate the confidentiality of information obtained from the Government of Canada or from the government of a province or territory, (f) information concerning legal opinions or advice provided to the local government by its solicitor or privileged communications between solicitor and client in a matter of local government business, (g) litigation or potential litigation affecting the local government or any corporation referred to in subsection 8(1), the local government's agencies, boards or commissions including a matter before an administrative tribunal, (h) the access to or security of buildings and other structures occupied or used by the local government or access to or security of systems of the local government, including computer or communication systems, (i) information gathered by the police, including the Royal Canadian Mounted Police, in the course of investigating any illegal activity or suspected illegal activity, or the source of that information, (j) labour and employment matters, including the negotiation of collective agreements. Importantly, although Council is permitted to meet in a closed session it cannot make official decisions during these meetings, with the exception of: procedural matters; or directions to an officer, employee or solicitor of the local government. -3 - Current City Practices The City's current practice for holding Committee of the Whole of Council meetings complies with all relevant provisions of the Local Governance Act (LGA), the Right to Information and Protection of Privacy Act (RTIPPA) and Council's Procedural Bylaw. Prior to calling a closed session meeting to order, the Committee of the Whole of Council votes on whether to accept the staff recommendation to discuss the proposed agenda items in closed session. Meeting minutes are kept and made publicly available which record the attendance, topics discussed, the relevant LGA section permitting the closed session discussion, and the resolution of the Committee of the Whole approving the topics/agenda items to be discussed on the closed agenda. Many of the items discussed in a closed session meeting require the adoption of a Common Council resolution in a regular open session meeting. When this is the case, the city's current practice is to only include the Committee of the Whole's recommendation (resolution) in Council's open session agenda. The closed session report and accompanying materials are kept confidential. Enhanced Reporting Process The enhanced reporting process will require staff to prepare a report for addition to the open session agenda for any items discussed in closed session that require an open session Council resolution. In this new process staff would have the option to recommend that the entire closed session report be added to the open session agenda or, alternatively, staff would prepare a supplementary report entitled Public Report from Committee of the Whole to summarize the closed session report while removing any confidential/protected components. This enhanced reporting procedure reflects the City of Saint John's ongoing effort to improve the ease -of -access and transparency of the legislative process to ensure the public is aware of how decisions are made and carried out. It is recommended that Common Council adopt the following resolution to adopt this new procedure: That the City Manager be directed to implement the following closed meeting practices commencing on November 411, 2019: Recommendations from closed session Committee of the Whole of Council which require a resolution to be adopted by Common Council in a regular open session meeting are to be accompanied by a Committee of the Whole report to form part of the public record. `EN -4 - STRATEGIC ALIGNMENT Fiscally Responsible Governance - Ongoing work in refining and updating Council policy and procedures contributes to a more efficient and well-run city, as well as improved accountability and transparency. Council must provide the public with access to their decision-making process and the use of public funds. SERVICE AND FINANCIAL OUTCOMES The report supports the governance and access to information to deliver open and inclusive reporting. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City of Fredericton, Ottawa, Calgary ATTACHMENTS `[193 1 41 COUNCIL REPORT M&C No. 2019-269 Report Date October 23, 2019 Meeting Date November 04, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Amendment 1 to Unified Communications -Centrex Multi -Provincial Blended Rates Services Schedule OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Sarah Ranson Stephanie Rackley -Roach Neil Jacobsen John Collin RECOMMENDATION The City Manager recommends that the Mayor and Common Clerk be authorized to execute the Amendment 1 to Unified Communications -Centrex Multi - Provincial Blended Rates Services Schedule agreement with Bell Aliant for landline telecommunications at the rates listed in the existing agreement (attached). EXECUTIVE SUMMARY The City's landline telecommunications contract has leveraged the Provincial rates since November 2016. The City's agreement with Bell Aliant, based on the Provincial contract, will expire on November 15 2019. By leveraging the new two-year Provincial contract, the City receives the same rates and terms as in the current contract. The City must execute the attached contract to maintain rates and benefit from the loyalty program. PREVIOUS RESOLUTION During Open Session on November 28 2016 Council entered into an agreement with Bell Aliant for landline telecommunications services. 5.8 That as recommended by the City Manager in the submitted report M&C 2016-289: Voice Communication Services for the City of Saint John: 1. The City enters into a Unified Communications & Centrex Multi -Provincial Blended Rates Services Schedule agreement Bell Aliant Regional `[E1I -2 - Communications, Limited Partnership (Bell Aliant) for the delivery of unified Centrex telephone services; 2. The City enters into a Loyalty Program Schedule agreement with Bell Aliant Regional Communications, Limited Partnership (Bell Aliant); and, 3. The Mayor and Common Clerk be authorized to execute the necessary documents. REPORT The current landline telecommunications services agreement with Bell Aliant expires on November 15 2019. There is currently no desire to switch systems or service providers as the landline telecommunications system is reliable and the City receives pleasant customer service from Bell Aliant when any technical needs are identified. In the proposed amendment, the rates for Centrex and VoIP phones remain the same and the agreement is extended for two years. The minimum commitment of 400 lines also remains the same. The City also takes advantage of the loyalty program under this contract, which provides a 15% rebate on all services provided by Bell Aliant; such as Internet, Ethernet, landline telecommunications and long distance calling. STRATEGIC ALIGNMENT As outlined in Council Priorities, the City is looking for strategic approaches to financial management, including leveraging collaborative procurement opportunities. Bell Aliant is offering the City the same rates that were negotiated by the Province of New Brunswick. SERVICE AND FINANCIAL OUTCOMES The rates in the proposed amendment maintain current rates. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Materials Management department is supportive of extending the landline telecommunications contract with Bell Aliant. The City Solicitor's Office has reviewed the amendment. ATTACHMENTS Amendment 1 to Unified Communications -Centrex Multi -Provincial Blended Rates Services Schedule Mal -3 - Unified Communications -Centrex Multi -Provincial Blended Rates Services Schedule (original contract). DocuSign Envelope ID: 61344EFF6-C9130-41 DB-8512-6444E2F9AEBD Master Agreement Number. CN -0807-8441 Services Schedule Number: CN -1606-55132 EIAliant Amendment Number: CN -1907-65236 Amendment 1 to Unified Communications -Centrex Multi -Provincial Blended Rates Services Schedule, made effective as of November 15, 2019 ("Amendment"). Between: City Of Saint John (the "Customer") and Bell Aliant, a division of Bell Canada ("Bell"), WHEREAS Bell and Customer entered into a Unified Communications -Centrex Multi -Provincial Blended Rates Services Schedule (CN -1606-55132) effective as of November 15, 2016 (the "Services Schedule"); AND WHEREAS both parties desire to amend the Services Schedule as described in this Amendment; NOW THEREFORE the parties agree as follows: 1. Section 2(a) and 2(b) of the Services Schedule is hereby deleted and replace with the following: ,,a. Initial Service Term: The Initial Service Term is for a period of 60 months, effective November 15, 2016. b. Service Renewal Term: Bell will notify the Customer at least 60 days prior to the expiration of the Service Term and seek the Customer's consent to renew this Services Schedule, on the same terms and conditions, for a term equal in length to 36 months. In the event the Customer does not respond to the renewal notice, or the notification is not received by the Customer, this Services Schedule shall automatically renew for consecutive Service Terms each equal to 30 days and may be terminated upon 30 days' notice by either party. The Fees charged for the Services during each of the 30 day Service Terms shall be the month-to- month fees then in effect for the Services" 2. All other provisions of the Services Schedule remain in full force and effect, unchanged. IN WITNESS WHEREOF the parties have executed this Amendment as of the date herein above first written. City Of Saint John SIGNATURE: NAME: TITLE: I am authorized to bind Customer to the terms and conditions of this Amendment. DATE: City Of Saint John SIGNATURE: Bell Aliant, a division of Bell Canada DocuSigned by: SIGNATURE:F NAME: Steve Titus I am authorized to bind Bell Canada to the terms and conditions of this Amendment. DATE: 2019-07-30 YYYY-MM-DD Amendment to Services Schedule Version v1.1 (e -ml) Page 1 of 2 July 17, 2017 `A DocuSign Envelope ID: 61344EFF6-C9130-41 DB-8512-6444E2F9AEBD MlAliant NAME: TITLE: I am authorized to bind Customer to the terms and conditions of this Amendment. DATE: Master Agreement Number: CN -0807-8441 Services Schedule Number: CN -1606-55132 Amendment Number: CN -1907-65236 Amendment to Services Schedule Version v1.1 (e-rnl) Page 2 of 2 July 17, 2017 `�1:j L r7l _7 DocuSign En'&Gpe ID: 4DDCA893-12F9-4AF9-B593-937F3 3JA8841 1Number:reement Number: CN -0807-8441 i�s 'chedule Number: CN -1606-55132 BdIAH'ant v� UNIFIED COMMUNICATIONS & CENTREX MULTI -PROVINCIAL BLENDED RATES SERVICES SCHEDULE Customer Name: City Of Saint John (the "Customer") The services described in this Unified Communications & Centrex Mufti -Provincial Blended Rates Services Schedule (the "Services Schedule") are provided in accordance with and governed by either i) a Master Services Agreement between the Customer and Bell Aliant Regional Communications, Limited Partnership ("Bell Aliant"), subsequently assigned by Bell Aliant to Bell Canada (the "MSA")-, or ii) a Master Communications Agreement between the Customer and Bell Canada ("Bell") (the "MCA"), whichever is applicable. The MSA and MCA, whichever is applicable, shall herein be referred to as the "Master Agreement" Bell and the Customer agree that this Services Schedule is attached to and forms part of the Master Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Agreement and the Services Scheclutle, 1. TARIFFED/REGULATED SERVICES a. Regulated Services: Regulated Services shall be provided in accordance with the applicable regulafions and Tariffs. 2, TERM a, Initial Service Term: The Initial Service Term is for a period of 36 months, effective November 15, 2016. b. Service Renewal Term: Bell will notify the Customer at least 60 days prior to the expiration of the Service Term and seek the Customer's consent to renew this Services Schedule, on the same terms and conditions, for a term equal in length to the Service Term. In the event the Customer does not respond to the renewal notice, or the notification is not received by the Customer, thus Services Schedule shafl automatically renew for consecutive Service Terms each equal to 30 days and may be terminated upon 30 days notice by either party. The Fees charged for the Services during each of the 30 day Service Terms shall be the month-to- month fees then in effect for the Services. c Use of Service beyond Service Term: If the Customer for any reason continues to use the Services after the expiry or termination of this Services Schedule, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer uses the Services, except that the Fees shall, be the month-to-month fees then; in effect for the Services. 3. SERVICE a. Definitions: i. "Access Lines" means an individual PSTN number that is provided by Bell either via a copper based Centrex Service or via a packet data application service such as Unified Communications ("LIC"), ii. "Centrex Service" means the Centrex Services described in Appendix C to this Services Schedule, iii. "Change Request" means any installation or modification of hardware, system and application software, procedures, and environmental facilities, which adds to, deletes from, or modifies the Service delivery environment or its attached network, iv, "Demarcation Point - UC Service" means a BeH device on the Customer premise that separates the Customers Wide Area: Network ("WANI") and/or FibreOP modem from the Customer Local Area Network ("LAN") It is commonly referred to as the Customer edge router and/or FibreOP modern. This separation point is used for operational troubleshooting and allows for determination of where a source problem is occurring. v. "Incident" means when a system or service is not working properly, when there !is an unplanned interruption in a system or service or when items such as hardware, software, etc have failed or fail to perform as expected j. "Incident Ticket" means the database record captured by Bell, which contains relevant information associated with a reported UC Ser0ce interruption by either the Customer or by Bell, and which pertains to the interruption of a particular LIC Service. vi "Maintenance Windows" means the times when Bell may interrupt service to perform routine maintenance and upgrades to the LIC Service. vii. "Mean Time to Restore ("MTTR")" means for a stated period in the life of a functional unit (a component of the network), the average time to restore a service to normal operating capabilities from the time that said Service Interruption is identified by Bell or Bell receives a notification of outage from the Customer, each resulting in the creation of an Incident Ticket by Bell. Unified Communications & Centrex Multi -Provincial Blended Rates Services Schedule Version 2.1-1606-55132b Page I of 11 November 22, 2016 DocuSign Envelope 0: 4DDCA893-12F9-4AF9-B593-937F389AB841 BeIlAliant Master Agreement Number: CN -0807-8441 Services Schedule Number: 6N-16013-55132 viii "Packet Data Bandwidth" means the rate of data transter or throughput on a Packet Data Network measured in bits per second, it also encompasses the ability to prioritize transport of LIC packets on a data network in order to ensure that there are minimum negative impacts to UC applications from traffic congestion/delay in receiving packets, ix. "Packet Data Network" means an Internet Protocol ("IP") communication network that transports data to and from destinations using suitably formatted units / blocks of data called packets. x. "'Services" means the Centrex Service and the UC Service together. A. "Service Day" means any calendar day, 24 hOUrs a day, 365 days a year or 366 days during a leap year. xd. "Service Interruption" means the interruption of UC Service to the Customer whether temporary, intermittent or prolonged xiii. "UC Service" means the UC Service described In Appendix B to this Services Schedule. 4. FEES a. Fees Schedule: 11 Forborne Services: For forborne Services, as of the execution date of this Services Schedule, the monthly Fees oer Access Line shall be: (1) fees: rates will be averaged in both the Tariffed and forborne exchanges across the following locations: Location Description Monthly Fees Now Brunswick UC -Office $22.50 UC -Mobile Office UC -Executive Office $25.00 . ............... $27.50 Centrex $23.25 (2) Fees When Terminatin_q on Multi -bine Equipment: For access lines for which the Customer and Bell have executed a Multi -line Services Schedule, the rates per access line will be specified in that agreement. Otherwise, the Fees per access line is: Location . ...... . .... , , , Monthly Fees Nova Scoba $54,95 Prince Edward Island $61,25 Newfoundland and Labrador Band A $50.45, Band 131 $52.95, Band B2 $57,95 New Brunswick $56-55 (a) Newfoundland and Labrador J applicable, equivalent line service of $1,95 is not jnCUdecl and is in addition to each central office or multi -line access so arranged (b) New Brunswick: business communications link feature of $4.00 is not included and is in addition to the access line rate. (3) Upon request, Centrex Service voice mail service shall be provided at $5.50 per each voice mail service. (4) UC Office: Upon request, professional service charges shall apply in completion of MS Lync integration 2010 and 2013. b. Additi:onall-Fees and E_quipmenit: i If applicable, any additional service charges related to the provisioning or to the relocation of the Services shall be charged at Boll's then prevailing rates. ii, Access Lines may be added during the Service Term at the same rates as set out in Section 4(a) and for a period co -terminating with the Service Term, Unified Communications & Centrex Multi, -Provincial Blended Rates Services Schedule Version 2.1-1606-55132b Page, 2 of 11 `N191 Novembei-22, 2016 DoCUSign Envelope 0: 4DDCA893-12F9-4AF9-B593-937F389AB841 BellAliant Master Agreement Number: CN -0807-8441 Services Schedule Number: CN -1606-55132 lit Access Lines may be relocated to other (existing or new) Customer locations within the province they have been installed without payment of Termination Fees provided the relocated Access Lines remain part of the existing Services. iv. One time charges may be applicable in provisioning the Packet Data Network and/or RbreOP High - Speed ("FibreOP") v. Professional Services: Bell resources may be required to assist with aspects of the implementation of the UC Service. Upon acceptance from the Customer, any charges associated with professional services shall be charged at Bell's then; prevailing rates. vi Equipment: upon a mutually agreed technical design, any equipment deployed (optional and/or required) in the provisioning of the LIC Service, and unless otherwise specified, shall be in addition to the UC Service and shall be procured through standard procurement process between Bell and the Customer. c. Fees listed in this Services Schedule are exclusive of Sales and Use Taxes, as defined in the i or Taxes, as defined in the MCA, whichever is applicable. cl. Minimum Commitment: 1, Minimum Commitment by Province: The Fees in Section 4(a) are based on the Customer maintaining a combined minimum monthly commitment of Access Lines per province, as set out below: Location minimum Number of Access Lines Period Nova Scotia Prince Edward Island Newfoundland and Labrador 475 Access Lines in months 1-12 of Initial Service Term New Brunswick (see note 1) 450 Access Lines in months 13-24 of initial Services Term, 400 Access Lines thereafter Note 1: For New Brunswick, on the effective date of this Services Schedule the Customer agrees that there are 539 Access Lines in the Customer's system. ib. In Nova Scotia, Prince Edward Wand and Newfoundland and Labrador, if, due to the removal of any Access Lines, the Customer falls below the minimum monthly commitment of Access Lines in each Province, the Customer shall continue to pay for the minimum number of Access Lines, iii. In New Brunswick, Access Lines may be removed during the Service Term without incurring a termination penalty provided the total number of Access Lines remains above the corresponding minimum monthly Access Line commitment as outlined in Section 4(d)(i) above. If the number of Access i decreases below the corresponding minimum monthly Access Line commitment, the Customer will be required to pay $25.00 per month per Access Line below the corresponding minimum monthly Access Line commitment. e. Termination: l. In Nova Scotia and Prince Edward Island, if the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Term. These Termination Fees will be applied to the minimum monthly commitment of Access Lines. For clarity, these charges replace the Termination Fees set out in the Master Agreement. ii. In Newfoundland and Labrador, if the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Term. These Termination Fees will be applied to the initial group of Access Lines provided at the effective date and all additionalf Access Lines added after the effective date. For clarity, these charges replace the Termination Fees set out in the Master Agreement. iii. In New Brunswick, if the Customer terminates all the Services during the Service Term, the Customer will be required to pay the total of the monthly rates per Access Line for each month of the unexpired portion of the Service Term. These Termination Fees will be applied to the initial monthly commitment of Access Lines plus alll additional Access Lines added after the effective date. For clarity, these charges replace the Termination Fees set out in the Master Agreement Unified Communications & Centrex Multi -Provincial Blended Rates Services Schedule Version 2.1-1606-55132b Page 3 of 11 151 November 22, 2016 DocuSign Envelope ID: 4DDCA893-12F9-4AF9-B593-937F389A6841 Master Agreement. Number: CN -0807-8441 MlAliant Services Schedule Nurnber: CN -1606-55132 iv. Termination Fees: Termination Fees shall be applied based on the lowest of the monthly Fees for the Services set out in Section 4(a)(i)(1). f, Combined! Forborne Access Line Commitment: 7- 1. The Customer agrees to maintain no less than 100% of the total minimum monthly commitment Access Lines in New Brunswick in the forborne exchanges. is. Should the Customer fail to meet the requirements of Section 4(f)(i) the average rate may need to be adjusted by Bell to ensure continued compliance with the applicable Tariffs. 5. OTHER TERMS AND CONDITIONS a. The Customer acknowledges when using UC Service to call 9-1-1 that the caller's location is not provided with the 9-1-1 call therefore the user must supply the operator with the address of where the emergency is taking place. To acknowledge, the Customer understands the limitations of the 9-1-1 service associated with UC Service, the Customer is required to review and execute a copy of Appendix A attached to this Services Schedule. b, The Customer's data network, a transmission facility between the LIC Access Line provided by Bell and the Ethernet port at the Customer end, may be acquired from any supplier, special conditions may apply. c, Bell is not responsible or flable when a modification made by the Customer to the Customer's data network results in operational problems with, or failure of the LIC Service, The Customer shall be responsible, at the Customer's expense, for changes necessary to re-establish the LIC Service. By signing below, Bell and the Custo er agree that this Services Schedule is attached to and forms part of the Master Agreement. 0 City Of Sain on Bell Affiant, a division of Bell Canada MAYOR: T, SIGNATURE! NAME: 'X NAME: Steve Titus J COMMON CLERK TITLE: pi rector of, al s NAME'. I am, authorized to bind Customer to the terms and I am authorized to bind Bell Canada to the terms and cond4ions of this Services Schedule. conditions of this Services Schedule. RESOLUTION �6 f� DATE: DATE: 2016-11-29 YYYY-MM-DD YYYY-MM-DD Unified Communications &Centrex Mufti -Provincial Blended Rates Services Schedule Version 2.1-1606-55132b Page 4 of 11 `W November 22, 2016 DocuSign Ell ID: 4DDCA893-.12F9-4AF9-B5,93-937F389AB841 Master Agreement NUmber. CN -0807-8441 BidiAliant, Services Schedule Number CN -1606-55132 APPENDIX A TO UNIFIED COMMUNICATIONS & CENTRE; MULTI-PROVIINCIAL BLENDED RATES SERVICES SCHEDULE CONSENT TO 9-1-1 SERVICE RESTRICTIONS DIALED LIC SERVICE To: Belli Aliant, a division of Bell Canada ("Belli") From: City Of Saint John ("Customer") Date: November 15, 2016 1. The Customer has requested and Bell has agreed to provide the Customer with UC Service in accordance with applicable tariffs. 2 Pursuant to the direction of the Canadian Radio -television and Telecommunications Cornmiss%on Bell is required to notify the Customer of restrictions on 9-1-1 emergency service dialed from UC Service and obtain the Customer's consent to such 9-1-1 restrictions prior to LIC Service commencement, As such, important information regarding restrictions on 9-1-1 emergency service and UC Service is set out below This information is in addition to information set out in the Tariffs and may be subject to change, 3. Notice of Important Restriction on 9 1 1 Service dialed from UC Service, • Your 9-1-1 emergency call will go to an operator', you must provide your location (address) to the operator who wll then route your call to the 9-1-1 response centre that serves the location you have provided, • Your 9-1-.1 emergency call will not be automatically routed to a 9-1-1 response centre and your location information and phone number will not be automatically delivered to the 9-1-1 response centre. • The operator will not know where you are calling from unless you provide accurate location information (address) when asked. • The operator will not be able to complete your 9-1-1 emergency caul if you call from outside Canada or from a location within Canada not serviced by 9-1-1. 9-1-1 emergency calls from a PC, Mac Phone or UC mobile access application may take longer to be connected to the correct 9-1-1 response centre than calls made from a traditional wireline phone. Your PC or Mac Phone is subject to your Internet and/or network availability which may be affected by power outages or other interruptions in service. Whenever possible, use a traditional wireline phone for 9-1-1 emergency calls. You should keep your address information Current with Bell as the operator may assume that you are at the last registered address if you are not able to speak during a 9-1-1 call. When making a 9-1-1 call, do not hang up until told by the operator to do so, and call back if You are disconnected. Make sure that you and any users of your PC, Mac Phone or LIC mobile access application are familiar with the nature and limitations of 9-1-1 type calling on the UC Service. 4, W'eb Portal Without limiting the service restrictions set out above, Bell Aliant advises that LIC Service includes a web portal which customers may use to input, and update as needed, the most likely address and location information for telephone numbers provided with the UC Service, As outlined above, due to the nature of the lJ,C Service, correlation between a telephone number and the address and location of the end-user is not always possible for the 9-1-1 Service. Customer is solely responsible for providing the correct address and location information via the web portal which may be used by the PSAP if the 9-1-1 caller is unable to identlfy his location. It Customer does not provide the correct address and location information, emergency services may be dispatched to the wrong address. In such cases, Bell Allant and its suppliers are not liable for any and ail claims or actions arising out of any such misrouted 9-1-1 calls, By signing below the Customer acknowledges that it has received notice of, and understands and consents to, the 9- 1-1 Restncfions set out in this Appendix A, Unified Communications & Centrex i i n cial Blended Rates Services Schedule Version 2.1-1606-55132b Page 5 of 11 November 22, 2016 Mv DocuSign Envelope ID: 4DDCA893-12F9-4AF9-B593-937F389AB841 BdlAliant City Of Saint Jot MAYOR: NAME: COMMON C1..ERK NAME: --7 2"" RESOLUTION DATE: YYYY-MM-DD Master Agreement Number: CN -0807-8441 Servlces Schedule Number: CN -1606-55132 Unified Communications & Centrex Multi -Provincial Blended Rates Services Schedule Version 2.1-1606-55132b Page 6 of 11 W1511 November 22, 2016 Docu&gn Envelope ID: 4DDCA893-12F9-4AF9-B593-937F389AB841 Master Agreement Number CN -0807-8441 BdlAllant Services Schedule Number: CN -1606-55132 APPENDIX 8 TO UNIFIED COMMUNICATIONS & CENTREX MULTI -PROVINCIAL BLENDED RATES SERVICES SCHEDULE 1. UC SERVICE a. Description of UC Service: i. UC Service is a hosted IP telephony service provided on a per seat basis. The UC Service permits calls to and from the Public Switched Telephone Network ("PSTN") and is connected via FibreOP andior a Packet Data Network if Packet Data Network, the UC Service requires the Customer to provide Packet Data Network of sufficient bandwidth and quality to support the UC Service. J, FibreOP: The voice network access over a FibreOP connection provides the Customer's transport facilities for voice traffic between the Customer LAN and the LIC Service. The UC Service Demarcation Point may vary depending upon the Customer's Data Network design, iii. Voice network access over Packet Data Network: The voice network access over a Packet Data Network portion of the UC Service provides the Customers transport facilities for voice traffic between the Customer's LAN and the UC Service, The UC Service Demarcation Point may vary depending upon the Customer's Data Network design. iv. Packet Data Network Options: the following are the Packet Data Network options: (1) Existing Bell Packet Data Network Customer: (a) Packet Data Bandwidth delivered using Ethernet or Dedicated B isiness Internet. For Customer's that require additional Packet Data Bandwidth to deliver the LIC Service at a site location(s), Bell agrees to provision additional UC specific circuit(s) at no additional cost to the Customer. (b) Excess Ethernet /Internet Protocol VirtUal Private Network ("IP VPN") Packet Data Bandwidth Capacity: For Customer's 'w%th sufficient excess Packet Data Network bandwidth capacity at a site location, Bell may utilize the spare capacity on the network and supply the Quality of Service ("QoS") specifications at no additional cost to the, Customer, subject to the Customer accepting Bell's design standards, made available as required to the Customer. (2) Insufficient Packet Data Bandwidth Capacity: (a) Ethernet /Internet Protocol Virtual Private Network MP VPN") Packet Data Bandwidth Capacity. For Customer's that require additional Packet Data Bandwidth to deliver the UC Service at a site location(s), the Customer will be required to upgrade existing circuit(s), based on a Bell recommended technical design, and Bell will supply the Quality of Service ("QoS") specifications for the upgraded circuit at no additional cost to the Customer. Charges for the upgrade of the circuit(s) shall be at Bell then prevailing rates. Upon upgradeof circuit(s) the conditions in Sectioril (a)(iv)(1)(b) above shall apply. (3) Customer sites without Packet Data Network: (a) Customers without Packet Data Network at a site location may receive the LIC Service, whereby Bell can provision an Ethernet Packet Data Network with sufficient QoS bandwidth to transport the voice traffic. Provisioning of this Service is subject to certain conditions including but not limited to Belll's right to charge for a Packet Data Network, and a minimum number of users. (4) Customer with Packet Data Network with another Service Provider: Customer with Packet Data Network provided by another service provider other than Bell may be eligiUe to receive UC Service, subject to specific conditions which may require additional incremental costs to the Customer for any modifications to the UC Service. Any such modifications sh,ai,l be mutually agreed upon by both parties and subject to the Customer accepting Beil's design standards, made available as required to the Customer. (5) Special Condlitions: Notwithstanding Section 11(a)(iv) above, if the cost to install and or upgrade circuits) is cost prohibitive to Bell, Bell may charge the Customer for the cost associated with the upgrade or provisioning of the new circuit. The amounts of any such charges will be identified by Bell and must be accepted by the Customer in advance, v. UC Service Bundle O donThe UC Service includes the following 3 bundle options: (1) UC -Office Buindle: The UC Office bundle includes the following� (a) UC Access Line with a telephone number, Unified Communications & Centrex Multi -'Provincial Blended Rates Services Schedule Version 2,1-1606-55132b Page 7 of 11 November 22, 2016 DocuSign Envelope ID4DDCA893-12F9-4AF9-B593-937F389AB841 Master Agreement Number: CN -0807-8441 &AIAIIant Services Schedule Number: CN -1606-.55132 (b) Access to basic features; (c) Voicemail and voicemail to email which is the ability to receive voicemail messages as an attached file to the Customer's email-, (d) Personal Agent which is a Bell web portal for user adm,lnistrafion and management of the Customer's individual telephone LIC features such as call director (e) Dial Plan: The IUC Service is provisioned with: (i) Permissive Calling, which means users dial 10 digit telephone numbers without the requirement for dialing 9 or 9 +1 for any local, domestic gong distance or toll-free call, 1. The Customer acknowledges any long distance charges dialed from the UC Service shall be the sole responsibility of the Customer. (ii) Long distance charges are billable between Customer sites, (ii!) Changes to Dial Plan: Any customizing to the dial plan customization will be subject to additional service charges. (2) UIC-Mobi:lle Office Bundle: Mobile Office bundle includes the following! (a) All functionality available in the UC Office bundle; plus (b) Single number reach which is the ability to have multiple devices simultaneously ring when receiving inbound calls to your LIC telephone number-, (c) Personal COMPLIter ("PC") phone with ability to make and receive calls from PC, presence, and instant messaging and other features. UC Service allows the Customer the option to use its own Microsoft Lync PC client. Upon request from Customer, Bell shall provide details of this option including specifications and design standards, (i) Microsoft Lync integration not supported over FibreOP. (d) LIC Mobile Access which is an application where the Customer has ability to make and receive calls on or from the Customers UC telephone number on the Customer's mobile device including presence, and instant messaging and other features Supported devices include Apple i,Phone and Apple iPad, Android Smartphones, and Blackberry 10 (Blackberry 10 does not support presence or instant messaging). Upon request from the Customer. Bell will provide a list of supported Android operating system's and Smartphones. By using the LIC Mobile client the Customer agrees to the End User License Agreement ("EULA") as included in the Android device, or for iOS devices found in the iTunes/BellAllant download page, or upon request, the EULA to be provided to the Customer. (a) Call Grabber is the ability to seamlessly transfer a live call between the Customers IP UC telephone, UC PC telephone or LIC Mobile applications, (f) 6 port conferencing which is the ability to create a conference call by manually linking up to five additional users in a random I adhoc manner', (g) 10 port personal conference bridge which, is an always on 7x24 conference bridge assigned to the Customer's LIC telephone number. Additional ports are available upon request, and are in addition, to the monthly Fees. (3) LIC -Executive Office Bundle: Executive Office bundle includes the following: (a) All functionality available in the LIC Mobile Office bundle; plus (b) 15 port personal conference bridge which is an additional capacity beyond what is provisioned in the LIC Mobile Office bundle-, (c) The ability for assistant to monitor, transfer, or route incoming and outgoing cails. The assistant performs this functionality from a PC phone or lP phone. vi, Additional Oetional FeatUres'. (1) Standardized Features: Upon request from the Customer, Bell shall provide a list of standardized features and approved IP telephone :sets to use with the UC Service (2) Integration with Microsoft Lync: The Customer has the option to use its Microsoft Lync client as the SiP soft client to substitute for the Bell PC Client Microsoft Lync integration is available on a professionap services basis. (a) Microsoft Lync integration is not available over FibreOP. Unified Communications & Centrex Multi -Provincial Blended Rates Services Schedule VersiDn 2,1-1606-55132b Page 8 of 11 November 22, 2016 156 DocuSign Envelope ID: 4DDCA893-12F9-4AF9-B593-937F389AB841 BellAliant Master Agreement Number: CN -0807-8441 Services Schedule Number CN -1605-55132 (3) Integration with Microsoft Active Directory: The Customer has the option to use its Microsoft Active Directory as a substitute for the Beil provided Global Address Book. This integration is provided on, a professional services basis and at a monthly subscription fee, (a) (Microsoft Active Directory in not available over Fii (4) Customer is responsii for all maintenance and incidents associated with Microsoft Lync, Microsoft Active Directory, as applicable, if an incident is reported to Bell and is related to Customer's equipment/programming, the Customer shall be charged at BeH's then current standard rates, viii. Design Standards: if required, and upon request from Custorner, Bell shafl provide LIC Service design standards 2'. SERVICE LEVELS a, LIC Service Hours: The LIC Service will be available 24 hours per day, 365 days per year minus defined Maintenance Windows as set out in Section 2(d) of this Appendix E b, Service Availability: 7 - Core LIC Service Voice/Telephone Infrastructure Service Availability, target is 99,99% (excluding maintenance windows). Service availability reporting is not available with the Service. ii, End -to -End i Service Availability, Cons ideratiions, and Responsibilities: various network components are required to deliver the UC Service. The table below identifies the network components, the considerations as well as responsibility for each component that affect overall performance of the UG Service: Network Component Design Standard and Considerations Service Level Responsibility Wide Area The transport facilities can be either, or a combination of, Bell Yes Bell Network (WAN) Ethernet, IP Vi and Dedicated Business Internet, each will service, which typically affects multiple unacceptable or severe degradation of have their own Service availability depending on the specific configuration installed at the Customer's site. Higher availability may be achieved with redundant WAN links and/or diverse physical accesses. FibreOP The FibreOP access has been designed to carry i Service No Bell traffic to the Customer's location on a VPN connection, Customers seeking higher availability are advised to consider a dedicated WAN access, Locai .Area Standard design inClUdes non- redundant LAN switches, POE Not Customer Network (LAN') switches, or local power supplies and available Internet Api Including: connection. The Customer's LAN is the Demarcation Point for the Service , Support/Management Customer is responsible to configure its LAN to meet Bell s Backup design standards and manage its LAN components to design * Configuration standards including configuration, changes, backups, updates, etc. Bell, if requested by the Customer, can be engaged & Maintenance through a professional services agreement, any charges a COS associated with professional services shall be charged at Belli's then prevailing rates. Design, considerations to increase availability include redundant LAN design where applicable (i.e multi -switch scenario's), Universal Power Supply (UPS), clustered firewall, diverse Internet and/or private data connection. c. MTTR —Core UC Service Voice: Priority MTTR Descripti6n E�xample 4 Service A mission critical component is out of Customer or site is experiencing service, which typically affects multiple unacceptable or severe degradation of Unified Communications & Centrex Multi -Provincial Blended Rates Services SChed[14-, Version 2,1-1606-55132b Page 9 of 11 November 22, 2016 DocuSign Envelope ID: 4DDCA893-12F9-4AF9-B593-937F389AB841 Master Agreement Number: CN -0807-8441 Services Schedule Number: CN -1606-55132 Priority MTTR Description Example Critical Hours users. An entire location (store) is UC Service or is completely down. dawn. An Incident or event that affects Customer or site is being impacted but High 24 Service multiple users, but is not mission- LIC Service is still working - e.g. Hours critical in nature Firmware isn't running/ one person is out of service, An Incident that typically affects a Medium 3 Service single user. A temporary work -around One person's phone is down but they Days may be required to restore operations have a work around - e.g. cell while the Incident is being resolved. 5 Service The user has an alternative while the Non-critical phone feature isn't working Low Days UC Service is being resolved - e g. call display/ Questions about features, configuration etc. d. Maintenance Windows: 1. Bell's Maintenance Ondows for Customer impacting UC Service change activities will be Monday midnight-4am (00-4AM), Wednesday midnight -ham (00-6AM) and Thursday midnight -ham (00-6AM) Atlantic Standard Time/ Atlantic Daylight Time. ij. The duration of the actual UC Service interruption will vary depending on the maintenance activity and will be noted an the Change Request. e. Incident Management: i The Customer is responsible to provide an internal incident management group that will act as first point of contact for the Customer's end-user reported Incidents (the "Customer Incident Management Croup"). The Customer Incident Management Group will triage Incident reports and provide basic first call resolution troubleshooting. ii, The Bell Tier 1 Help Desk ("Tier I Help Desk") is responsible for being the prime point of contact within Bell for notification of any incidents from the Customer's Incident Management Group only. All non- critical calls received from the Customer other than from the Customer Incident Management Group will be directed to call the Customer Incident Management Group. The Tier 1 Help Desk will create and track an Incident Ticket until the Incident has been resolved. The Tier 1 Help Desk will create and assign Incident Tickets to the appropriate Bell Tier 2 support team based on symptoms reported from the Customers Incident. Management Group. iii. The Tier 1 Help Desk contact number is 1-888-790-3111 and will be available to receive calls 7X24, iv. The Tier 1 Help Desk willl remain the prime Customer contact for Incident updates or notification of Incident resolution, Interaction with the Customer may be initiated by Bell Tier 2 support resources to affect further Incident troubleshooting or testing on an as needed basis v. In the event that a new critical Incident has just been reported, Bell may redirect its efforts to address the new critica Incident. Bell shall notify the Customer that there will be a delay In correcting the lower severity Incident due to this new critical Incident. vi. The Customer's escalation requests in reference to Incidents or UC Service based queries should be directed to the Tler 1 Help Desk who willl engage the appropriate Bell resource to respond, Unified CommunPcaflons & Centrex Multi -Provincial Blended Rates Services Schedule Version 2.1-1606-55132b Page 10 of 11 November 22, 2016 DocuSign Envelope ID: 4DDCA893-12F9-4AF9-B503-937F389AI3841 Master Agreement Number CN -0807-8441 EWIAII'ant Services Schedule Number: CN -1606-55132 APPENDIX C TO UNIFIED COMMUNICATIONS & CENT EX MULTI -PROVINCIAL BLENDED RATES SERVICES SCHEDULE 1, CENTREX SERVICE a, Description of C (1) The Centrex Service provides a combination of exchange service and intercommunicating service. Connections between Access Lines of the system and trunk lines are made by switching equipment located on Bell premises. (a) The Centrex Service provides a multi -system, multi -location service which provides for a common set of basic features on a provincial basis where appropriate equipment and facilities are available, (b) The Centrex Service is available to customers within Nova Scotia and Prince Edward Island, subject to the availability of suitable facilities, (2) The, monthly rate for Access Lines of the Centrex Servic2_pLqvides for the following: access to basic features: common equipment and switching equipment as required; circuitry to connect the Customer location to the wire centre serving the area in which the terminal equ"pment is located; Customers may provide and install the inside wire and jacks for the Centrex Service at their expense, however, no adjustment will be made to the monthly rate per voice access where the Customer has provided and installed the Centrex Service inside wire and jacks; trunk lines, as required, for incoming and outgoing calls to and from Access Lines in the Customer's system; detailed service billing by individual telephone number, intercept which provides for calls to a vacant terminal to be routed to a recorded announcement, ii, Provincial Centrex (NL): (1) The Centrex Service provides a combination of exchange service and intercommunicating service Connections between Access Lines of the system and trunk lines are made by switching equipment located on Bell premises. (a) The Centrex Service provides is a multi -system, multi -location service which provides for a common set of basic features on a provincial basis where appropriate equipment and facilities are available. The Centrex Service is available to customers within Newfoundland, and Labrador, subject to the availability of suitable facilities. (2) The monthly rate for Access Lines of the Centrex Service provides for the followina: access to basic features; common equipment and switching equipment as required: circuitry to connect the Customer locafion to the wire centre serving the area in which the terminal equipment is locatedl Customers may provide and install the inside wire and jacks for the Centrex Service at their expense, however, no adjustment will be imade to the monthiy rate per voice access where the Customer has provided and installed the Centrex Service inside wire and jacks; one group of trunk lines for incoming service to the attendant's position Bell, determines the number of such lines in the group based on the Customer's requirement iii Business Communications (NB):� (1) The Centrex Service provides a multi -system, multi -location exchange -based service which provides for a common set of basic features on an exchange basis where appropriate equipment and facilities are available. Connections between Access Lines of the system and trunk lines are made by switching equipment located on Bell premises. The Centrex Service is available to customers wiftri New Brunswick, Subject to the ava0aUhty of suitable facilities, (2) The mi )nithly rate for Access Lines of the Centrex Service provides for,thie fol!lowing: access to basic features; common equipment and switching equipment as required", circuitry to connect the Customer location to the wire centre serving the area in which the terminal equipment is located'. Customers may provide and install the inside wire and jacks for the Centrex Service at their expense, however, no adjustment will be made to the monthly rate per voice access where the Customer has provided and installed the Centrex Service inside wire and jacks, trunk lines, as required, for incoming and outgoing calls to and from Access Lines in the Customer's system-, detailed service billing by individual telephone number. Unified Communications & Centrex Multi -Provincial Blended Rates Services Schedule Version 2.1-1606-55132b Page 11 of 11 November 22, 2016 1 41 COUNCIL REPORT M&C No. 2019-280 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Website Reserve for 2020 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Sarah Ranson Stephanie Rackley -Roach Neil Jacobsen John Collin RECOMMENDATION The City Manager recommends that the Mayor and Common Clerk place up to $120,000, currently in the 2019 information technology operational budget, into a reserve to be expended in 2020 to finish the website project. EXECUTIVE SUMMARY The website redesign project team will finish the design of the new website in 2019. The website launch will take place in Quarter 2 2020. The funds for the project are currently in the information technology operational budget. The project team is requesting that the funds remaining after the design has been finished and paid for, anticipated to take place in 2019, is placed in a reserve to be spent in 2020. PREVIOUS RESOLUTION NA REPORT In 2019, the website redesign team determined the creative direction and scope of the new City of Saint John website. The team has most recently been working with a website design company and various stakeholders to finalize the information archetecture for the site. Information architecture refers to the site layout. -2 - Next steps, to be completed by year end, are to complete content development and wireframes. Wireframes show the new website on paper, before it is built. Further stakeholder engagement will take place when the wireframes are ready. Once the wireframes and therefore the design is finalized, the new site will be built. The intended launch date for the new site is in Q2 2020. The project team is looking for Council approval to place the designated funds into a reserve to ensure the project can be completed. STRATEGIC ALIGNMENT As outlined in Council Priorities, the City is commited to providing customer - focused services. The new website is designed around our current and future citizen's needs. SERVICE AND FINANCIAL OUTCOMES The project team completed a request for proposals process to procure website design services and selected the most financially viable option. For the website build, another request for proposals process will be completed. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Finance service area is supportive of creating a reserve for this project. ATTACHMENTS None. 1 41 COUNCIL REPORT M&C No. 2019-278 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Carleton Community Centre HVAC Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Samir Yammine Kevin Fudge, Ian Fagan John Collin RECOMMENDATION It is recommended that the tender submitted by Eclipse Construction Services Ltd., for the HVAC Upgrades, in the amount of $307,343.43 plus HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $15,000 plus HST, for a total project cost of $322,343.43 plus HST. Additionally, it is recommended that 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 HVAC Upgrades in the Carleton Community Center to the lowest compliant bidder. PREVIOUS RESOLUTION REPORT The HVAC system was installed in early 1980. This systems has well past its anticipated service life, does not meet the current building code and currently requires service work to remain operational and the probability of failure is considered high which may have impact on the level of services. The proposed upgrade will provide the following benefits: fi"M -2- • Reduce GHG emissions by 15 Tonnes of CO2 • Reduce Infrastructure deficit by approximately $250,000 • Reduce Annual Energy Cost by approximately $22,000 • Improve customer service and reliability of asset performance thus minimizing risks associated with assets failure • Defer Approved Capital cost to other capital projects. The SCF funding has provided opportunity to reduce or defer over $190,000 in approved capital fund • Showcase the Carleton Community Centre as an example of environmental and economic sustainability The proposed work consists of the following: • Install High Energy Efficiency Heating and Ventilation system including smart control system STRATEGIC ALIGNMENT The proposed Project is aligned with the following City plans, policies, Council Priorities, programs and practices: 1- Municipal Energy Efficiency Program (MEEP) and the Climate Change and Community Energy Plan objective to reduce GHG emissions. 2- City of Saint John Asset Management Policy objectives to apply risk-based decision and life -cycle costing principles to prioritize capital investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources, take into consideration climate change impact, and improve the reliability of customer service. 3 -Plan SJ to reduce the City's ecological footprint and strives toward greater long term environmental sustainability for future generations and conserve energy and reduces energy use through sustainable Building design, alternative energy systems and reduced auto dependence 4- Council Priorities to be financially responsible by leveraging opportunities to generate alternative funding sources as well as Invest in, arts, culture and recreation experience s that create a sense a community pride SERVICE AND FINANCIAL OUTCOMES The total cost to perform the HVAC Upgrades at the Carleton Community Centre, if awarded, to the lowest bidder as recommended, will be $322,343.43 plus HST. This includes the $15,000 contingency allowance The cost of the project with the HST rebate applied will be $336,159.05. flW -3 - Council has approved under the Capital budget 2017 $300,000 toward the proposed capital upgrade. In addition, the City of Saint John will receive from Energy New Brunswick Power incentive in the amount of $18,119 toward proposed energy efficiency measures. Also, The City of Saint John will receive a total grant in the amount of $168,000 toward the proposed initiative under the Small Community Fund (SCF) Contribution Agreement INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — MATERIALS MANAGEMENT A public tender call was issued on September 30, 2019 and closed on October 29, 2019. Four (4) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDER PRICE Black & McDonald Limited $444,415.00 Select Mechanical Inc. $366,525.00 Eclipse Construction Services Ltd. $307,343.43 Controls and Equipment Ltd. $316,719.00 Staff of Materials Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS `[:�I M&C No. M&C 2019-277 Report Date October 29, 2019 Meeting Date November 04, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council: SUBJECT: New Solid Waste Model Business Case OPEN OR CLOSED SESSION This matter is to be discussed in open session of the Finance Committee. AUTHORIZATION Primary Commissioner/Dept. City Manager Recommended By Author Head Michael Hugenholtz John Collin Finance Committee Councillor Merrithew Finance Chair RECOMMENDATION Your City Manager recommends Common Council: 1. Approve setting aside $80,000 into a Capital Reserve in 2019 for the future investment in the Solid Waste Collection Pilot Program, and 2. Adjust the 2020 Capital Budget to include the funding to support this project. EXECUTIVE SUMMARY Staff presented to Finance Committee a more detailed business case for the new Solid Waste Collection Model at their meeting on October 23, 2019. Finance Committee recommended sending the this item to Common Council for approval. PREVIOUS RESOLUTION October 7, 2019 — Common Council - It is recommended that Common Council receive and file M&C 2019-206 Modernization of Solid Waste Collection Service. STRATEGIC ALIGNMENT The recommendations in this report 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. REPORT Current Cost for Solid Waste Collection Our existing model for service delivery includes curbside pickup of both garbage and compost for the City's eligible households. This totals $3,779,398 proposed for 2020, of which $1,280,000 is budgeted for tipping fees at the Fundy Region Solid Waste facility. Approximately 85% of our household customers receive bi-weekly pickup, with the remaining 15% receiving weekly pickup. Weekly pickup was put in place a number of years ago for our more dense areas to reflect the challenges of storing waste and compost for a longer period of time. Material Handling Challenge Based on current collection practices City of Saint John solid waste employees typically lift approximately 5 tonnes of refuse on a daily basis. This is well in excess of the 3.6 tonnes/day that industry experts feel is safe without causing undue risk to the health and well-being of employees. This limitation of safe lifting not only puts our employees in jeopardy based on current amounts handled, but it leads to inefficiencies in scheduling and maximize the use of resources. Over the last five years employees in the Solid Waste service have lost 276 working days due to injury on duty. This represents over $70,000 in WorkSafe NB claim costs. The five year severity average for Transportation & Environment Services employees as a whole is 272. By comparison Solid Waste employees have experienced a severity of 1005, which is significantly higher. Our Safety Officer estimates a potential savings of over $10,000 on an annual basis if the claims for this work unit were to decrease down to the average for the rest of the department. There are multiple factors that influence our Workers Compensation rates however, so it is hard to predict this impact with any amount of certainty. This material handling challenge was the driving force behind recent efforts to implement a more automated system of waste collection. For the sake of comparison, staff undertook an analysis to look at the costs of alternate means of addressing this challenge. The most feasible of these options is to hire additional staff to collect waste overnight, thereby utilizing our existing equipment. The additional cost of this approach would be just under $400,000/yr. The Opportunity Immediately as staff began to explore the option of cart collection, it was recognized that there was an opportunity to achieve additional savings. By imposing a 'cap' on solid waste pickup to what can fit in the cart, and by adding in charges for additional bags the City can strongly incentivize recycling and other waste diversion. The resulting savings and additional revenue can allow the City to start to offer curbside recycling pickup. Our financial analysis on the program has been updated based on discussions with the Finance team which can be viewed in Appendix A (attached). At worst, it estimates that the change to a cart system of collection with curbside collection could be done at no extra cost to citizens. Staff suggest that the bag tag revenue be discounted as it is expected to decrease as more citizens divert more of their waste. Additional analysis are provided in Appendix B to demonstrate the implications of various assumptions on savings & revenue, including a bigger or smaller cart size, and more or less waste diversion. These amounts represent the annual net cost (i.e. tipping fee savings + bag tag revenue — amortized cost of carts & equip.). Note that there has not been any discounting of the revenue or tipping fee savings. Note that the entire business case could vanish if there were no charge for bag tags. The extra charge is the incentive to drive further waste diversion. Without that there is no revenue, less savings from reduced tipping fees, and inefficiencies in our collection service as operators will have to dump carts and throw bags for many stops. Pilot Program At this stage there remain too many assumptions with the proposed model. As such we are seeking approval to fund the pilot program only. Staff will gather data on such factors as cost, productivity, bag tag useage, changes to waste diversion etc... Upon the completion of the pilot program staff will present the data to Council and Committee for a decision on the larger roll- out of this program. Two replacement solid waste packers are expected to be delivered before the end of 2019. These trucks have been ordered with the helping hand technology to enable cart collection. The replacement of this equipment was funded by the Fleet Reserve. To facilitate the rest of the pilot program an investment in carts will be required. The estimated cost of the 1,000 carts and recycling totes is approximately $80,000 which is proposed to be funded out of the current Operating Budget surplus for Transportation & Environment Services. At the end of August, staff were projecting a net surplus of $105,000. `MA SERVICE AND FINANCIAL OUTCOMES The City of Saint John is an outlier amongst municipalities our size by not having curbside recycling collection. Despite the City's current financial challenges, we have an opportunity to add curbside recycling pickup as part of the re -vamped solid waste collection model. The cost to citizens is manageable only if there are strong incentives for increased waste diversion. It is recommended that Council endorse the proposed changes to the 2020 General Fund Capital Budget to support the investment required to proceed with the pilot program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from the Finance Department and the Human Resources Department . ATTACHMENTS Appendix 1— Summary of Annual Costs, Savings and Revenues Appendix B — View of Cumulative Savings/Revenue for Various Diversion Rates and Cart Sizes Appendix A — Summary of Annual Cost, Savings & Revenues Annual Cost Initial Investment in Carts, Totes and Vehicle Attachments * $ 265,000.00 Replacement of Missing/Damaged Carts (2% per year) $ 22,000.00 Tipping Fee Savings from Increased Diversion $ 355,000.00 (30% contingency) $ (106,500.00) IRevenue from Bag Tag Sales ** $ 445,000.001 (30% contingencv) $ (133,500.00) (Total: $ 273,000.00 * Assumes financing full investment cost through borrowing (worst case) ** Anticipate that bag tag revenue will decrease rapidly as citizens divert more waste Appendix B — View of Annual Net Cost for Various Diversion Rates and Cart Sizes `Me] 1 41 COUNCIL REPORT M&C No. 2019-282 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Industrial Hygiene - Firefighter Training Centre Initiative OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Division Chief Dan LeBlanc Fire Manage Josh Hennessy Fire Chief Kevin Clifford John Collin RECOMMENDATION On October 23, 2019, the Finance Committee reviewed the attached submission from the Saint John Fire Department and adopted the following resolution for Common Council Consideration That Common Council: • Approve the transfer of $95,500 from the Fire Department's 2019 Operating Budget surplus to a Capital Budget reserve account for the purpose of supporting the Industrial Hygiene Firefighter Training Centre Initiative; and • That City of Saint John enter into a Lease Contract with Canlease Inc. for a 40x24 Custom Complex designed and manufactured by Alantra Leasing Inc. at a monthly cost of $2,375 plus HST over a 66 month period in the form attached to M&C No. 2019-282; and That the Mayor and Common Clerk be authorized to execute the contract documents. EXECUTIVE SUMMARY The September 30th 2019 operating budget analysis projects that the Saint John John Fire Department will be in a surplus position of at least $326,000. The majority of the surplus is attributed to salaries being covered through LTD, Maternity, and Workers Compensation provisions. The projection has been validated by the finance department for the City of Saint John. MAN -2 - To this end and in the light of the ongoing sustainability challenges the fire service is looking for the Finance Committee's endorsement on the following intiative related to safety of the employees who serve its citizens. Industrial Hygiene: Firefighter Training Centre Project — $95,500 Industrial Hygiene — Firefighter Training Centre Proiect With cancer being the number one killer of firefighters, The City of Saint John Fire Department implemented an industrial hygiene initiative to reduce the risk of exposures to its employees. Several of the projects were low cost and easily implemented (i.e. proper medical waste disposal); however some of the key projects are not easy or inexpensive. One of the outstanding hygiene initiatives is the implementation of a hygiene set-up at the fire department's training centre on Grandview Avenue. To accomplish this, an addition to the current Alantra trailer setup at the new training academy is required. More specifically, a custom built unit to accommodate a dirty room, showers, a clean briefing room and access to the existing Training Centre. Common Council is respectfully asked to support two components to the Industrial Hygiene — Firefighter Training Centre Initiative: ✓ That a portion($95,500) of the projected fire department operating budget surplus ($326,000) be directed to a capital reserve account to support: The design, site preparation, site servicing and consulting fees to accommodate the Alantra trailer units. ✓ That the City enter into an agreement with Can Lease for the lease -to - own of a custom built Alantra Unit, on terms and conditions acceptable to the City Solicitor or his designate. Saint John Fire can secure a lease to own agreement that is more competive than borrowing along its own capital purchase policy. The monthly lease payments would be supported by those funds that currently exist within the fire departments training budget. Once in place, the additional trailer (see attached schmatics) will facilitate the proper work flow (from dirty to clean) to minimize employee exposure to potential carcinogens; similar to processes previously in place when the Training Centre was in Millidgeville next to No 8 Fire Station. PREVIOUS RESOLUTION On August 4th, 2015 Common Council authorized the sale of the City's Firefighter Training Centre and Grounds (corner of University and Millidge Avenue) to 171 -3- Plazacorp for $750,000. (The business placed on the former fire training site now generates in excess of $100,000 in property tax annually) As a related resolution, on May 29th, 2014 Common Council authorized an agreement with Irving Oil Refining G.P. and Irving Oil Operations GP to accommodate the City's new Firefighter Training Centre at 690 Grandview Avenue. REPORT In 2016 the US Centers for Disease Control and Prevention, and National Institute for Occupational Safety and Health undertook a study on what kills firefighters. Surprisingly, the number one killer of firefighters is not "on scene accidents", or heart attack, or suicide, but job related cancers. Over 73% of firefighter deaths are cancer related from exposures that cannot be eliminated but can be reduced through proper post -fire scene hygiene practices. In 2018, the City of Saint John Fire Department established an industrial hygiene committee. The primary goal of the Industrial Hygiene committee was to recommend ways to minimize the harm the workplace does to the employee. After an environmental scan of work place (hygiene) risks, the committee identified approximately 20 projects, ranging from easy to implement with high impacts, to hard to implement with low impacts. A few of the hygiene projects implemented to date are: • medical glove disposal (just cannot leave used gloves on the floor of the truck); • restricting bunker gear in facilities (no bunker gear allowed in office area / living quarters); • post emergency decontamination of all personal protective equipment (PPE); and • enhanced bunker gear cleaning. One of the major outstanding initiatives is the implementation of an industrial hygiene set-up at the City's Firefighter Training Centre on Grandview Avenue. The Grandview Avenue Training Centre is not set up to facilitate the separation of potentially contaminated PPE from the classroom or office areas. The Training staff and firefighters who participate in live burn training, followed by class instruction, or debriefings are potentially being exposed to carcinogens. This feature was lost when the Fire Training Centre moved from Millidgeville to Grandview Avenue (i.e. firefighter decontamination and gear storage was facilitated through infrastructure at Fire Station 8). The Hygiene Committee, along with the Training Centre staff examined work flows and hygiene processes at the Grandview Avenue Training Centre with the -4 - objective of creating a facility design which provides better hygiene practices for the available space. To accomplish better hygiene practices, the committee sought a proposal from the provider of the original Training Centre classroom amd administration building. More specifically, a custom built Alantra (trailer) unit is recommended to accommodate a dirty PPE room, showers, a clean briefing room and access to the existing Training Centre. (See attachment 1) The acquisition of this trailor is proposed through a lease to own agreement with Alantra presented below while the design, site preparation and site servicing cost to accommodate the Alantra unit (trailers) is estimated at $95,500 (including HST, net of rebate) and is the focus of the operating surplus being transfer to a capital reserve account. With respect to the purchase of the Alantra trailer, the preferred option is to lease the unit on a 60/66 month term with full ownership at the end of the term. The lease to own arrangement can be provided by CanLease at 4.5% interest rate. The monthly payments will be $2,375 per month plus HST, which is reasonable to what the City would pay if borrowing the funds. In addition, these lease payments will be made through the existing operating budget. As a result of the projected operating budget surplus staff respectfully request that the Finance Committee approve the transfer of the site preparation funds ($95,500) from 2019 Operating to a 2020 Capital reserve account in order to support the completion of the project and to accommodate a completion date in 2020. STRATEGIC ALIGNMENT This project is in line with corporate Health and Safety initiatives aimed at supporting safe work places as well as fiscal due diligence by fitting this opportunity into operating expenses. SERVICE AND FINANCIAL OUTCOMES The Fire Department is projecting an operating budget surplus due to a number of factors. The projected surplus of $326,000 was validated as real by Finance. The proposed Industrial Hygiene initiative arose after the 2019 budget was submitted. Permission to proceed with the project is required as per paragraph 4.2 of the Operating Budget Policy which states that "Operating Budgets, at the Service Area level, cannot by reallocate without Council approval." Where the project will carry over to 2020 and operating budgets do not, permission to convert the operating fund to capital is required. Paragraph 2(b) Capital Budget Policy dated July 9, 2018 gives a level of priority to projects that are "required to mitigate liability associated with health and safety, mitigate -5 - liability or to mitigate sudden asset failure" and paragraph 2(d) of that same section, provides discretionary transfer of operating funds to capital for new assets aimed to increase or enhance service levels. Where the saving generated by the Industrial Hygiene Initiative lies well into the future in the form of less lost time, less disability and death benefit payouts; the business case supporting the initiative is difficult to translate into current dollars, however todays fire services do pay for presumptive cancer and LTD premiums based on actual experience. This project helps reinstate the hygiene processes lost when the Training Centre relocated from University Avenue to Grandview Avenue (i.e. to facilitate the Jean Coutu Pharmacy development), and will compliment Saint John Fire Department objective to increase fire training income levels for 2021. Other than lease payments, the Fire Department will incur minimal additional costs assoiated with general maintenance and cleaning of the new units. The landowner will pay the re -occurring utility costs (power, water, and sewer) as well as property taxes, in line with what the landowner is already doing for the City at the Firefighter Training Centre. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS • Finance has reviewed the 2019 YTD Fire Department Operating Budget surplus and support the 95,500 request with respect to budget surplus; and that a Finance Committee endorsement is required to transfer the funds from 2019 Operating to Capital reserve in order to proceed. • Permission to proceed with the project is required as per paragraph 4.2 of the Operating Budget Policy which states that "Operating Budgets, at the Service Area level, cannot by reallocate without Council approval." • Where the project will carry over to 2020, permission to convert the surplus operating fund to capital reserver is required. Paragraph 2(b) Capital Budget Policy dated July 9, 2018 gives a level of priority to projects that are "required to mitigate liability associated with health and safety, mitigate liability or to mitigate sudden asset failure" and paragraph 2(d) of that same section, provides discretionary transfer of operating funds to capital reserve for new assets aimed to increase or enhance service levels. • The City's Legal Department has reviewed the CanLease contract and noted that the contract is of standard form ` FM -6 - The owner of the land on which the Training Centre is situated is supportive of the project. ATTACHMENTS Attachment A- Floor Plan Attachment B- Alantra Quote Attachment C- Engineers Estimate Attachment D — CanLease — Lease Contract HSI C CD �o 0 O 2 O W O o F -- Fl -1 D m� " VANITY Z V1 Fl -1 o z 3 C0 o T (D C � X o _ ---T 42. CJI _ cn Fl -1 D 30" VANITY o o� cn O = O O CD N a ^, ia+ z m CD �' O O CD C" I� c/1 F-- o - O �N CD o o Fl-1 N o Q0 z CD — D Cn D G� C_ CD O -1 Fl �F O z ' cn c� D Z7 D 0 z cn D O C7 O C Z7 C CD W �Z7 O m -� 0 z G7 176 _ �a 9il�fel �o O 2 O W o m m m� " VANITY Z 0o O o Q T 3 C-) o T (D C � o n �mCD ---T 42. CJI v o A��9pFQ SpANH 30" VANITY o o� ��UFs r a 00 m O cn o T F, N o Q0 W �Z7 O m -� 0 z G7 176 _ �a 9il�fel �o O o " VANITY Z .Z7 �m42)O - oP r n O 42. O v o A��9pFQ SpANH 30" VANITY o o� ��UFs W �Z7 O m -� 0 z G7 176 _ �a 9il�fel RMIMIMMIS 41x42 112 ITS IM O �o =n vq-F; F_4 �o m o " VANITY Z �m42)O - oP r n 42. Ep (5 v o A��9pFQ SpANH 30" VANITY o ��UFs RMIMIMMIS 41x42 112 ITS IM O �o =n vq-F; F_4 Prepared By Kim Benson Contact Name Anthony Black Phone (506) 433-9343 Email anthony.black@saintjohn.ca Email kim@alantraleasing.com Fax (506) 432-9076 Bill To Name City of Saint ,John Blocking & Labour (Included) Custom Built Unit Delivery Charge (Lump Sum Charge) (Included) Jackstands (Included) Set up & Site Finish for Complex (Included) Skirting ($/If) (Included) Steps Purchase (Included) QUOTE IS VALID FOR 30 DAYS. Site Address Blocking & Labour (Included) Custom Built Unit Fuel Surcharge will apply. Jackstands (Included) Set up & Site Finish for Complex (Included) Skirting (Included) Steps Purchase (Included) 1.00 $0.00 40x24 Custom 1.00 $126,628.00 Complex 1.00 $0.00 1.00 $0.00 1.00 $0.00 1.00 $0.00 1.00 $0.00 IFUEIL SURCHARGE MAY APPLY Pentall payments will riot be applied toward purchases. Deposit is required prior to construction. Payment is required prior or upon delivery. Accepted methods of payment are certified cheque, barik draft or direct deposit. Lease to own option by others, CAC Customer to ensure that site is accessible, Vevey and properly prepared on solid gravel, as per supplied drawing. Delays in excess of 1 hour as a result of addltiionall blocking due to riot level sites or waiting for site access will be charged out at a rate of $130 per hour for truck and driver & $60.00 per hour for escort. Overtime will be charged at 1.5 x rate when applicable. Purchase quotation is subject to the terms & conditions outlined in our Purchase and Sales Agreement. IMot Included (unless otherwise noted). * Site access and site preparation • On-site electrical & plumbing connections between modules and to services * Connection to site services (power, internet, phone, water & sewer) • Electrical transformer • IMain data rack & Data cable connections between modules • Sprinkler system/fire extinguishers, 'Fre alarm system • Crane, man lift, scaffolding or fork lift • Dumpster • Building, electrical and/or plumbing permit or application fee • Archiitecturall, electrical or mechaniicall engineer stamped drawings Security System Skirting, blocking, ,jackstands, steps, decks, or wheel chair ramp Furniture and appliances * IMechaniicall, electrical, structural and archiitecturall site inspection if required. Eavestrough 177 Built to Allantra Leasing specifications (attached). CSA Certification, Structural Engineer Stamp (Excluding Quebec) AANT�RA PURCHASE QUOTE QUOTE IS VAILVD FOR 30 DAYS. Subtotal $126,628.00 IFUEwIL SURCHARGE MAY APPLY Rentall payments wVVV riot be applied toward purchases. Deposit is required prior to construcfiion. Payment is required prior or upon delivery. Accepted methods of payment are cerfified cheque, barilk draft or direct deposit. Lease to own optVon by others, CMAC Customer to ensure that site is accessuWe, Vevey and properly prepared on solid graveV, as per supplied drawurig. DeVays Vn excess of 1 hour as a result of addufiioriall Woc0ig due to riot Vevey sites or waVfirig for site access wVVV be charged out at a rate of `.6130 per hour for truck and driver & $60.00 per hour for escort. Overtime wVVV be charged at 1.5 x rate when appficaWe. Purchase quotafion is subject to the terms &" coridOfioris outIfined On our purchase and Sales Agreement. IMot Included (unless otherwise note# * Site access and site preparatVon • Ori -sate eVectrucall & pWmNrig connecfiions between modules and to services * Connecfiion to site services (power, 4iterriet, phone, water & sewer) • F_Ilectrucall transformer • IMaVn data rack & Data cable connecfiions between modules • Sprinkler system/Fre exfiiriguCishers, 'Fre alarm system • Crane, marl Vuft, scaffoVdurig or fork fift • Dumpster • I3uVVd4ig, eVectrucall and/or pWmNrig permit or appficafiion fee • ArcNtecturall, eVectrucall or mechar7Vcall erig4ieer stamped drawurigs Security System SlkCirtVrig, Woc0ig, ,jackstands, steps, decks, or wheeV 04r ramp Furr7Vture and appliances * IMechar7Vcall, eVectrucall, structurall and arcNtecturall site urispecfiior7 of required. F_avestrough 178 I3uR to Allantra I_easurig specuFcafiions (attached). CSA CertCrfucafiion, Structurall F_rigurieer Stamp (F_xcVudurig Quebec) ^vr�fMY6�� City of Saint John Fire Department 688 Grandview Avenue Saint John, NB ATTENTION: Mr. Anthony Black - Captain of Training Anthony, City of Saint John Fire Department Crandall File: 1900310-00-C March 15, 2019 Page 1 of 2 Letter Proposal Site Design Services for New Trailers CITY OF SAINT JOHN FIRE DEPARTMENT In 2013 Crandall Engineering Ltd. was engaged to provide engineering design services to support the construction of the shared Emergency Services Training Centre between Irving Oil and the City of Saint John, located at 668 Grandview Avenue. The Saint John Fire Department now wishes to add two (2) new trailers to this site and have them connected to the existing municipal services and power. This will require engineered drawings and a design brief to be submitted to the City of Saint John Engineering Department and Irving Oil for approval in order to proceed with this work. Crandall generally expects the scope of work to be as follows for this design: Site Investigation, Surveys, and Data Collection $2,710.00+HST • Kick off Meeting with the Fire Department to review scope of work and key concerns, • Review of Existing Data and Drawings • Site Visit - Electrical • Topographic Survey and Intrusive Investigation • Preparation base plan drawings (preliminary site plan showing connection to services) Design Services $7,005.00+HST • Municipal Service Connections, Piping Design, and Drawings • Stormwater Management Design • Electrical Design and Drawings • Cost Estimates • Design brief for municipal services and storm water management to accompany design drawings for approval. fm mmdall Ismm immmfii g Ltd., a divi im d l:uplmm l'"wp. �e 600 1077 St, Cart^,aa:@+6eBlvd, 703-1:33 Phrice 7T6lEiam St. 101-564 Pospe ct t. 97 Troop awe, 39 Sas ona Avcr hEaaasacton, NA,, E IE 4('19 Saint Jahn, N,B, EA. 6'reole=riaton, IaaeE!T,. !'N 9M3 Dartmouth, RS, Ek, 2A7 Mount E"erwt, N.k., AIN 09 9e&: (506) 657.27'77 Tel: (506) 693-5893 T"eL (°I06) 471-400 1'elr (" 02) 468-648(, iel: (709) 576e-72148 Fax: ~(grassy 857-2753 N aax, (506) 693.3250 Fax: 6506) 857-7753 Fax: 6;W7.m 468 490 Fax: (709) 576-:3713 Issue drawings for tender / construction. Construction Services • On site inspection for pipe work • Coordination with SJ Energy City of Saint John Fire Department Crandall File: 1900310-00-C March 15, 2019 Page 2 of 2 $21!75.00+HST The total proposal fees for the scope of work as defined above is $11,890.00+ HST. Exclusions • Legal Survey • Environmental Permitting • Tender period services • Construction management or inspection services • More than one (1) iteration of drawings for approval. We thank you for this opportunity, and should you have any questions, concerns or require any additional information, please do not hesitate to contact us. We would be pleased to set up a meeting to discuss the information stated herein if required. Yours very truly, CRANDALL ENGINEERING LTD. Mike Rogers, P. En . Team Leader &t Project Engineer Cc: Andrew Melanson, P.Eng. - Crandall Engineering Ltd. J:\2019\1900310 -00-C Site Design Trailers\Admin\Proposal\Letter Proposal March 15, 2019 - MJR.docx Crandall lr i(:r: riu Ud,D a Clivi sioi[c i)l l;:u ire Cup, « 4C'b(u-11 71 St. fir."aSge IMvrt. 711;3-133 Pirfirce^ VVRUarm St, 101 564 Prospect St:. 97 troop Ave, 39 S<w€ons Ave. Moncton, N,B Ia1IF 449 Saint John, N,BI G2t, 2.135 I° (chrfck:on, N.B, E3B 19AQr3 [1&rtM�ras4:h, NS. 143V! 227 Mwit Pearl, PLL, AIN 09 I'& (5U) t,57-2777 lei: ("06)693-°1893 le},. (506),lar'&9400 Tcrl: (902)*Pfak3.Fr486et^ (709) 516-8148 Fax: g506) 85"1.x3"153 Fax: &sulfa( 693-321I0 Fax: 1506) 357 275:3 Fax: Qr7ir1.( 468 4919 Fax: (9119( 576 3713 CRANDALLENGINEERING,CA fiF:ii7 na d a I I City of Saint John Fire Department 688 Grandview Avenue Saint John, NB ATTENTION: Mr. Anthony Black — Captain Anthony, City of Saint John Fire Department Crandall File: 1900310-00-C April 11, 2019 Page 1 of 3 Estimated Construction Costs Site Design Services for New Trailers CITY OF SAINT JOHN FIRE DEPARTMENT Crandall Engineering Ltd. submitted a proposal on March 16, 2019 to the City of Saint John Fire Dept to provide engineering design services for the connection of municipal water and sanitary sewer services as well as electrical power to their proposed new site trailers at 688 Grandview Avenue. The City of Saint John Fire Department hosted a project kick off meeting on site on Wednesday April 3, 2019 to discuss the anticipated scope of work, coordination, and potential costs. Crandall was tasked with the further review of the record information available on the as built drawings for the existing electrical and sewage pumping station in order to provide anticipated project construction costs and an updated scope of work based on our discussions that morning. Crandall has completed these tasks and has identified the following for the scope of work for the civil and electrical work as well as anticipated construction costs. The scope of work for connecting electrical power to these new trailers has been identified as follows: There are both existing single phase and three phase pole -top transformers adjacent to the Emergency Response Services Building. A contractor cash allowance has been carried to engage Saint John Energy's (SJE) resources. This allowance is to cover potential changes to the existing transformer necessary to provide power to the new office trailer. (Awaiting confirmation from client RE single/three phase panelboard being provided with the trailer). It will then be the responsibility of the electrical contractor to provide routing of secondary conductors from this transformer to the new mobile office trailer 200 A panelboard. The mobile office trailer comes complete with all convenience receptacles, lighting, air conditioning and heat so the scope is limited to providing the main incoming power feed. Crandall Engineoring Rd., a division of Englobe Corp. 400-1077 St. George B3 vd. 703 -133 Prince W ffli firn St. 101- 564 Prospect St. 97 "V`roopa Ave. 39 Sagona Ave. Moncton, N.L. E` E 4C9 Saaprrt John, R,,B. tr2L 2135 Lredefttoin, N.B. F 3 9W'i3 Dartmouth, N.S. L3L 2A7 Mount Peart, Wt.- AlN 41T9 tet: (506) 857.2'7'7'7 T& (506) 093.5893 Tett (506) 451-4400 T`eU (%2.) 468-6486 IeL (709) 576-814L Fzw (506) 857-2753 Fax: (506) 6'193.3250 Fax: 6506,) 857-275:3 Fax: Q902) 468-4919 Fax: (709) 576-3713 CRANDALLENCaINEENING,CA City of Saint John Fire Department Crandall File: 1900310-00-C April 11, 2019 Page 2 of 3 In speaking with the client, there is no need for telephone/data service to this new trailer so, as such, no incoming telecommunication lines form part of the scope of work. Estimated Construction Costs are approximately $30,000.00 + HST (excluding engineering). The scope of work for the connection of sanitary sewer and municipal water services has been identified as follows: Crandall reviewed the information in the as built package to find that the existing sewage pumping station had been sized to meet the conditions discussed at the kick off meeting. It has capacity to handle the peak flows from the existing regular staff of four (4) plus a training/recruit class of twelve (12). This being the case we would recommend that a new underground sewer service line be run from the location of the centre of the new trailer area to connect into the existing sanitary sewer piping just before the connection to the existing pumping station. We would recommend that this piping be insulated where cover is less than 1.5 m (5 ft). This line can be installed behind the existing building where the existing drainage ditch is located. Our calculations show that the new water service can be connected from the existing 25mm service line, however the water main is only approximately 5 m further and therefore we are recommending a separate connection to the main line to ensure plenty of water volume for the 4 showers, 3 sinks and 3 toilets present in the new trailers. Estimated Construction Costs are approximately $31,000 + HST (excluding engineering). We thank you for this opportunity, and should you have any questions, concerns or require any additional information, please do not hesitate to contact us. We would be pleased to set up a meeting to discuss the information stated herein if required. Crandall ['nginepring 1M., a division al In lnlan Iglu. ;k 400-1077 9k.. George W.W. 703-'133 Prince Wham 51.. 101 564 PucasGw t 51. 97 "I"tGOID Ave, 39 5agc n a Ave. Moncton, N.B, UE 4C'9 Wnt John, N.Eb, E11 285 F rrcaieeructon, H.Pn. E3B 9M3 Dartmouth, N,S. L35 2A7 Mount Pearl, N1, MN 4P9 7¢e1. (506 857-2777 Teel: (506) 693.5893 'Veer. (506) 451 4400 Ee&. (901.( 468-6486 @ eaK (709( 574 8148 Fax: (506) 3557-1753 Fax (" 06) 693 3250 Fax: (506( 857-175:3 Fax: ffl2) 468-4919 Fax: (709( 576-3713 CRANDALLENCINEEVGING.CA WIN Vc%rand a I I Yours very truly, CRANDALL ENGINEERING LTD. Mike Rogers, P. g. Team Leader Et Project Engineer Cc: Eric Nicholson, P.Eng. - Crandall Engineering Ltd. City of Saint John Fire Department Crandall File: 1900310-00-C April 11, 2019 Page 3 of 3 J:\2019\1900310 -00-C Site Design Trailers\Admin\Letters\Cost estimate letter April 10, 2019 - MJR.docx Crandall Eng,Jneedng 11it, a division of lel to Corp -1,% 400-`6077 St., GK,rge Elvd, 70:3-'1 °3;3 Prince WHham SL K�l -'564 Prospect St, 97 Troop Ave, 39 Sagona Ave. Moncton, WIR, EIE 4C9 Saint John, N,B. E21. 2B5 Fuedericton, Wb. E 3B 903 Dartmouth, KS. B3B 2A7 Mount Peari, NA.- AlN 09 1"& (506) 857-2777 FeL (506) 693 503 I et: (506) 45 9 -44UU lel: (902) 468-6486 1& (709) 576-8148 Fax: y506) 857-2753 Fax: 1506) 693-3250 IFtax: 1506) t57-2753 Fax: (902) 468-4919 Fax: (709) 576,3713 CRANDALLENGINEERING.CA E A, S E FINANCE SOLUTIONS MADE EASY LEASE CONTRACT Canlease Inc. 126C Hampton Rd., Suite 310 Rothesay NB E2E 2N6 Tel 506-847-0772 Fax 506-847-1182 Email: info@canlease.net Lessee Name: Accepted By Lessor By: Address: Lease No: 12345 175 Rothesay Avenue City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Contact: Dan LeBlanc Telephone #: 506-647-9398 Equipment Description (Include Quantity, Make, Model, and Serial Number(s). Add a separate equipment schedule if necessary): Fax #: E-mail Address: Testing Machine dan.leblanc@saintjohn.ca 40X20 custom complex Location of Equipment: 688 Grandview Avenue Saint John, NB E2J 4M9 Term (No. of Payment Total No. of Periodic Rent Purchase Option Date Option Price: Months) Frequency Rental Payments Amount (plus $12,662.80 60/66 Monthly 66 applicable taxes) The End of the Term's opt 10% of equipment cost $2,731.25 Calendar Month. 60 months from time of taxes included agreement TERMS AND CONDITIONS Capitalized words not defined in these terms and conditions refer to terms described above. "You" means each of the Lessees if more than one lessee is named in this Lease Contract. "We" and "us" means Canlease Inc., as Lessor. 1. Rent and Term: You agree to lease the Equipment, together with all affixed parts and accessories from us during the Term for the Rent and subject to the terms of this Lease Contract. The Term of this Lease Contract begins on the Lease Contract Commencement Date to be established by us when we accept the Lease Contract, but shall be no earlier than the date the Equipment is delivered to you. You will also pay partial Rent for the period between the release of funds to the supplier or the delivery date of the Equipment and the due date of the first Rent payment. All Rent payments are payable in advance on the first day of each month (or other payment period) during the Term. Your receipt of our invoice is not a condition of your obligation to pay Rent or other charges when due. You will make all payments required to be made under this Lease Contract without deduction or set-off and regardless of any defence or counterclaim that you may have and you hereby waive any and all rights of set-off which may exist now or in the future. 2. Pre -Authorized Payment Plan: You authorize us to periodically draw payments from your bank account (whether it continues to be maintained at the current location or at another branch of the bank) to pay the Rent and other amounts due under this Lease Contract. You will immediately notify us in writing of any change in your bank account. You have attached a sample cheque marked 'void' or provided us with your bank account information. If we waive this requirement, then you agree to pay a service charge for other payment methods. You may change or cancel this authorization at any time on 10 days written notice to us. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this authorization. To obtain more information on your recourse rights, to obtain a sample cancellation form and for information on your right to cancel an authorization contact your financial institution or visit .cdnpay.ca. 3. Sales Tax: You will pay provincial sales tax, goods and service tax and/or harmonized sales tax and all other taxes applicable to the Equipment and this Lease Contract. Sample Signature Name of Signing Officer Title of Signing Officer 4. Non -Cancelable: This Lease Contract cannot be cancelled by you during the Term for any reason, including equipment failure, loss or damage. You may not revoke acceptance of the Equipment. You acknowledge that you selected the Equipment and the Equipment supplier. We purchased the Equipment at your request and on your instructions. We are not responsible for equipment failure or the Equipment supplier's acts. 5. No Warranties: You are leasing the Equipment "as is". We do not make any warranty or representation whatsoever with respect to the Equipment, including, without limitation as to the durability, quality, condition or suitability of the Equipment for your purposes. We shall not be liable to you for any loss, damage or expense of any kind caused directly or indirectly by the Equipment or its use, operation, or possession, or by any interruption of service or loss of use, or for any loss of business or damage whatsoever and however caused. Where permitted, we assign all manufacturer's and supplier's warranties to you during the Term. 6. Use: You certify to us that the Equipment will be used solely for business purposes and not for personal or household purposes. You agree to keep the Equipment, at your cost in good repair and working order and pay all costs relating to the use and operation of the Equipment so that the Rent paid to us is absolutely net. The Equipment shall remain personal property and shall not in any manner be affixed or attached to any lands or buildings without our prior written consent. You may not move the Equipment from the Location stated above or alter the Equipment in any manner without our prior written consent. You will return the Equipment to us, on the termination of this Lease Contract, at your cost and to a location directed by us, in the same condition as it was delivered, ordinary wear and tear expected. If the Equipment is not returned to us at the end of the Term, then, provided that you have complied with all other terms of this Leasing Contract, this Lease Contract shall be automatically renewed on a month to month basis. SEE PAGE 2 FOR ADDITIONAL TERMS AND CONDITIONS For Office Use Only Accepted By Lessor By: Date of Acceptance: Commencement Date: Lease No: 12345 Lease No. 1234 E A, S E FINANCE SOLUTIONS MADE EASY Canlease Inc. 126C Hampton Rd., Suite 310 Rothesay NB E2E 2N6 Tel 506-847-0772 Fax 506-847-1182 Email info@canlease net TERMS AND CONDITIONS CONTINUED FROM PAGE 1 7. Loss, Damage and Insurance: You are responsible for and accept the risk of Our remedies shall be cumulative and not alternative. loss or damage to the Equipment. You agree to keep the Equipment insured 12. Miscellaneous: You consent to the collection, use and disclosure of against all risk of loss in amounts and on terms acceptable to us. You will also personal information disclosed to us for the purposes set out in this Leasing obtain, at our request, comprehensive public utility insurance in amounts and on Contract and to enable us to provide leasing services to you. We will only terms acceptable to us. You will list us as loss payee and additional insured with collect, use or disclose your personal information for the following purposes: (i) respect to the Equipment and give us written proof of this insurance. If you do not to identify and contact you or to perform any other necessary functions relating give us proof of insurance, we may (but are not obligated to) obtain insurance to the administration of this Lease Contract, (ii) to assess your creditworthiness coverage to protect our interest in the Equipment and you will pay us an asset from time to time, which may involve the disclosure of your personal information protection fee for this service. You will also obtain, at our request, comprehensive to third parties such as credit bureaus and the collection of reports about your commercial liability insurance in amounts and terms acceptable to us. financial and credit position from third parties, (iii) in order to investigate or 8. Purchase Option: If you comply with all of the terms of this Lease Contract, you complete the financing or sale of all or part of our business, including factoring will have an option to purchase the Equipment, "as is, where is", on the Purchase or securitization of any portion of our leasing portfolio, we may disclose your Option Date for the Purchase Price. If the Purchase Price is "Fair Market Value", personal information to third parties, including financial institutions such as then the Purchase Price shall be the fair market value of the Equipment, as banks and our other service providers such as accounting or legal advisors, (iv) determined by us, on the Option Date. You must notify us in writing at least 60 to send you information about related products or services that may be offered days before the Option Date, but no earlier than 90 days if you intend to exercise by us or our affiliated companies, or (v) for any purpose for which your consent the Purchase Option and you must pay the Purchase Price, plus applicable taxes, is not required under applicable laws. You may withdraw at any time your at least 30 days before the Option Date. If the required notice and payment are not consent to purpose (iv) above by contacting us at 156 Duncan Mill Road, #16, received by us by the specified dates, the Purchase Option and your right to Toronto ON M3B 3N2. A facsimile or a PDF type format copy of this Lease purchase the Equipment will terminate. Contract will be treated as an original and will be admissible as evidence of this 9. Assignment: You agree not to assign this Lease Contract or transfer, sublease, Lease Contract. Time shall be of the essence of this Lease Contract. Unless encumber or give up possession of the Equipment without our prior written executed in the Province of Quebec, this Lease Contract shall be governed by consent. If we consent, you agree to pay an assignment fee of $150 or our actual the laws of Ontario or, at the option of the Lessor, the province in which the use administrative costs which ever is greater. You consent to the assignment of our of the Equipment was originally intended and Lessee hereby attorns to the interest in this Lease Contract or the Equipment to a third party and the disclosure jurisdiction of such Province as the Lessor selects. In the case that the of personal information provided by you (if any), to the assignee and the assignee's Equipment is located in the Province of Quebec, Lessor will institute collection and use thereof, without us giving you further notice. Any assignee of our proceedings in that Province under the laws of Quebec and it is agreed that any interest will be entitled to enforce all of the Lessor's rights under this Lease dispute that may be brought in the Province of Quebec shall be heard in the Contract, but shall have no liability to perform any obligations under this Lease Court of competent jurisdiction in the Judicial District of Montreal, regardless of Contract. where the Lessee resides. If the Lease Contract is executed in Quebec, it will be 10. Late Charges and Administration Fees: If any payment of Rent or other sum governed by Sections 1842 to 1850 inclusively of the Civil Code of Quebec. You payable under this Lease Contract is late, you will pay a late fee of $10 for each will allow us access to the Equipment for inspection during the Term. To the month or partial month during which the payment is unpaid plus interest at the rate extent permitted by law you waive the provisions of the Limitation of Civil Rights of 24% per annum, calculated monthly. You will also pay a returned cheque charge Act of Saskatchewan, if applicable. The parties have expressly requested that for any dishonoured cheque or pre -authorized payment. You agree to pay all other this Lease Agreement be written in English. Les parties aux presentes ont reasonable administrative fees charged by us to our lessees generally, including a expressement requis que Ie Credit- Bail soit redige en anglais. This Lease contract processing fee of $175 or our actual processing costs, whichever is Contract shall not become binding upon us until accepted by us. This Lease greater. Contract is binding on your heirs, executors, administrators, successors and permitted assigns. If more than one lessee is named in this Leasing Contract, 11. Default: If: (1) you fail to pay any Rent or other sum payable under this Lease the liability of each lessee shall be joint and several (solidarily in Quebec). If the Contract when due; (2) you fail to comply with any other term of this Lease lessee is an individual, you acknowledge that you are not a consumer and that Contract; (3) you default under any other agreement with us; (4) any representation the Equipment is not a "consumer good" within the meaning of any consumer made by you to us in connection with obtaining this Lease Contract is or becomes legislation of the province in which the use of the Equipment was originally untrue; (5) any of the Equipment is lost, stolen, damaged or destroyed and such intended. Lessor is authorized by Lessee to complete or correct this Lease loss is not covered by insurance; (6) you make any assignment for the benefit of Contract, even though previously signed by Lessee, by the insertion or your creditors, you become insolvent, commit any act of bankruptcy, cease or correction of serial numbers, make/model numbers and/or other identifying threaten to cease to do business as a going concern or seek any arrangement or references to the Equipment and by adjustments and/or corrections deemed by compromise with your creditors; (7) any proceeding in bankruptcy, receivership, Lessor to be clerical in nature. Lessee acknowledges and agrees that clerical liquidation, or insolvency is commenced against you or your property; or (8) we errors shall not affect the validity of this Agreement, and that Lessor shall be believe, acting reasonably and in good faith, that the prospect of payment to us entitled to unilaterally correct same. This Lease Contract constitutes the entire under this Lease Contract is impaired; then, all Rent and any other payments to the agreement between you and us as Lessee and Lessor. You acknowledge that end of the Term shall immediately become due and payable on demand together the Equipment supplier or its sales representatives or any Lease Contract with all unpaid and accrued interest on such amount, calculated and compounded broker, are not our agents and are not authorized to waive or change the terms at the rate of 2% per month compounded monthly. You will immediately deliver the of the Lease Contract or act on our behalf. We are the sole owners of the Equipment to us, at your own expense. We may, without notice and without resort Equipment at all times during the Term. You waive the delivery of a copy of any to legal process, take immediate possession of the Equipment. We may enter the financing statement registered in respect of this Lease Contract. Where premises where the Equipment is located without incurring any liability to you. If the permitted, we grant to you and you accept a nontransferable and non-exclusive Equipment is recovered, we will sell the Equipment in a commercially reasonable license to use any software referred in this Lease Contract with the Equipment. manner and you will remain liable for any loss and deficiency resulting from the You may not alter such software and will not copy, disclose or make such termination of the Lease Contract. You shall pay our costs of collection, re- software available to any other person without our prior written consent. possession, repair and sale of the Equipment and of the enforcement of our rights, including legal costs on a solicitor -client basis. By signing this Lease Contract, you, as Lessee agree to the terms and conditions of this Lease Contract and certify that all Equipment has been delivered, is fully installed and is in good operating order. You, as Lessee unconditionally accept the Equipment and request that we, as Lessor accept this Lease Contract and pay the supplier of the Equipment. Each of the undersigned affirms that they are duly authorized to execute this Lease Contract. Sample X Sianature Name of Signing Officer Title of Signing Officer Lease No. 12195 2 J I r I 0 Cy txo SE 0 E E 0 Ni IMP O. YZ 0 til 2 J I r 0 txo SE 0 E E 0 0 0 2 J I aA i 0 .� 0 O U U J N C: > O .� p V O O a`_-+ a, 4 O p � >- O LA Ln m U 2 M O a--+ i 0) M � � E j O .�, O 0 ate-+ U o M Q o CL O +-+ co -0 Q QJ 4-J N +� O 0-0 � Q fu fV > ?> N p i U C N +� +� cn U �E E O U i � O U CL C:C M co u H � U •C: a) L.L � • • • N $3f �--+ V O i •1 OO fu \ E + a C: U •1.+ j U eu 001 4� ca .�V N O U - N ate-+ U ,_ t3 a -J • U - bm ~ O N co cn w 4-J 4� •� U Q fu Q 0 4� ,oft Q U T (� O o N C:— _ O v �0 o E Q -cn- (1)Q N O1 c N ca 0 0 O O ii N H H ate -J � II Ln W 0 C C:� � aD aD C:> 2 'cn .0 0 c: U 0 v co Lo i N O i U C: 0 +-+ 0m � z i Ln a3 c = i >= m o O a a✓ 0 Rt buo Pi O aj •C C: N •ice •p � E Erq 0 +5 ° i m , N O E iz •O Q O Q o Q E c:U N opo •� ° °' O — U — N .� N 0 Q C: Ln O > buo N O O U 'CU C: O 00 •� C N ca � ca 4-' c L7 Ov cn O N `� r O Eo C: }, w N •� O Q N N O U �, U ' m bn i O '— -0�' 'v N O C: Ln Q a--+ Q �^ 0 — M a--+ � O .— � CD- a✓ Ln a� M (D o w (D Ln a--+ Q = cn " U— - U ca M ice• i 9 $3f H O �/ h0� WJ O rq C: M Q0 O m Q p Q E E cn O bn O O � E 0 m i —_ .0 N cn O +_+ U � N� Ln C: t�A Ln 0 .H COUNCIL REPORT M&C No. 2019-283 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Public Safety Services SUBJECT: CAER & Fire Prevention Relocation Project This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author I Commissioner/Dept. Head City Manager Division Chief Dan LeBlanc I Fire Chief Kevin Clifford I John Collin RECOMMENDATION On October 23, 2019 the Finance Committee reviewed the attached submission from the Saint John Fire Department and adopted the following resolution for Common Council consideration: That Common Council approve the transfer of $195,244 from the Fire Department's 2019 Operating Budget surplus to a Capital Budget reserve account for the purpose of advancing the Community Awareness Emergency Response (CAER) Level 1 initiative, and further support the associated relocation of Fire Prevention and Investigation Division. EXECUTIVE SUMMARY The September 30th 2019 budget analysis projects that the Fire Department will be in a surplus position of at least $326,000. The majority of the surplus is attributed to salaries being covered through LTD, Maternity, and Workers Compensation provisions. The projection has been validated by the Finance Department for the City of Saint John. To this end, and in the light of the ongoing sustainability challenges; the Fire Department sought the Finance Committee's endorsement on the following initiative related to safety of the community and the employees who serve its citizens: • The Community Awareness Emergency Response (CAER) & Fire Prevention Relocation Project - $195,244 Community Awareness Emergency Response (CAER) Fire Prevention Relocation Project `LOtl The CAER model offers the framework for collaboration with industrial partners on building emergency planning, preparation and response competence. The collaboration begins with a facilitiy risk assessment, a process designed to fully understand the potential for emergency incidents at each of our community hazard sites. The objective on conducting the risk assessment is to develop emergency response plans or playbooks from which first responders and the industry can implement predetermined action plans to whatever crisis has occurred at the industrial site. The hazard profile of this community demands a much greater focus on preparedness and this CAER Level 1 project will ensure that our preparation capability enables our response competence to a level the community can trust and be proud. The goal of this particular project utilizes simulation technology to enable first responder and industry collaboration in a pressurized environment to test the effectiveness of emergency response plans as well as the competence of the emergency responder in making decisions under stress. It is proposed that the ideal location for CAER simulation theatre is the office space adjacent to the Emergency Operation Centre (EOC) in Fire Station 1 on Leinster Street; space currently occupied by the Fire Prevention and Investigation Division. Repurposing this work space provides mutlple opportunities (beyond the simulation theatre) for SJEMO; including breakout location for Command and General staff (Planning / Logistics ETC.) as well as the City Manager during actual EOC activations. To support the simulation theatre proposal the Fire Prevention and Investigation Division would need to be relocated to Fire Station 4 on Courtenay Avenue. The cost to accommodate the relocation of Fire Prevention Division is $195,244. This cost is based on both an Architect's estimate as well as actual bid results for the plumbing, electoral and mechanical work. PREVIOUS RESOLUTION On February 20th 2017 Common Council received and filed the City Saint John Work Plan - the Fire Department's immediate objective is to more fully engage key stakeholders, particularly industry and businesses, to introduce CAER, a community based initiative to enhance public safety through more effective emergency response planning and preparation. On April 18th 2017 Common Council resolved to authorize the Saint John Fire Department to approach the community's industrial stakeholders to determine their interest in becoming a Saint John Fire Department CAER Partner. REPORT Page 2 of 7 198 Community Awareness Emergency Response (CAER) The City of Saint John has an industrial hazard risk profile unlike any other city in Atlantic Canada and in fact a greater industrial hazard risk profile than many other larger urban Centre's across Canada. Accessibility to tidal waters and the natural proximity to the North American East Coast market provided much of the incentive for the industrial investment that represents much of our community's diverse hazard risk profile. The 1967 amalgamation of three separate urban planning Centres along with the unabridged urban encroachment near established industrial centres has helped create the hazard / risk lansdscape that exist within the Saint John Community. Further to the above, Saint John is home to Canada's largest oil refinery; Canada's only Liquefied Natural Gas (LNG) terminal; two international natural gas pipelines; integrated pulp, paper and tissue manufacturing facilities; two large-scale thermal generation plants; Canada's third most active marine port by tonnage, and two main rail lines hauling a broad assortment of cargos. The City fire service also provides support to the Point Lepreau Nuclear Power Generating Station. The hazard / risk profile is not only diverse but further complicated in that the hazard / risk facilities are integrated within the urban setting. This reality presents numerous challenges with respect to emergency planning, preparation and response competence at the strategic and tactical level. Our current emergency planning and preparation efforts (as it relates to the industrial hazard / risk profile) need to be advanced using modern process and technology such that a more strategic, methodical, and integrated approach to the emergency planning, preparation and response meets the expectations of our community. Relocation of Fire Prevention and Investigation Division The proposed relocation of the Fire Prevention Division is to the vacant ground level space at Fire Station 4 on Courtenay Avenue. Being located within a Fire Station helps accommodate the multiple functions facilitated by Fire Prevention. Besides Fire Code inspections, Fire Prevention also facilitates hundreds of public education sessions, as well as 54 fire investigation each year (on average). When conducting fire investigations, and similar to Fire Operations, Fire Prevention staff are exposed to carcinogens. In keeping with the Department Industrial Hygiene Initiative, Fire Prevention staff must employ the same or similar decontamination procedures as Fire Operations after leaving a Fire or emergency scene (e.g. bunker gear decontamination, change clothes, shower, etc.), services which are already available at a Fire Station. When not in use, the Fire Investigation vehicle must to be parked inside, to both secure and temperature protect tools and equipment. Again, space which is already available in Fire Station 4. For ease of deployment during peak public Page 3 of 7 199 education seasons, the parking lot at Fire Station 4 can accommodate the Fire Safety House (Trailer). To understand the feasibility of relocating Fire Prevention, an architect's design was undertaken and renovation estimates obtained. The vacant space can accommodate Fire Prevention while providing a public facing/ customer service component of the Fire Prevention Division (that has not existed for decades); a small break room, washroom, and a meeting room (open to City use). The architect's estimate for the renovation work was $225,000 +/-. To reduce the cost of the renovations and based upon the priority of utilizing internal resources, staff proposed to facilitate the project management as well as to utilize the Carpenter Shop in so much as possible. To get a truer understanding of project cost, staff issued quotes for the remaining renovation work (plumbing, electrical and mechanical). Based up the architects estimate for the general renovation (to be facilitated by the Carpenter Shop) along with the acceptable low bids for the electrical, plumbing and mechanical work, the project estimate has been revised to $195,244. A project cost breakdown is as follows: Item Bid Amount Arch. Estimate Electrical $28,525.10 $62,043.48 Mechanical $24,995.00 $25,043.38 Plumbing $27,170.00 $11,869.57 Sub -total $80,690.10 $98,956.43 Budget Budget Carpenter $68,475 $68,475 All other $42,690 $42,690 Sub -total $111,165.00 $111,165.00 Sub -total 1 $191,855.10 $210,121.43 HST (only on bids) 1 $12,103.52 $14,843.46 Sub -total $203,958.62 $224,964.89 Less HST Rebate $3,388.98 $4,156.17 TOTAL ESTIMATE $195,244.08 $214,277.60 With the "All other" line covering any unforeseen contingency costs (i.e. noted presence of asbestos fire separation panels in sections of the Fire Station). STRATEGIC ALIGNMENT Page 4 of 7 200 "Ensures that the delivery of efficient public safety services addresses the evolving needs of a growing community". "Creating opportunities to generate alternative revenue sources" through the potential enhancements of the suite of programs offered through the Saint John Fire Training Academy." SJ Fire is currently evaluating vendor proposals to deliver technologies to better facilitate CAER and to advance the revenue generation objectives of the fire training academy. SERVICE AND FINANCIAL OUTCOMES CAER & FIRE PREVENTION DIVISION RELOCATION PROJECT The Fire Department is projecting an operating budget surplus due to a number of factors. The projected surplus of $326,000 was validated as real by Finance. The opportunity to pursue the proposed CAER & Fire Prevention Division Relocation Project arose after the 2019 budget was submitted. Permission to proceed with the project is required as per paragraph 4.2 of the Operating Budget Policy which states that "Operating Budgets, at the Service Area level, cannot by reallocate without Council approval." Where the project will carry over to 2020 and operating budgets do not, permission to convert the operating fund to capital reserve is required. Paragraph 2(b) Capital Budget Policy dated July 9, 2018 gives a level of priority to projects that are "required to mitigate liability associated with health and safety, mitigate liability or to mitigate sudden asset failure" and paragraph 2(d) of that same section, provides discretionary transfer of operating funds to capital for new assets aimed to increase or enhance service levels. The business case for supporting this initiative is based on the record of recent and historical emergency incidents. This community does not have to rely on extreme probabilities as a motivation to host a better planning and preparation environment for emergency incidents; this community simply needs to look at recent history to understand the urgency in having our first responders properly prepared for the hazard/risk profile that exist within the Saint John landscape. As part of the evolution of CAER and in particular the future enhancement to the simulation theatre location, the fire service is currently in the process of renegotiating the long standing response agreement with NB Power (Pt LePreau Nuclear Generating Station). Council has been recently advised that the current value of the agreement is negligible and without an increase in value and an improved ability to properly expose our response personnel to the PLNGS risk, that the current response relationship / contract will cease in December of 2019. Page 5 of 7 201 The Finance Committee and Common Council should be aware that staff hopes to bring forth a lease agreement on an enhancement to the simulation theatre, fully funded from the proceeds of an improved agreement with NB Power. Any further advancements on the CAER concept (CAER level 1-3) will be sought through third party support. As we fully develop our risk assessment competence as well as a process for building and testing emergency response plans; the opportunity for revenue generation through the city's internal expertise becomes very real. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS • Finance has reviewed the 2019 YTD Fire Department Operating Budget surplus and support the $195,244 request with respect to budget surplus; and that a Finance Committee endorsement is required to transfer the funds from 2019 operating budget surplus to a capital reserve account in order to proceed. • Permission to proceed with the project is required as per paragraph 4.2 of the Operating Budget Policy which states that "Operating Budgets, at the Service Area level, cannot by reallocate without Council approval." • Where the project will carry over to 2020, permission to convert the surplus operating budget funds to capital reserve account is required. Paragraph 2(b) Capital Budget Policy dated July 9, 2018 gives a level of priority to projects that are "required to mitigate liability associated with health and safety, mitigate liability or to mitigate sudden asset failure" and paragraph 2(d) of that same section, provides discretionary transfer of operating funds to capital reserve for new assets aimed to increase or enhance service levels. Fire Prevention and Investigation Division From an annual operating cost perspective, the impact of Fire Prevention's relocation to Fire Station 4 is estimated at $2,200 +/- per year (electricity, water, property taxes, etc.). Costs which will be absorbed within existing budgets and/or offset by other savings. It must be noted that whether Fire Prevention relocates to Fire Station 4 or not, approximately $40,000 must be spent to: • Structurally remediate sections of the exterior cider block wall which crumbled during the initial asbestos removal. It is the cider block wall which secures the exterior brick veneer to the building. • Fix gaps in the fire stopping between the vacant space and the apparatus bay, which was damaged, missing or removed during the asbestos removal process. Page 6 of 7 202 • Install basic heat in the vacant space to negate pipes from freezing. In keeping with the corporate directive to utilize in-house services, the proposed renovation project will be managed by both Facility Management and Fire Service Staff. The Carpenter Shop will undertake the bulk of the renovation work, with the applicable electrical, mechanical and plumbing work addressed by contractors. Quotes have already been issued and bids received. Both Materials Management and Facility Management have reviewed the quotes and support the selection of the low bids. ATTACHMENTS Attachment A - Floor Plan for Fire Prevention Relocation to No. 4 Fire Station Attachment B - Bid Results Page 7 of 7 203 m ,1, 4TW Fl m RO %, I TI �, )N UIC) FL,5�:� FL.4— �,,E)v i fro r),[" +",i d�Ii " "T":Ilvl I 204 LEGE'fl, AMW rXIMMfff'M :XNSTRK-M'A 1IAE; WK)U, NUMPEF NAU n-TH All '-E NtTE1�) ;T.FF ENPM L.RX H "EEn,,lj; r,_ aEE CRE) 7 OF 40 NEV's FFr7E F7R;V,E fFr,E :HUk RO %, I TI �, )N UIC) FL,5�:� FL.4— �,,E)v i fro r),[" +",i d�Ii " "T":Ilvl I 204 LEGE'fl, AMW rXIMMfff'M :XNSTRK-M'A 1IAE; WK)U, NUMPEF NAU n-TH BID SUMMARY 2019-082301Q Building Renovations — Fire Station No. 4 - Electrical Closing on Friday, July 12th, 2019 DESCRIPTION Total Electrical Fused leading Edge Gardner New Wave Solutions Inc. Electric Inc. Electrical Inc. Electric Electric Building Renovations — Fire $ 28,525.10 $ 58,700.00 $ 59,869.65 $ 58,277.00 $ 46,300.00 Station No. 4 - Electrical Note: The above amounts are recorded as opened. The amounts have not been checked or verified and may contain errors. The City may waive minor non-compliance with mandatory requirements as set out in Section 120 of New Brunswick Regulation 2014-93 under the Procurement Act. W9191 BID SUMMARY ��• Building Renovations — Fire Station No. 4 - Plumbing Closing on Friday, July 19`h, 2019 DESCRIPTION George Freeze D. E. Maritime Select Mechanical Plumbing and Plumbing and Inc. Heating Mechanical ltd. Building Renovations — Fire $ 43,850.00 $ 52,900.00 $ 27,170.00 Station No. 4 - Plumbing Note: The above amounts are recorded as opened. The amounts have not been checked or verified and may contain errors. The City may waive minor non-compliance with mandatory requirements as set out in Section 120 of New Brunswick Regulation 2014-93 under the Procurement Act. WIN BID SUMMARY 2019-085302Q Building Renovations — Fire Station No. 4 - Mechanical Closing on Friday, July 12th, 2019 DESCRIPTION Controls & Equipment Ltd. 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L% K, "i I c,lel,065 VVII w ■ ■ J ■ ■ J ■ ■ J ■ ■ J W V co C C Q C a C O c� C O ._ v O � N � � c.i � as co a ■ 0 E E 0 lot 0 1 41 COUNCIL REPORT M&C No. 201.11..27 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. MC 2019-273 348 Acamac Backland Road Supplemental Report FINAL.docx OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Mark Reade Phil Ouellette Jacqueline Hamilton John Collin RECOMMENDATION Subject to the approval of a Provincial Environmental Impact Assessment: 1. That Common Council re -designate, 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. 2. That Common Council re -designate, on Schedule B 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. 3. That Common Council rezone a parcel of land having an area of approximately 1.3 hectares, being the private roadway known as Yellow Gate Road, also identified as a portion of PID Nos. 00289454 and 00289595, from Rural (RU) to Pit and Quarry (PQ). 4. That Common Council rezone parcels of land having an area of approximately 16.1 hectares, located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595, from Rural (RU) to Pit and Quarry (PQ). 18191:1 -2- 5. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the use of the parcel of land with an area of approximately 16.1 hectares, located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595, for the use of a Pit and for the use of a Quarry: a. That access to the site be limited to the existing private roadway known as Yellow Gate Road. b. That the excavated clay and aggregate material from the site only be used by the regional landfill in their operations. C. No portion of the site shall be developed in accordance with the applicant's proposal prior to the proponent receiving a Certificate of Determination through the Provincial Environmental Impact Assessment Process and all other necessary Provincial approvals including a Wetland and Watercourse Alteration Permit(s). Proof of these approvals must be submitted to the Development Officer with the required Excavation Permit Application(s). d. No portion of the site shall be developed in accordance with the applicant's proposal prior to the proponent receiving the appropriate approval(s) from the Province for access to the site. Proof of these approval(s) must be submitted to the Development Officer with the required Excavation Permit Application(s). e. That the Fundy Regional Services Commission provide a financial contribution to the City of $5000 per year until 2048, or until the excavation activity ceases. These funds are to be used in the Ketepec, Belmont, and Morna area for neighbourhood parks, community facilities and greenspaces to mitigate quality of life impacts associated with the proposal. These monies are to be placed in the Lands for Public Purposes Trust Fund and that these funds be earmarked for the Ketepec, Belmont, and Morna area. 6. That Common Council, pursuant to the provisions of Section 59 of the, impose the following conditions on the use of the parcel of land with an area of approximately 1.3 hectares, being the private roadway known as Yellow Gate Road, also identified as a portion of PID Nos. 00289454 and 00289595: a. The use of the rezoned portion of land is limited to the following: i. An access to the pit and quarry operation located on PID 00289595; and ii. Access to any use permitted in the Rural (RU) zone. PZIIK -3- 7. That Common Council direct Staff to convey the following concerns to the New Brunswick Department of Environment and Local Government, through the City's membership on the Technical Review Committee, for the Environmental Impact Assessment for the project: • That the issuance of an Approval to Operate for the proposed quarry portion of the project, require the proponent to notify area landowners of the semi-annual blasting and crushing activities in the proposed quarry prior to their commencement. • That the proposed wetland compensation areas located outside of the clay extraction area be completed in advance of the clay extraction. • That the wetland compensation areas incorporate appropriate plantings. • That the City is not prepared to accept maintenance or ownership of the NBDTI access road because of the approval of the project and the factors differentiating the access required for this proposal from year round dwelling units. EXECUTIVE SUMMARY During the October Planning Advisory Committee (PAC) meeting, the Committee adopted a recommendation to deny the application from the Fundy Regional Services Commission for a Municipal Plan Amendment and Rezoning to establish a clay extraction and aggregate operation to support the Landfill's operations on a site located at 348 Acamac Backland Road. The staff recommendation was to approve the application subject to conditions. However, the Committee also recommended additional conditions for Common Council to impose, should they choose to approve the proposal. The purpose of this report is to review the applicability of these conditions and provide a revised Staff Recommendation that addresses the concerns raised by the PAC. Staff believe that the inclusion of these proposed changes, implemented through the Municipal and Provincial approvals, respond to the feedback expressed by members of the public at the PAC meeting as well as the additional feedback offered by PAC in their denial of the staff recommendation. PREVIOUS RESOLUTION On September 23, 2019, Common Council referred the planning application from Gemtec Limited on behalf of the Fundy Regional Services Commission (RSC) to establish a pit for clay extraction and a quarry for aggregate extraction at 348 Acamac Backland Road to the Planning Advisory Committee for a report and recommendation. STRATEGIC ALIGNMENT -4 - It is in the interest of The City of Saint John to have a zoning framework that promotes a competitive business environment for investment to support development while responding to concerns related to impacts on community quality of life and the environment. An overall goal of the Municipal Plan is for the City and Regional Services Commission to manage solid waste in an economic and publicly acceptable manner. REPORT The proposed Municipal Plan amendment and rezoning is to allow for the development of a pit for clay extraction and a quarry for aggregate extraction. The RSC will use the clay and aggregate material at the Crane Mountain landfill. The proponent notes, the clay is of particular importance as it is a required for the construction of cells at the landfill for the disposal of municipal solid waste. The RSC has experienced challenges in securing an adequate source of acceptable clay. The original recommendation contained in the Staff Report and memo to PAC was to amend the Municipal Plan and rezone portions of the site to allow for the extraction activities. The Municipal Plan amendment is required as the portion of the site where the proposed clay extraction area is located in a Provincially Regulated Wetland and is designated as Park and Natural Area. A Municipal Plan amendment is required to change the designation of this area to Rural Resource, which allows for aggregate extraction. The two proposed excavation areas and access road also require a rezoning from Rural (RU) to Pit and Quarry (PQ). Staff, in the PAC Report and subsequent memo, also recommended section 59 conditions to the Committee. These conditions relate to the following: • use of Yellow Gate Road to access to the proposed development, • a requirement that the proponent secure the required Provincial approvals including the Environmental Impact Assessment, Wetland and Watercourse Alteration permits, and approval of the New Brunswick Department of Transportation to use the gravel property access road located within the Route 7 right-of-way which provides access to Yellow Gate Road from the Route 7/Route 177 interchange, and • the exclusive use of the excavated material by the Regional Services Commission for the landfill. The Committee's recommendation to Common Council is to deny the application. The opinion of the Committee is that the proposal does not conform to the Municipal Plan, there would be impacts to the wetland and the immediate need for clay material does not exist. The Committee's recommendation also notes that should Common Council entertain approval of the application, they consider the following as possible Pzya -5 - conditions on the rezoning, in addition to the conditions proposed in the Staff Recommendation: • The requirement for the proponent to create a communications plan to notify area residents of blasting events at the proposed quarry. • A financial contribution to the KBM (Ketepec, Belmont, and Morna) area of $5000 per year until 2048 for neighbourhood parks and greenspaces to mitigate quality of life impacts associated with the proposal. • That the proposed wetland compensation areas located outside of the clay extraction area be completed in advance of the clay extraction. • That the wetland compensation areas incorporate appropriate plantings. Section 59(1) (a) (ii) of the Community Planning Act provides that Common Council may: (ii) impose reasonable terms and conditions concerning (A) the uses of the land, buildings and structures, (B) the site layout and design, including parking areas, landscaping, and entry and exit ways, (C) the external design, appearance and spacing of buildings and structures, and (D) any other matters that it considers relevant to the situation. This provides broad jurisdiction to Common Council regarding the imposition of conditions associated with a rezoning application. It is staff's recommendation that Common Council to consider approving this amended recommendation, which staff believe responds to the concerns raised by members of the public and members of PAC. The remainder of this report qualifies the four additional items recommended by PAC, which is the basis for the amended staff recommendation. The recommended approach for formalizing these four items is discussed below. Wetland Compensation and Plantings Given the Province is responsible for regulating wetlands; Staff have reviewed the two conditions related to wetlands with the Provincial Department of Environment and Local Government. The project is subject to an Environmental Impact Assessment (EIA) and that assessment is currently undergoing review with the Province. This process must come to a favourable conclusion for the project to proceed. The Province can impose conditions for the EIA upon completion of the review and issuance of the Certificate of Determination (Approval). Staff have reviewed PAC's conditions with the Provincial staff reviewing the EIA and it is recommended that Common Council direct Staff to convey these concerns related to wetland compensation areas and plantings to P►z191 the Province as recommended conditions to be imposed through the EIA, since wetland compensation is regulated through the Province. Notification regarding Blasting The only regulation on blasting activities imposed by the City on the application would be through the standards of the Pit and Quarry (PQ) zone that require the following: • That all blasting be monitored to ensure compliance by a professional engineer; • That all blasting be designed, loaded, supervised, and initiated by a Category I blaster as certified under the "Apprenticeship and Occupational Certification Act"; and • That all blasting operations to conform to the latest version of the "General Regulation — Occupational Health and Safety Act" with particular attention to Parts "XII -Explosives" and "XIV -Pits and Quarries;". Residents of the areas adjacent to Westfield Road (east of the proposed quarry), are concerned with the impacts of blasting associated with quarry operations. While the applicant has noted blasting will be monitored and pre -blast surveys of dwellings and structures will be available, large-scale quarrying operations typically provide notifications to the Public regarding the dates and times of planned blasting activity. Staff note this quarry operation would be subject to an Approval to Operate issued by the Province that will impose conditions on the quarry operation. Given this, it is recommended that the Common Council direct Staff to convey the concerns related to notification of blasting activities to the Province as a recommended condition to be attached to the Approval to Operate for the quarry. Park and Open Space Contribution The Committee also proposed that the RSC provide an annual financial contribution to the Ketepec, Belmont, and Morna area of $5000 per year until 2048. This annual payment over the remaining life of the landfill would be directed to neighbourhood parks and greenspaces to mitigate quality of life impacts associated with the proposal on the surrounding community. This approach has been reviewed with the City's Parks and Public Spaces service area who note these funds could be placed into a Trust with the City, similar to that used for money -in -lieu of Lands for Public Purposes, and be used for construction and maintenance and operations of parks and open spaces in the Ketepec, Belmont, and Morna area. The funds could also be used to offset operational costs of existing community centres in the area. Parks and Public Spaces also notes that any changes to where the funding is directed over time be done in consultation with the community. MI, EI Staff recommend that should a specific Section 59 condition be imposed related to community funding, that Common Council resolve to have Staff report back to Council regarding the administration of the funds. Staff note if the $5000 annual contribution is imposed as a condition on the proposed development, it would also meet the intent of providing money -in -lieu of Lands for Public Purposes under the Subdivision By -Law. This money -in -lieu contribution would be required because of any future subdivision of the subject site because of the transaction between the current landowner and the RSC. As the intent of the Subdivision By -Law is met, the requirement to provide money - in -lieu could be waived through a variance from the Subdivision By -Law. Staff propose the following Section 59 condition to require the annual payment of $5000 in conjunction with the proposed development: • That the Regional Services Commission provide a financial contribution to the City of $5000 per year until 2048, or until the excavation activity ceases. These funds are to be used in the Ketepec, Belmont, and Morna area for neighbourhood parks, community facilities and greenspaces to mitigate quality of life impacts associated with the proposal. The City shall establish a Policy to formalize the use of these funds. Imposing this requirement as a Section 59 condition, and having the funds payable to the City provides the City with control over how these funds are spent and to which projects the funds are directed. This allows for a means of mitigating the potential impacts on quality of life for residents who may be impacted by the proposal. The recommendation includes administration of these funds through the City's existing Lands for Public Purposes Trust Account. Previous Concerns Related to Site Access In 2016, Common Council tabled a request from Michael Boyle seeking permission to build a dwelling at 50 Columbus Drive (PID no. 00289462) and a dwelling at 0 Free Lane (PID no. 55043228). The proposed dwellings would be accessed from the property access road, which provides access from the Route 7 & 177 interchange to public and private right-of-ways in the area including Yellow Gate Road. This property access road is controlled by the New Brunswick Department of Transportation and Infrastructure (NBDTI) and was built in conjunction with Route 7. The position expressed by NBDTI with respect to the previous application for the construction of private dwellings was the property access road and the level of service received is not intended to service further development. NBDTI also noted if the City approves further development accessed by this road, the Department will transfer administration and control of the property access road to the city. City Staff note the current proposal for clay and aggregate extraction, while having a higher traffic volume than residential dwellings, will have a lower demand for service as there is no requirement for winter maintenance, compared to that required by a year round dwelling. Materials will be extracted during the spring, summer, and fall months and the proposal is for the exclusive use of the Regional Services Commission and not a commercial quarry. This will result in a lower volume of truck traffic. Staff note that the Regional Services Commission will be responsible for the maintenance of Yellow Gate Road, a private road, and could also take on any necessary summer maintenance to the NBDTI access road. Staff recommend that the City Staff convey that it is not prepared to accept maintenance or ownership of the NBDTI access road as a result of the approval of the project and the factors differentiating the access required for this proposal from year round dwelling units. SERVICE AND FINANCIAL OUTCOMES The approach proposed by Staff with respect to the comments received from the Public and PAC, seeks to respect the interests and mitigate the concerns expressed by area residents. The approach also respects the policy direction established in the Municipal Plan, while enabling efficient and effective landfill operations INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The original planning application was circulated to Infrastructure Development, and Buildings and Technical Services for review and comment. The City Solicitor's Office, Parks, and Public Spaces have also provided input into the report. ATTACHMENTS PAC Recommendation Letter PAC Report Package 1)LANNING ADVISORYI" October 18, 2019 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning 348 Acamac Backland Road The City of Saint john On September 23, 2019 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its October 16, 2019 meeting. Mr. Marc MacLeod of the Fundy Regional Service Commission along with Marco Sivitilli and Abigail Garnett of Gemtec Limited appeared before the Committee. Mr. MacLeod indicated he was in agreement with the Staff recommendation included in the report and provided an overview of landfill design and operations and the need for a clay source to supply material for the cell liners at the landfill. He also highlighted the requirement for aggregate to supply landfill operations. Mr. MacLeod noted the proposed clay extraction would occur in a seasonal wetland and that the quarry operation would operate differently from a commercial quarry in that blasting and crushing activities would occur every other year. Mr. MacLeod responded to questions from Committee members related to past challenges in procuring of a suitable amount of acceptable clay for the construction of new landfill cells, noting the proposed clay source would provide security and a form of insurance with respect to a supply of approved clay for landfill cell construction. He also responded to additional questions related to public engagement, involvement of the FRSC in the broader community surrounding the landfill, and the potential for an alternate liner design and materials. Mr. MacLeod noted a condition of approval of the landfill was that the Commission provide funding (current amount $ 85,000 annually) to projects in the Grand Bay-Martinon area. He also noted a clay liner was a component of the original approval of the landfill, that other landfills in the province have the Page 1 of 6 247 Gemtec Limited 348 Acamac Backland Road October 18, 2019 advantage of having clay material on-site and that dredging spoils would not be suitable material as they contain heavy metals. Mr. MacLeod noted issues identified in the Public consultation related to traffic and blasting and that a realignment of a watercourse is no longer being proposed for the project. Marco Sivitilll, an Engineer with Gemtec Limited, the consultant for the FRSC, appeared before the Committee and noted there are eight cells to be constructed at the landfill between 2012 and 2048 along with 13 cells to be closed and that there is uncertainty with the supply of acceptable clay. He noted a Provincial Environmental Impact Assessment (EIA) is required as over 2 hectares of a Provincially Regulated Wetland is being impacted by the proposal, Mr. Sivitilli provided an overview of the EIA process including Valued Environmental Components that were assessed and Public Consultation. Mr. Sivitilli also responded to questions from the Committee related to the quantity and depth of clay available at the application site and noted the Province requires wetland compensation at a 2:1 ratio for the impacted wetland area, with half of the required compensated area being within the proposed area of excavation. Abigail Garnett of Gemtec Limited responded to questions from Committee members related to the impacts of the proposed clay pit and aggregate quarry on the area's groundwater reserves. She noted that beyond 200 metres from the quarry no impacts on groundwater are expected and that within 200 metres, minor changes in water levels and increase turbidity could be experienced on a temporary basis. The proposed clay extraction is not anticipated to have an impact on groundwater. She also noted clay and aggregate extraction would not occur on a continuous basis. Mr. Sivitilli responded to additional questions from Committee members related to other clay sources, the existing seasonal dwelling on Yellow Gate Road, notification of blasting and the wetland impacts. He noted clay sources used previously might provide sufficient clay for 2 to 4 cell construction projects and that pre -blast surveys will be offered to area residents. With respect to the seasonal dwelling on Yellow Gate Road, he noted the owner of this property had concerns regarding continued access, and that the proposed project would not affect this access. Mr. Sivitilli and Ms. Garnett noted that the proposed clay excavation would not impair the ability of the wetland area to retain water and would actually increase its water retention and that 5% of the wetland area would be impacted at any given time. The consultants also noted background sampling is being completed for a water sampling program that will be conducted in Mill Creek, should the project be granted approval. An Environmental Management Plan will be also required by the Province, should the project be granted approval. Mr. Sivitilli also responded to questions related to alternate designs for the clay liner noting no landfill in the province has a full synthetic liner and all employ a soil component in their liner systems. Page 2 of 6 248 Gemtec Limited 348 Acamac Backland Road October 18, 2019 Following the presentation from the applicant and their consultants, the meeting was recessed for 5 minutes to provide a break for the Committee, staff and members of the Public. Mr. Dale Kilpatrick of Crane Mountain Enhancement Inc. appeared before the Committee and spoke in objection to the application noting the premise for the project is false as alternate liner systems exist. He also expressed concerns regarding the impacts of blasting, the adequacy of the 30 -metre watercourse and wetland setbacks with respect to tree blowdown, lack of a forest management plan in the proposal and the impacts of climate change on the proposed sediment ponds. Mr. John Dbout of Morna Heights appeared before the Committee and provided a presentation in opposition to the proposal noting the impacts of climate change on the project and the impacts of the project on the biodiversity of freshwater wetlands. He noted that artificial wetlands do not mitigate the damage from wetlands impacted by development. Mr. Jim Dobbin, of 2300 Westfield Road, spoke in opposition to the proposal, noting that in his opinion the proposal was contrary to the Municipal Plan policy LU -100 as the wetland is an environmentally significant area as defined by the Province and the Municipal Plan. He also noted two items with respect to Policy LU -4 where the proposal would not enhance the quality of life in the area and most significantly there is no lack of supply of material in the next 5 years as stated by the applicants. Mr. Jim Stubbs of 2184 Westfield Road spoke in opposition to the proposal noting concerns regarding blasting and that the wetland provides a buffer between the residential areas and the landfill. Ms. Julie Dingwell, an area resident, appeared before the Committee and expressed concern with the lack of review of alternate sites and a concern with impacts on the watershed. Mr. Marc Richards, of 12 Red Bridge Lane, appeared before the Committee and expressed concerns related to dust from the proposed quarry. Ms. Roberta Lee, of Bay Crescent Road in Morna Heights, appeared before the Committee and questioned the financial savings of the project. Ms. Mary Mylander, an area resident, appeared before the committee and questioned the financial basis of the project and impacts on groundwater. Page 3 of 6 249 Gemtec Limited 348 Acamac Backland Road October 18, 2019 In response to Ms. Lee and Ms. Mylander, the Committee chair noted the Committee bases its decision on land use impacts and not financial matters or matters relating to property value. The Chair also noted that since the financial business case was presented as the reason for the development it becomes a factor in the land use. Mr. Sivitilli and Ms. Garnett reappeared before the Committee and responded to the concerns raised by area residents. Mr. Sivitilli noted that mitigation measures exist for dust including the separation distances between the proposed quarry and residences, dust control with water, location of crushing equipment and monitoring of dust generated by crushing operations. Ms. Garnett noted the Province considers all wetlands environmentally significant and that the Province does not approve projects if they feel the impacts on a wetland area are too great. Ms. Garnett also noted the wetland in question is a Provincially Regulated Wetland, not a Provincially Significant Wetland. With respect to the timing of revegetation of the wetland, she noted the wetland is currently not fully treed. City Staff responded to questions from Committee members related to the requirements of the Pit and Quarry zone with respect to dust and blasting. Staff noted the zoning standards require blasting to me monitored by a Professional Engineer and that applicants for an excavation permit must detail proposed dust control methods at the excavation site. Committee members expressed concern with the environmental impacts of the proposal, the compliance of the proposal with the land use policy direction established in the Municipal Plan and noted whether additional alternate sources of clay existed to supply the landfill. With respect to alternate sources of supply, Committee members noted they did not feel the need for a new excavation area to supply clay was immediate. It was also noted that Clay will eventually be required, necessitating excavation at the eventual supply location. They also noted blasting occurs in closer proximity to development within the City currently, in areas such as Millidgeville, in conjunction with development projects. Three letters were received by the Committee in addition to 60 received by Common Council during the 30 -day comment period for the Municipal Plan Amendment. Based on the presentation, comments from the Public and letters received, and responses to the Committee's questions by the applicant, the Committee unanimously recommended denial of the application for the following reasons, Page 4 of 6 250 Gemtec Limited 348 Acamac Backland Road October 18, 2019 • All Natural Wetlands are significant and as this impacts one which has been identified by the Province and protected by PlanSJ Policy LU -100 • Policy LU -4b which permits a change due to short supply, was not demonstrated as met by the Applicant as they indicated at least 5 years left of clay. Furthermore, there is an ample supply of commercial aggregate commercially available from various existing pits around the city. Creating a new gravel pit was not seen as necessary in this environmentally sensitive area. • No plan or costing was included in the business case to cover the decommissioning or the creation of additional wetlands under the provincial 2:1 requirement. The proposal only addresses a 1:1 in place wetland remediation. • Committee members raised significant concerns relating to the water holding pond resulting from the clay extraction and any significant rainfall event causing a breach would have serious effects downstream through sensitive areas to the Saint John River. The overall business case, which was the justification for the proposal, is questionable as there were several significant unknown costs left out. Council should review all costs and impacts including the gap between the assessed value of the property and the purchase price in their consideration. The Committee noted that should Common Council entertain approval of the application, they consider the following as possible conditions on the rezoning, in addition to the conditions proposed in the Staff Recommendation: • The requirement for the proponent to create a communications plan to notify area residents of blasting events at the proposed quarry. • A financial contribution to the KBM (Ketepec, Belmont, Morna) area of $5000 per year until 2048 for neighbourhood parks and greenspaces to mitigate quality of life impacts associated with the proposal. • That the proposed wetland compensation areas located outside of the clay extraction area be completed in advance of the clay extraction. • That the wetland compensation areas incorporate appropriate plantings. Staff noted that the two proposed conditions with respect to the wetland compensation areas maybe more appropriate as conditions on the Provincial Environmental approvals and noted City Staff would review these with the Province. The Committee tabled consideration of the requested variances, pending Common Council's decision on the Municipal Plan Amendment and Rezoning as they become moot if the Plan Amendment and Rezoning are denied. Page 5 of 6 251 Gemtec Limited 348 Acamac Backland Road October 18, 2019 RECOMMENDATION: 1. That Common Council deny the application. 2. Should Common Council entertain approval of the application, they consider the following as possible conditions on the rezoning, in addition to the conditions proposed in the Staff Recommendation: a) The requirement for the proponent to create of a communications plan to notify area residents of blasting events at the proposed quarry. b) A financial contribution to the KBM (Ketepec, Belmont, Morna) area of $5000 per year until 2048 for neighbourhood parks and greenspaces to mitigate quality of life impacts associated with the proposal. c) That the proposed wetland compensation areas located outside of the clay extraction area be completed in advance of the clay extraction. d) That the wetland compensation areas incorporate appropriate plantings. Respectfully submitted, Eric Falkjar Chair Attachments Page 6 of 6 252 The City of Saint John Date: To: From: For: SUBJECT Applicant: October 11, 2019 Planning Advisory Committee Growth & Community Planning Growth & Community Development Services Meeting of Wednesday, October 16, 2019 Gemtec Ltd. on behalf of Fundy Regional Service Commission Owner: John Law Corporation Location: 348 Acamac Backland Road PID: 00289595 and 00289454 Existing Plan Designation: Park and Natural Areas and Rural Resource Proposed Plan Designation: Rural Resource Existing Zoning: Rural (RU) Proposed Zoning: Pit and Quarry (PQ) Application Type: Municipal Plan Amendment and Rezoning and Variance Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, November 4, 2019. Page 1 of 14 253 Gemtec Limited 348 Acamac Backland Road October 11, 2019 The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. The Committee can impose conditions. SUMMARY The Fundy Regional Service Commission is proposing to develop two separate portions of the property located at 348 Acamac Backland Road (PID 00289595) for the extraction of clay and aggregate. The proposal requires a Municipal Plan amendment for the clay extraction area and a small portion of the aggregate extraction area as portions of these properties are within the Parks and Natural Areas designation, which does not permit extraction operations. A rezoning from Rural (RU) to Pit and Quarry (PQ) is required for the two excavation areas and private access road. An Environmental Impact Assessment (EIA) has been registered with the Provincial Department of Environment and is currently undergoing evaluation. Staff have reviewed the significant public concerns submitted to Council as part of this application and assessed the proposal against the applicable Municipal Plan policies. Staff are recommending approval of the application with several conditions to mitigate any potential impacts of the operation on the surrounding community. One of the recommended conditions is that the proponent provide confirmation of the Environmental Impact determination and issuance of and all other Provincial approvals including any Wetland and Watercourse Alteration permits issued for the project. RECOMMENDATION 1. That Common Council re -designate, 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. 2. That Common Council re -designate, on Schedule B 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. 3. That Common Council rezone a parcel of land having an area of approximately 1.3 hectares, being the private roadway known as Yellow Gate Road, also identified as a portion of PID Nos. 00289454 and 00289595, from Rural (RU) to Pit and Quarry (PQ). 4. That Common Council rezone parcels of land having an area of approximately 16.1 hectares, located at 348 Acamac Backland Road, also identified as portions of PID No. Page 2 of 14 254 Gemtec Limited 348 Acamac Backland Road October 11, 2019 00289595, from Rural (RU) to Pit and Quarry (PQ). 5. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the use of the parcel of land with an area of approximately 16.1 hectares, located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595, for the use of a Pit and for the use of a Quarry: a. That access to the site be limited to the existing private roadway known as Yellow Gate Road. b. That the excavated clay and aggregate material from the site only be used by the regional landfill in their operations. c. No portion of the site shall be developed in accordance with the applicant's proposal prior to the proponent receiving a Certificate of Determination through the Provincial Impact Assessment Process and all other necessary Provincial approvals including a Wetland and Watercourse Alteration Permit(s). Proof of these approvals must be submitted to the Development Officer with the required Excavation Permit Application(s). 6. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the use of the parcel of land with an area of approximately 1.3 hectares, being the private roadway known as Yellow Gate Road, also identified as a portion of PID Nos. 00289454 and 00289595: a. The use of the rezoned portion of land is limited to the following: i. An access to the pit and quarry operation located on PID 00289595; and ii. Access to any use permitted in the Rural (RU) zone. 7. That, subject to Third Reading being given to the Municipal Plan Amendment and rezoning by Common Council, the Planning Advisory Committee approve variances to: a) reduce the separation between the property line and an access to a pit and quarry from 30 metres to between 0 metres and 30 metres to recognize the existing access location, b) allow for the first 30 metres of Yellow Gate Road, from the intersection with the NBDTI property access road, to remain with a gravel surface, and c) relieve the access road from complying with the requirements Section 12.4(4) (c) with respect to the properties located at 210 Yellow Gate Road and 42 Free Lane. Page 3 of 14 255 Gemtec Limited 348 Acamac Backland Road October 11, 2019 DECISION HISTORY In 1990, Brookville Manufacturing applied for approval to extract a 20,000 tonne test sample of rock from the area proposed for the quarry in the current application. The lands were zoned Rural (RF) under the Zoning By-law in force at the time, which allowed for commercial limestone quarrying subject to terms and conditions imposed by the Planning Advisory Committee (PAC). On December 18, 1990, the Committee refused to impose terms and conditions, although there was a motion put forth by one of the Committee members that proposed a set of conditions to be attached to the approval of the operation. The decision not to impose terms and conditions was appealed to the Provincial Planning Appeal Board. The Appeal Board ordered the Development Officer to issue permit for 20,000 tonne sample with revised conditions that were recommended to PAC. This was the only approval that has been granted for excavation at the site and the amount of material to be extracted was limited to the 20,000 tonne quantity. In the early 2000's the City adopted the Pits and Quarries Zone, which now provides for regulations pertaining to aggregate extraction. ANALYSIS Proposal The Fundy Regional Service Commission is proposing to develop two separate portions of the property located at 348 Acamac Backland Road (PID 00289595) for the extraction of clay and aggregate. The material will be used at the regional landfill, which is located approximately 2.2 kilometres northwest of the subject site. The clay is proposed to be used for construction of liners for future cells at the landfill as the Commission has experienced issues in securing a clay source of sufficient quality and quantity for past cell construction. The aggregate will also be used at the landfill for activities such as a cover material and roadway construction. Access to the site would be through an existing private road, Yellow Gate Road, which provides access from the NB Route 7 right-of-way. The proposal requires both a Municipal Plan Amendment and Rezoning for the area of the proposed clay extraction and a rezoning for the existing access road and proposed aggregate extraction area. Two small areas of the aggregate extraction area also requires a Municipal Plan Amendment. Variances are also required with respect to the Pit and Quarry (PQ) zone standards for access in relation to the existing access road. Site and Neighbourhood The site is located in the Acamac area of the City and is located between Westfield Road and NB Route 7. The subject site consists of two parcels of land: • PID 00289595 where the two extraction areas and a portion of the access road will be located, and • PID 00289454 where a portion of the access road will be located. Page 4 of 14 256 Gemtec Limited 348 Acamac Backland Road October 11, 2019 The immediate area surrounding the site is generally wooded, undeveloped and zoned Rural (RU). Residential development in the area includes: • To the southwest of the proposed clay extraction pit there are two seasonal dwellings and a permanent dwelling located along Columbus Lane and Free Lane, the closest of which (29 Columbus Drive) is be approximately 565 metres from the proposed clay extraction area. • An existing seasonal dwelling, accessed by Yellow Gate Road (201 Yellow Gate Road), is also located to the west of the site approximately 422 metres from the proposed clay extraction area. • To the east of the proposed quarry area, an area of residential development is located along Acamac Backland, Ketepec and Westfield Roads and is zoned Rural Residential (RR) and Rural Settlement (RS). The closest dwelling (126 Acamac Backland Road) is located approximately 430 metres to the east of the proposed quarry area. Municipal Plan and Rezoning Municipal Plan The proposal requires a Municipal Plan Amendment to re -designate an approximately 6 -hectare portion of the site from Park and Natural Area to Rural Resource on the City Structure and Generalized Future Land Use maps. The majority of the area being re -designated Rural Resource is for clay extraction, with two smaller areas of the re -designation for the aggregate quarry. Policy LU -100 provides a framework to evaluate these requests considering the following criteria: environmental impacts, resource potential and community impacts. These areas are reviewed in detail below. In addition, a detailed review of the proposal with respect to the relevant Municipal Plan policies is provided in Appendix A. Environmental Impacts Policy LU -100 requires that areas proposed to be re -designated from Park and Natural Area to Rural Resource not contain environmentally significant features and that any environmental impacts can be mitigated to a level deemed acceptable by Council. In this particular case, the proposal is subject to a Provincial Environmental Impact Assessment (EIA)' as a Regulated Wetland over 2 hectares would be disturbed. The wetland area consists of forested swamp and the EIA examined many environmental features related to the wetland including wetland and aquatic habitat, birds and wildlife habitat, groundwater, and vegetation. While wetland areas will be impacted through the clay removal, these areas will have to be compensated through the construction of 2 hectares of new wetland for every 1 hectare of impacted wetland. Given this, the EIA notes the overall residual impact to wetlands because of A copy of the EIA registration is available on-line at hlWs: //www2. �4nb. ca/content/dam/�4nb/Departments/env/pdf/EIA-EIE/Re �4istrations- EnWe/istrements/documents/EIARe�4istration1515.pdf Page 5 of 14 257 Gemtec Limited 348 Acamac Backland Road October 11, 2019 the project will not be significant. In addition, the wetland area where clay extraction is proposed will only involve excavation of a 0.5 -hectare area at any given time. With respect to the aquatic environment and groundwater, the applicant is proposing a monitoring program for Total Suspended Solids (TSS) and heavy metals in area watercourses over the course of the project. To date, the applicant has collected baseline samples during the course of the EIA as a basis for comparison for the monitoring program. Assessments conducted for the EIA note there is a low probability of fish species at risk (SAR) of extinction or fish species of conservation (SOCC) concern being found within the proposed project site. Overall drainage patterns will remain similar to existing conditions with flows continuing to be directed toward Mill Creek. While the general area of the site provides habitat for bald eagles, a protected species, no bald eagle nests were observed in the subject area during the field investigations conducted for the EIA. Given this, and the available habitat in the broader area surrounding the site, including undisturbed areas of the subject parcel, the proposed project is not expected to affect this species. Potential Wood Turtle habitat was observed during the field investigations. As the Wood Turtle is a Species at Risk, the EIA document proposed measures to manage the impact of the proposed project on this species. These measures include clearing vegetation outside of the nesting season, additional nesting surveys if required, the use of silt fencing and the relocation of any Wood Turtles outside of the activity area should they be encountered. As the residential area to the east of the site along Westfield Road relies on wells for private water supplies, the EIA also reviewed the potential impact of the project on groundwater resources. Given the significant separation distance (minimum 400 m), groundwater supplies in the residential areas east of the development are not expected to be affected by potential changes in groundwater quality or quantity. The aggregate extraction in the Quarry area will remain above the water table, thus effects to groundwater quantity or quality related to the removal of aggregate is not expected. The applicant has provided a study noting that no measureable effects on wells is anticipated as a result of blasting activities as the given the actual separation distances between the proposal and the neighbouring residential areas. Field investigations of vegetation were conducted for the EIA and no species at risk were found in the project site. Due to timing of the study, this work is being supplemented with additional surveys during the 2019 growing season. The investigations noted Lady's Tresses, a vegetation species of conservation concern (SOCC), may be impacted by the proposed project, but the broader area is favourable habitat for this species. As a result, proposed project does not pose a limitation on its habitat. The proposal will involve the clearing of approximately 16 hectares of vegetation for the proposed clay pit and quarry. The EIA report notes this area was not identified as an area of high habitat value for wildlife and similar habitat conditions are prevalent on the surrounding Page 6 of 14 258 Gemtec Limited 348 Acamac Backland Road October 11, 2019 area, including undisturbed areas of the subject site. The loss of habitat will be partially offset during the reclamation and rehabilitation of the site when revegetation efforts are undertaken. While the proposed project will result in the loss of wetland habitat, the overall impact to vegetation is not considered significant by the EIA report as these features are not limited to the impacted area and the 2:1 compensation ratio provides for additional habitat. Resource Potential The applicant is proposing the clay pit area in order to provide a suitable source of clay of an acceptable quality for the construction of cells at the landfill. While there are other pit and quarry locations in the City and region, justification has been provided by the applicant indicating a limited supply of sufficient -quality clay as evidenced by challenges in procuring clay material for the past two cell expansions. The Province identified and accepted three sources of low permeability clay for cell construction at the landfill: the Dexter Pit, the Saint's Rest Pit, and the Five Fathom Hole Pit. In the mid - 2000's only one supplier was able to supply clay for landfill liner expansions. During the 2015 cell expansion, none of the three approved suppliers bid on the project, and clay had to be approved and sourced from a fourth supplier. In 2018, another cell expansion occurred with the selected contractor using material from the Dexter Pit. However, material quality issues were experienced which led to the sourcing and approval of a fifth source. Due to inconsistent clay sources, the recent landfill expansion was completed behind schedule. Although five sources of approved clay exist, supply and quality issues with these sources have affected ongoing operations at the landfill. As a result, the Regional Service Commission needs to seek a clay source that it can control. Through having an approved source of clay, the landfill would mitigate risk factors related to the supply of appropriate clay material. There is sufficient evidence there is not a readily available supply of quality clay material to accommodate the requirements of the landfill. On this basis, Staff note the proposal meets the intent of Policies LU -100, LU -2 and LU -4. Community Impacts There are significant concerns in the community with respect to blasting and dust from the operations and the potential to impact surrounding lands. The applicant is proposing measures to mitigate these issues such as dust control, suspension of activities during windy periods, possible pre -blast surveys and proper equipment maintenance. Policy LU -96 of the Municipal Plan outlines criteria for assessing rezoning applications involving the establishment of new aggregate extraction operations and a rezoning to the Pit and Quarry zone. This criterion is implemented through the Zoning By-law via the standards of the Pit and Quarry (PQ) Zone. A full review of the proposal with respect to Policy LU -96 has been included in Appendix A, and the table below summarizes the conformity with Policy LU -96 and on a broad basis the intent of the PQ zone. Page 7 of 14 259 Gemtec Limited 348 Acamac Backland Road October 11, 2019 Municipal Plan — Policy LU -96 Guideline Response Compatibility with and/or minimal impact on Operations will have minimal impact to existing adjacent land uses. adjacent uses, as the lands either are in a natural state, or largely separated from existing residential areas. An appropriate location and acceptable hours The proposal is appropriately located and of operation. exceeds the minimum setback requirements for both Pit and Quarry Uses. Hours of operation are limited from 7:00 a.m. to 8:00 p.m. as per the PQ Zoning standards. A stormwater management plan. Information provided as part of the EIA process notes sedimentation ponds will be implemented to manage site drainage. The PQ zone also requires City review and approval of the drainage system for the site and Provincial approvals will be required for activities within 30 metres of a regulated watercourse. Incorporation of site development measures These measures will be incorporated into which will assist in the control of smoke, dust, plans, which form part of a Development odour, toxic materials, vibration and noise. Permit and must be followed once issued. Compliance with required setback, yard and The proposal is able to meet and exceed all separation distances from existing roads or setback requirements of the PQ Zone, which uses. is outlined in this report. The provision of visual screening. Natural vegetation is proposed to be retained to provide visual screening of the site. Acceptable location for buildings and The proposal can meet the requirements of equipment. the PQ Zone. Inclusion of necessary safety and protective The operator of the proposed Pit and Quarry measures. uses is required to adhere to all appropriate Provincial and Federal workplace regulations and Laws. A gate limits access to the site. Acceptable location of entrances and exits, A condition is recommended to limit all and the designation of acceptable hauling access to the site through the existing access routes. through Yellow Gate Road to the NBDTI (New Brunswick Department of Transportation and Infrastructure) property access road and on to the Public Street network (Crane Mountain Road) at the Route 117/Route 7 interchange. Demonstrated compliance with signage and The proposal is capable of meeting the landscaping provisions. signage and landscaping provisions of the Zoning By -Law. Page 8 of 14 260 Gemtec Limited 348 Acamac Backland Road October 11, 2019 Measures to ensure future rehabilitation of The operator will be required to post a the site. security as per the rules of the PQ Zone prior to ensure the City is protected against failure to comply with the PQ Zone requirements for rehabilitation of the site. The access route proposed for the site is Yellow Gate Road to the property access road parallel to Route 7 to the Route 7/Route 177 interchange and Crane Mountain Road to the landfill. This route does not pass through established residential areas and avoids the larger residential area located east of the site. Yellow Gate Road is a private road that was constructed, as a condition of approval of the previous request in the 1990's to extract a 20,000 tonne volume of aggregate from the quarry area. Staff note this access route utilizes the gravel property access road, parallel to Route 7 that is controlled by NBDTI, the Provincial Department of Transportation. In past discussions with NBDTI, the Province has expressed a concern with the use of this access road by permanent dwellings, which require a higher level of roadway service and maintenance, particularly during the winter months. The Province has noted that if permanent dwellings are approved, which utilize this service road for access, the Department may transfer the responsibility for this access road to the City. Staff note the use of this service road for resource extraction, such as that proposed by the application, is within the original intent of these roadways as being for resource -related access to forest areas where direct access was severed through divided highway construction. NBDTI has been a part of the Technical review Committee for the EIA associated with this application. This current access has been noted in the EIA and NBDTI has raised no objections. To mitigate the potential for impacts on the residential area to the east of the site along Westfield Road, Staff are recommending a Section 59 condition to require the use of Yellow Gate Road for the proposal and ensure trucking routes are not through established residential areas. Staff also recommend a Section 59 condition requiring the proponent to provide confirmation of all required Provincial approvals, including the EIA Certificate of Determination and Wetland and Watercourse Alteration permits to the Development Officer with the application for the required Excavation Permit(s). Conclusion Based upon the information provided by the applicant, and the analysis in the EIA document, the proposal meets the intent of the Municipal Plan. The proposed re -designation of the clay extraction area from Parks and Natural Areas to Rural Resource will not present environmental or community impacts that are unmanageable through the mitigation measures proposed in the EIA document, relevant Provincial approvals and the standards of the Pit and Quarry (PQ) zone. The analysis presented in the EIA document found the land does not contain environmentally Page 9 of 14 261 Gemtec Limited 348 Acamac Backland Road October 11, 2019 significant features, vegetation or species and that a demonstrated need exists for the resource that is found in the proposed clay excavation area. Rezoning Areas of the site requiring a rezoning from Rural (RU) to Pit and Quarry (PQ) to support the proposal are: two portions of land totalling approximately 16.1 hectares located on PID 00289595 from Rural (RU) to Pit and Quarry (PQ) to permit an extraction pit for clay and a quarry for aggregate material, and an area of approximately 1.3 -hectares located on PIDs 00289454 and 00289595 to recognize an existing access road (Yellow Gate Road) to the proposed extraction areas. The proposal was reviewed with respect to the standards of the Pit and Quarry (PQ) zone to determine compliance with the Zoning By-law. An important consideration is the required setbacks outlined in the Pit and Quarry (PQ) zone. These regulate the distance between the excavation areas and residentially zoned lots and dwellings, lot lines, Public Water Supplies and public streets. These requirements and the actual setback distances are summarized in the Table below. Required and Provided Setbacks — Clay and Aggregate Excavation Areas Required Aggregate Extraction Area Clay Extraction Area Provided Provided Residentially Zoned Lot or Dwelling 200 m 457 m 386 m Public Street' 30 m 30 m 30 m Public Water Supply t2 600 m Quarry/150 m Pit 3200 m 3030 m Lot Line 30 m 30 m 30 m 1. Assumes Crown Reserve Road to the north is a Public Street. 2. 2. Public Water Supply are designated Municipal Watersheds and Wellfields and do not include a private well. Operation of the clay pit and aggregate quarry would be subject to the operational requirements of the Pit and Quarry Zone (Appendix B). The Zone stipulates hours of operation, along with specific requirements for an excavation permit including requirements for detailed drawings indicating slopes and depths of the excavation area as well as all locations of accessory buildings and crushing equipment. This permit is required on an annual basis should the proposal receive Municipal and Provincial approvals. The applicant is also required to provide a statement from an engineer or hydrogeologist regarding the relation of the excavation elevations to the depth to water table and the effect of excavation on water table. No adverse impacts to Page 10 of 14 262 Gemtec Limited 348 Acamac Backland Road October 11, 2019 the water table are anticipated based on an assessment provided by the applicant with this application and discussed in the above sections of the report. The Pit and Quarry (PQ) zone limits the actively excavated area of new pits to 5 hectares, thus the active excavation area of the clay pit is limited to 5 hectares, not including areas related to accessory or secondary uses such as equipment storage, processing or crushing. Access to the site from Route 7 will be provided by Yellow Gate Road, a private road that was constructed as a requirement of the 1992 approval by the City for excavation of rock from the quarry area. Construction of this road was prior to the establishment of the Pit and Quarry (PQ) zone. As the existing road pre -dates the current zone standards and the PQ zone, the location does not meet the access standards set out in the PQ zone including required setbacks from property lines and vegetated separation from existing dwellings. Staff note the location of this access road (Yellow Gate Road) was approved by the City in conjunction with the previous approval for aggregate extraction. As a result, variances are required to reduce these requires setbacks as follows: The PQ zone standards require the access to be located a minimum 30 -metre distance from property lines of the site. This separation is as little as 7 metres from the property lines of PID 00289454 and 0 metres with the northern property line of the proposed excavation site adjacent to the Crown Reserved Road. Given the intermittent nature of the extraction activities (i.e. generally occurring with cell expansion), a lower volume of truck traffic will be experienced as compared with an extraction operation serving ongoing aggregate production for commercial sale. Staff also note the area between the access road and property lines of the site are treed while areas surrounding the access road are largely undeveloped wooded areas with limited development potential under the Municipal Plan and Zoning By-law. • The PQ zone also requires the first 30 metres of the access road to be paved. This standard is for situations where the access road intersects a paved public roadway as is found in other pit and quarry locations within the City. In this particular case, Yellow Gate Road intersects a property access road having a gravel surface. This property access road is maintained by NBDTI and located within the Route 7 right-of-way. Given that, the "public roadway" which the pit and quarry access intersects has a gravel surface, Staff are of the opinion it is reasonable to grant a variance to provide relief from paving the first 30 -metre section of Yellow Gate Road. • The PQ standards require that where an access road is located within 150 metres of a residential dwelling that portion of an access road be paved or screening be provided through: o a treed area having a depth of 30 metres and a height of 4 metres; or o a 4 metre high landscaped berm. Page 11 of 14 263 Gemtec Limited 348 Acamac Backland Road October 11, 2019 The intent of this requirement is to control dust and noise impacts associated with the access. In this particular case, there are two dwellings located within 150 metres of the access as follows: o a seasonal dwelling located at 210 Yellow Gate Road, approximately 41 metres north of the access road, and o a seasonal dwelling located at 29 Columbus Drive approximately 136 metres south of the access road. While a treed area exceeding the 30 -metre requirement is provided, not all of this area is on the property where the access road is located and no control can be placed on the maintenance of these buffers. Staff are of the opinion the intent of the by-law is met, as there is a minimum 7 - metre treed buffer located on the property on which the access road is located. In addition, with the intermittent nature of the extraction activities (i.e. generally occurring with cell expansion) a lower volume of truck traffic will be experienced. Staff also note the areas surrounding the access road are largely undeveloped wooded areas with limited development potential under the Municipal Plan and Zoning By-law. These factors serve to mitigate the impacts on the two existing dwellings while providing a degree of conformity with the intent of the by-law. Staff recommend that a Section 59 condition be imposed on the rezoning limiting access to the proposed Pit and Quarry to Yellow Gate Road. This will prevent access to Acamac Backland Road and impacts on the established residential areas to the east of the site. It will also serve to direct trucks over a shorter route and limit their travel on Public Roadways. In addition, a Section 59 condition is also recommended limiting the use of the excavated clay and aggregate material for the exclusive use of the landfill in their operations in order to limit the scale of the operations and minimize community impacts. Conclusion The applicant is proposing the establishment of an excavation area for clay and aggregate to support landfill operations. Significant public concerns have been raised with respect to the impacts of the proposal on the surrounding community and the environment which have been addressed through the EIA process (as noted in this report). Staff have reviewed the proposal against applicable policies and are recommending approval of the Municipal Plan Amendment, Rezoning and Variances subject to recommended conditions to address and mitigate community impacts and approval of the Provincial Environmental Impact Assessment. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Proponent Page 12 of 14 264 Gemtec Limited 348 Acamac Backland Road October 11, 2019 In conjunction with the Provincial Environment Impact Assessment (EIA), the proponent held a Public Open House on May 28, 2019 at the Saint John Marina. Public During the Public Presentation on August 19, 2019, Council requested staff consider an increased notification distance due to the rural nature of the area. At the September 23, 2019 meeting of Council, a resolution was adopted by Council from a supplementary report from Staff to increase the notification distance to 310 metres of the site. This corresponds to the EIA notification area and ensures consistent notification of landowners for the time and location of the PAC meeting and Public Hearing. This notification was sent to area landowners on October 3, 2019. The public presentation for the Municipal Plan Amendment was advertised on the City's website beginning on August 9, 2019. The public hearing for the rezoning was advertised on the City's website beginning on September 11, 2019. Staff note that during the 30 -day Public Comment period following the Public Presentation of the Municipal Plan amendment, there were 57 responses received during the 30 -day comment period for the Municipal Plan Amendment. This includes 27 letters, which were a form letter where the respondent filled in their name and address. Key issues highlighted in the letters from the Public included: • Concerns regarding the impact on groundwater — 7 responses • Concerns regarding impacts on the wetland — 11 responses • Concerns regarding noise/dust/traffic/community impact — 8 responses • Concerns regarding impacts on wildlife habitat - 3 responses • Concerns regarding the premise of the project — 1 response • Concerns regarding the premise of the project — 1 response • Concerns regarding blasting (including groundwater) — 8 responses • Concerns regarding impacts on the natural area — 2 responses. Consistent with past practice, these letters have been included in the agenda package to PAC. These concerns have been addressed in earlier sections of this report. APPROVALS AND CONTACT Primary Author Senior Planner/Manager Commissioner/Dept. Heads Mark Reade Kenneth Melanson, RPP Jacqueline Hamilton, RPP Phil Ouellette Contact: Mark Reade Phone: (506) 721-0736 E-mail: mark.reade@saintjohn.ca Page 13 of 14 265 Gemtec Limited 348 Acamac Backland Road October 11, 2019 Project: 19-114 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Appendix A — Municipal Plan Policy Review Appendix B — Pit and Quarry (PQ) Zone Standards Submission 1: Site Plans Submission 2: Site Selection Rationale Submission 3: Hydrological Assessment Page 14 of 14 266 0 LL W —1 to w w -�ON C7 V- Cl�l CMI.11S3M m Q& 0 0- Y/Y +0" © »%'w � �/ r©©1< g i\ �\ v , Ckj 'i N C E c Cl) a) y T 000- Q0 as 0 v a a� Cf) N c as v a� Cf) Cf) 00 a� a> E E C0 75 T a> a) a) aa) E a� CD 75 a D� a) cn C2 ce III Ja a C E [0 1.0 N Ir ai 00 C) &„ r 0 a 0 rlN M, F. co O N /co V O 0 N co 0- E E co U 0 ) E Ja C: 0) 0 w-� ai o 00 -6-r H1 a) ti N Appendix A - Municipal Plan Policy Review — 348 Acamac Backland Road Policy/Policies and Subject Area Staff Comment Policy LU -2 Policy LU -2 Ensure the Future Land Use map (Schedule The Province identified and accepted three B): sources of acceptable low permeability clay for cell construction at the landfill: the Dexter a. Provides sufficient land to Pit, the Saint's Rest Pit, and the Five Fathom accommodate the projected demands Hole Pit. In the mid -2000's only one supplier for residential, commercial, industrial was able to supply clay for landfill liner and other land uses over the planning expansions. During the 2015 cell expansion, period; none of the three approved suppliers bid on the project, and clay had to be approved and sourced from a forth supplier. In 2018, another cell expansion occurred with the selected contractor using material from the Dexter Pit. However, material quality issues were experienced which led to the sourcing and approval of a fifth source. Due to inconsistent clay sources, the recent landfill expansion was completed behind schedule. Although five sources of approved clay exist, supply and quality issues with these sources have affected ongoing operations at the landfill. As a result, the Regional Service Commission needs to seek a clay source that it can control. Through having an approved source of clay, the landfill would mitigate risk factors related to the supply of appropriate clay material. There is sufficient evidence there is not a readily available supply of quality clay material to accommodate the requirements of the landfill. Policy LU -4 Policy LU -4 Not consider changing the designation of The change in designation from Parks and lands on the Future Land Use map (Schedule Natural Areas to Rural Resource for the B) through a Municipal Plan amendment, proposed clay extraction area is consistent unless the proposal: with the general intent of the plan as it is a. Is consistent with the general intent located in a rural area of the City largely of the Municipal Plan and further designated as Rural Resource. advances the City Structure; While there are other extraction areas within b. Is necessary by virtue of a lack of the City, the applicant has provided evidence supply of quality land already the proposed redesignaiton is necessary, as designated in the Municipal Plan to there is a limited supply of sufficient -quality accommodate the development; clay for use by the regional landfill. The proposal will not have any impacts on City infrastructure aside from limited use of NO Appendix A - Municipal Plan Policy Review — 348 Acamac Backland Road c. Enhances the community and the existing roadways. Existing roadways will be quality of life offered to residents of used which provide a direct route without the City; traffic impacts on existing developed or large- scale residential areas (Section 59 condition). d. Efficiently uses available infrastructure; Items such as blasting and dust from the operations have the potential to affect e. Does not negatively impact the use surrounding lands. The Environmental and enjoyment of adjacent lands Impact Assessment (EIA) for the project and neighbourhoods; outlines measures to mitigate these issues such as dust control, suspension of activities f. Is an appropriate use within the during windy periods, possible pre -blast land use designation being sought surveys and proper equipment maintenance. for the property, and the proposal is consistent with the specific policies Overall drainage patterns will remain similar regulating development in the to existing conditions with flows continuing to designation; and be directed toward Mill Creek. While the project will result in a direct loss of wetland g. Adequately addresses and habitat within the clay extraction area, this mitigates any significant loss will be compensated at a 2:1 ratio. The environmental impacts. overall residual loss of wetland habitat is not expected to be significant or to affect any vegetation species. Rural Resource Area Policies Rural Resource Area Policies Policy LU -95 Policy LU -95 Create the Rural Resource Area designation The proposed rezoning to the Pits and on the Future Land Use map (Schedule B). Quarries (PQ) Zone conforms to Policy LU - Council intends that land within the Rural 95, as it is an appropriate resource use Resource Area designation shall generally demonstrated through compliance with the remain in their natural state, or, subject to criterial outlined in Policy LU -96. regulation and required approvals, be used for appropriate resource uses including forestry operations, agriculture uses including livestock operations and the fishery, and extraction activities, including pits and quarries. Pits and Quarry Policies Pits and Quarry Policies Policy LU -96 See below Provide that pits and quarries may be located in the Rural Resource Area designation provided the land is rezoned to the Pits and Quarries Zone. The Pits and Quarries Zone defines the specific performance standards for their operation, and the rehabilitation of operative and inoperative pits and quarries. In considering applications to rezone a property to the Pits and Quarries Zone, Council shall ensure the proposed use can demonstrate compliance with all of the zone provisions, including: 18X503 Appendix A - Municipal Plan Policy Review — 348 Acamac Backland Road a. Compatibility with and/or minimal impact on existing adjacent land uses; b. An appropriate location and acceptable hours of operation; c. A stormwater management plan; d. Incorporation of site development measures which will assist in the control of smoke, dust, odour, toxic materials, vibration and noise; Compatibility with adjacent land uses and the appropriateness of the location are demonstrated through the extraction areas meeting the separation distances established in the PQ zone from lot lines, Public Streets and residential areas. Hours of operation would be governed by the PQ zone, and Staff note the extraction and processing activities will operate on a intermittent basis given they are proposed to be operated to support landfill operations. This would see clay extraction occurring in conjunction with cell construction, envisioned to happen every 3 years. Blasting and crushing in the quarry area are expected to occur every 2 to 3 years. Stormwater management will comply with the standards of the PQ zone. Major changes to existing drainage patterns are not anticipated as existing roads and ditches on the site direct water towards Mill Creek. Sediment will be managed through sedimentation ponds to protect downstream water quality. Operational practices including dust suppression, soil stabilization, proper equipment maintenance, pre -blast surveys and the use of certified blasters will be used to limit dust, emissions, vibration and noise. In addition, a treed buffer will be incorporated around the extraction areas. e. Compliance with required setback, The proposal is able to meet and exceed all yard, and separation distances from setback requirements of the PQ Zone, which existing roads or uses; is outlined on page 8 of the report. f. The provision of visual screening; Natural vegetation is proposed to be retained to provide visual screening of the site. g. Acceptable location for buildings and The proposal can meet the requirements of equipment; the PQ Zone. h. Inclusion of necessary safety and The operator of the proposed Pit and Quarry protective measures; uses is required to adhere to all appropriate Provincial and Federal workplace regulations and Laws. A gate limits access to the site. f�XL! Appendix A - Municipal Plan Policy Review — 348 Acamac Backland Road Acceptable location of entrances Existing roadways will be used to access the and exits, and the designation of site including Yellow Gate Road, the property acceptable hauling routes; access road parallel to Route 7 and the Route 7/Route 177 interchange and Crane Mountain Road. Demonstrated compliance with signage and landscaping provisions; and k. Measures to ensure future rehabilitation of the site. Redesigiation of Park and Natural Areas Policy LU -100 Consider requests to re -designate lands from Park and Natural Area to Rural Resource Area provided that the land does not contain environmentally significant features, a demonstrated potential exists for a resource - related use of the land, and any environmental and/or community quality of life impacts from the proposal can be mitigated to a level deemed acceptable by Council. The proposal is capable of meeting the signage and landscaping provisions of the Zoning By -Law. Excavation areas, in particular the clay pit area will be recontoured and revegetated in accordance with the requirements of the PQ zone with additional wetlands provided in accordance with the 2 to 1 reinstatement requirement. Redesigiation of Park and Natural Areas Policy LU -100 The change in designation from Parks and Natural Areas to Rural Resource for the proposed clay extraction area is consistent with the general intent of the plan as it is located in a rural area of the City largely designated as Rural Resource. While there are other extraction areas within the City, the applicant has provided evidence the proposed redesignaiton is necessary, as there is a limited supply of sufficient -quality clay for use by the regional landfill. Items such as blasting and dust from the operations have the potential to affect surrounding lands. The EIA for the project outlines measures to mitigate these issues such as dust control, suspension of activities during windy periods, possible pre -blast surveys and proper equipment maintenance. Overall drainage patterns will remain similar to existing conditions with flows continuing to be directed toward Mill Creek. While the project will result in a direct loss of wetland habitat within the clay extraction area, this loss will be compensated at a 2:1 ratio. The overall residual loss of wetland habitat is not expected to be significant or to affect any vegetation s PAW Appendix A - Municipal Plan Policy Review — 348 Acamac Backland Road Natural Environment and Stormwater Management Policy NE -1 Consider environmental sustainability and life cycle costs in all municipal decisions. Policy NE -4 Encourage reduced automobile emissions by promoting a more compact, mixed-use development pattern and making walking, cycling and transit use viable transportation choices. Policy NE -6 Carefully consider the appropriate location for and the potential affect of heavy or noxious industrial uses when considering development applications. Policy NE -10 Carefully control industrial development, petroleum storage and other uses that carry with them the potential to contaminate groundwater and surface water supplies. Natural Environment and Stormwater Management Policy NE -1 and NE -4 The proposal, while involving removal of a wetland with respect to clay extraction, will provide an aggregate and clay source in close proximity to the landfill resulting in a shorter haul route between the excavation site and the landfill. This shorter haul route will result in lower vehicle emissions than would occur if the material were transported from a location that was a greater distance from the landfill. Policy NE -6 Operational practices including dust suppression, soil stabilization, proper equipment maintenance, pre -blast surveys and the use of certified blasters will be used to limit dust, emissions, vibration and noise. In addition, a treed buffer will be incorporated around the extraction areas. Policy NE -10 Excavation activities at the site, including petroleum storage will be in accordance with all applicable regulations including Provincial regulations relating to petroleum storage. Given the significant separation distance (minimum 400 m), groundwater supplies in the residential areas east of the development are not expected to be affected by potential changes in groundwater quality or quantity. The aggregate extraction in the Quarry area will remain above the water table, thus effects to groundwater quantity or quality related to the removal of aggregate is not expected. The applicant has provided a study noting that no measureable effects on wells is anticipated as a result of blasting activities as the given the actual separation distances between the proposal and the neighbouring residential areas. As the aggregate extraction in the Quarry area will remain above the water table, effects to groundwater quantity or quality related to the removal of aggregate is not expected. WFU Appendix A - Municipal Plan Policy Review — 348 Acamac Backland Road Policy NE -11 Protect environmentally sensitive areas, including watercourses and wetlands, riparian areas, and floodplains and appropriately restrict development near these features. Policy NE -18 Establish provisions in the Zoning Bylaw to protect riparian areas by requiring appropriate setbacks from watercourses and wetlands and encouraging the maintenance, enhancement and restoration of vegetation in riparian areas. Policy NE -22 Enhance natural areas within the City by: a. Protecting and limiting development in environmentally sensitive areas including significant habitat areas, open spaces and areas with rich biodiversity; b. Minimizing the fragmentation of significant natural areas by limiting development in rural areas and linking natural areas, wherever possible, to maintain wildlife habitat and natural corridors; and c. Carefully analyzing and mitigating the impacts of resource uses on adjacent natural areas when considering development applications. Policy NE -11, 18 and NE -22 Extraction of clay will result in an area of approximately 0.5 ha disturbed at each extraction event. Following each clay extraction cycle within each 0.5 ha area, the wetland will be restored prior to moving to clay extraction within the next 0.5 ha area. It is estimated that clay extraction/wetland alteration events will only occur every two to three years during the operational phase of the project (2020-2048). In addition to the restoration of the wetland as the project progresses, additional compensation efforts will be undertaken to account for the overall 2:1 compensation ratio. MAN Appendix A - Municipal Plan Policy Review — 348 Acamac Backland Road Stormwater management Policy NE -35 Improve the natural stormwater storage capacity of watercourses and wetlands in urban and suburban areas on a comprehensive watershed basis in accordance with the City's Storm Drainage Design Criteria Manual and by: a. Restricting development in natural and rural areas; b. Utilizing `low impact development' techniques for on-site stormwater management wherever possible and encouraging innovative stormwater management methods such as green roofs, permeable surfaces, and rainwater collection; c. Designing stormwater management facilities as local amenities by locating them adjacent to parks, open spaces, or greenways and permitting public access where appropriate; and d. Increasing public awareness and engagement regarding stormwater management practices and site design. Policy MS -29 Require that stormwater impacts are considered when development is reviewed and approved and techniques such as `low impact design' and natural stormwater management approaches are used where appropriate. Policy MS -30 Require developers to construct and manage appropriate erosion and sedimentation control measures for construction sites. Stormwater management Policy NE -35, MS -29 and MS -30 Stormwater management will comply with the standards of the PQ zone. Major changes to existing drainage patterns are not anticipated as existing roads and ditches on the site direct water towards Mill Creek. Sediment will be managed through sedimentation ponds to protect downstream water quality. f►XE:3 12 4 IRII IIn QRj Illrllr III 'Q) Zane Municipal Plan Context / "'4/ ThP Pit nnri 01 inrry (PM 7nnP accommodates resource extraction activities. These uses may include excavation of sand, gravel, clay, shale, limestone, or other aggregate deposits. Rehabilitation of these sites is a requirement of this zone. Pit or quarry operations are not considered permanent uses and these properties are intended to be rezoned back to an appropriate zone once a pit or quarry has been exhausted and rehabilitated. The Pit and Quarry (PQ) zone is mainly intended for land outside of the Primary Development Area that is designated Rural Resource Area. However, land in other appropriate designations could be zoned PQ. 12.4(1) Permitted Uses Any land, building, or structure may be used for the purposes of, and for no other purpose than, the following: • Excavation of sand, gravel, clay, shale, limestone, or other deposits; • Pit; • Quarry; • Topsoil Removal; • The existing use described in Schedule E: Exceptions, of each lot respectively, identified therein as being located in the PQ zone. The above main uses may also include any of the following as an accessory or secondary use: Caretaker Dwelling; Crushing and Washing of Aggregates; Office and Storage Buildings; Parking and Storage of Trucks and Heavy Equipment; Screening of Aggregates; Storage of Aggregates, Topsoil, and Overburden; Weigh Scales. 1::Iart 12: Ilirn(JLaiStraZones ..... I[::Ilt and ()Uiariry Zone W061 1::Iage 1 181 12.4(2) Prohibition of Excavation Any excavation permitted in subsection 12.4(1) undertaken for the purposes of sale or other commercial use is prohibited until a development permit in accordance with subsection 12.4(8) has been obtained. [2016, C.P. 111-351 12.4(3) Zone Standards: Setbacks (a) Subject to paragraph 12.4(4)(c), the minimum distances stipulated herein shall be maintained between any excavation upon land with respect to which a development permit has been issued and the following: [2016, C.P. 111-35] Minimum Minimum Distance Minimum Distance From a Distance From a Quarry From a Pit Crusher (i) Public Water Supply (ii) Residentially zoned lot or dwelling present at the time of the application to rezone for a pit or quarry (iii) Public Street (iv) Lot Line of the Excavation Site (v) Other zones 600 metres 150 metres 150 metres 200 metres 150 metres 200 metres 30 metres 30 metres 30 metres 30 metres 30 metres 30 metres 50 metres 30 metres 50 metres (b) No building, structure, or storage or repair area in connection with the excavation may be located within 30 metres in the case of a gravel pit, or 50 metres in the case of a quarry, of a public street or an adjacent zone other than an IL zone, IM zone, IH zone, or PQ zone. (c) Notwithstanding subparagraph (a)(iii), no excavation shall take place within seven and one-half (7.5) metres at the ground line of the poles of a power transmission line tower, with a slope of not less than one and one-half (1'/2) metres horizontal to one (1) metre vertical away there from. 12.4(4) Zone Standards: Access (a) Every private access shall be located a minimum of 30 metres from the lot lines of the pit or quarry. 1::Iart 12: Il irn(R]Str'oal Zones ..... I[::Ilt and ()Uiariry Zone WIN [::lege I1182 (b) Every private access shall be paved for the first 30 metres from its intersection with a public street. (c) Where one or more residential dwellings are present within 150 metres of the private access, that portion of the private access shall be paved unless: (i) The dwelling or dwellings are owned by the owner of the pit or quarry served by the said private access; or (ii) There exists either a natural treed screen having a minimum depth of 30 metres and a minimum height of 4 metres or a natural topographic feature having a minimum of 4 metres in height or a man-made landscaped berm having a minimum height of 4 metres located between the said private access and the said residential dwelling or dwellings extending 25 metres further on either side. (d) Every private access created subsequent to the coming into force of this subsection and which has a length greater than 50 metres shall be constructed in a curved fashion to prevent direct visibility of the excavation site and operation from the public street at its intersection with the private access. (e) Every private access to a pit or quarry shall have a gate at the entrance within 20 metres of the public street. The gate shall be locked when the pit or quarry is not actively in operation. 12.4(5) Zone Standards: Hours of Operation Excavation of land and related activities involving the use of heavy equipment and crushing equipment shall only be carried on between the hours of 7:00 o'clock in the forenoon and 8:00 o'clock in the afternoon of each day, except on holidays as defined in the Provincial Interpretation Act when no excavation of land is permitted. 12.4(6) Zone Standards: Screening (a) A treed buffer at a minimum of 30 metres in depth and a minimum of 4 metres in height or a topographic feature a minimum of 4 metres in height shall surround the excavation site with the exception of an area for an approved access. If trees do not exist in quantities to adequately screen the visibility of the operation from a public street or adjacent residential properties, the applicant shall construct a treed and landscaped berm 4 metres in height to visually screen the excavation site and associated activities. (b) The location of buffers, present or proposed, shall be identified on the applicant's site plan(s) and the treed buffer(s) shall be in place prior to the start of excavation of the ..................................................................................................................................................................................................................................................................................................................................................................................................... 1::Iart 12: Ilirn(R]Stroal Zones ..... Il::Ilt and Q.Uiariry Zone 1::Iag e J 183 M -15I aggregate resource. On-site material may be used for constructing buffers and berms. 12.4(7) Site Rehabilitation The land with respect to which a development permit has been issued shall be rehabilitated in a progressive manner in accordance with subsection 12.4(11). [2016, C.P. 111-351 12.4(8) Development Permit Application A person seeking to obtain a development permit shall be the owner or agent of the land proposed to be excavated and shall make application in writing to the Development Officer in a form prescribed by the Development Officer and such application signed by the applicant shall: [2016, C.P. 111-351 (a) Record the name and address of the applicant and the location of the proposed excavation; (b) Contain a statement indicating the purpose of the work to be carried on and the portion of land where excavation will commence or is in progress, the order of sequence for excavating the balance of the land and the intended use of the land after excavation has ceased; (c) Contain a statement of the estimated volume of material in cubic metres proposed to be excavated during the term of the development permit; [2016, C.P. 111-351 (d) Include the owners express consent to the entry upon the land which is the subject of the application by The City of Saint John and anyone authorized by it including its servants, agents, employees, and workmen, whether by foot or by vehicle, together with the equipment to be used for the purpose of rehabilitating that land in accordance with the provisions of this By-law in the event the owner has failed to do so within the time limits stipulated herein; (e) State the estimated dates of commencement and duration of the excavation; (f) Indicate the probable maximum depths and maximum slopes of the proposed excavation at the end of the term of the development permit for which the application is made; [2016, C.P. 111-351 (g) Indicate the ultimate depth, elevations, and grades of the excavation shall be subject to any applicable requirements of the Development Officer for future streets and municipal water and municipal sanitary sewer lines; [2016, C.P. 111-351 (h) Set out the controls and methods to be employed in preventing the emission of smoke, dust, odours, toxic materials, vibrations, and noise including: ..................................................................................................................................................................................................................................................................................................................................................................................................... 1::Iart 12: Ilirn(R]Stroal Zones ..... Il::'lt and Q.Uiariry Zone 1::Iag e 1 184 WIN (i) All blasting to be monitored to ensure compliance by a professional engineer; (ii) All blasting to be designed, loaded, supervised, and initiated by a Category I blaster as certified under the "Apprenticeship and Occupational Certification Act"; (iii) All blasting operations to conform to the latest version of the "General Regulation — Occupational Health and Safety Act" with particular attention to Parts "XII -Explosives" and "XIV -Pits and Quarries;" (i) Include one or more plans drawn to a scale of not less than 1 to 1000 by a professional engineer, landscape architect, planner, or land surveyor. These plan(s) shall show the phased development of a pit or quarry for a period of 1 to 5 years and shall indicate the following: [2016, C.P. 111-351 (i) The boundaries of the property with respect to which the application is made, and its relation to current streets and other properties; (ii) Current topography at no more than 2 metre contour intervals, or spot elevations or cross sections with a vertical scale of 1 to 100, or a combination thereof, where 2 metre contour intervals are not available; (iii) Location of present natural watercourses and drainage areas as at the seasonal spring peak flow period; (iv) Location of present power transmission line towers and other structures; (v) An outline of the area to be excavated; (vi) The location of proposed watercourses and drainage, including lakes, ponds and retention areas; (vii) The proposed location of any buildings, scale house, equipment, equipment storage area, and equipment repair sheds or areas; (viii) The location of protective fencing if required by the Development Officer; [2016, C. P. 111-351 (ix) The location of entrances and exits to the site of the proposed excavation and gates, if any; (x) The location of traffic routes to and from the area to be excavated; (xi) The location and size of signs erected or proposed to be erected within the site of the proposed excavation and gates, if any; (xii) The depth of the current water table; 1::Iart 12: Il irn(R]Str'oal Zones ..... I[::Ilt and ()Uiariry Zone W-1191 [::lege I1 1 , (xiii) The method of achieving a closed loop drainage system at the excavation area, but if a closed loop system cannot be achieved, illustrate on the site plan(s) and have evidence that the Provincial or Federal approval authority has approved an alternative drainage system; (xiv) The location of a present or proposed water source for use in dust control measures subject to paragraph 12.4(10)(f); (xv) The location of storage area(s) for hazardous materials ; [2016, C.P. 111-35] (xvi) The location of storage areas for explosive materials; (xvii) The location of proposed treed berms and natural treed buffers to be retained for screening; (xviii) The location of storage areas for topsoil and overburden to be used in rehabilitation; Q) Where the application is for a development permit relating to a pit or quarry proposed to be opened subsequent to the coming into force of this subsection, a statement from a professional engineer or hydrologist identifying the depth of the current water table at the location of the proposed excavation, as well as their opinion respecting the effect, if any, of the proposed excavation upon that water table level on adjacent properties not owned by the applicant; [2016, C.P. 111-351 (k) Where an application for a development permit relating to an current pit or quarry site proposes to increase the depth of excavation on that site, a statement from a professional engineer or hydrologist identifying the depth of the current water table at the location of the proposed excavation, as well as their opinion respecting the effect, if any, of the proposed excavation upon that water table level; [2016, C.P. 111-351 (1) An application for a development permit shall be accompanied by one or more plans, other than those mentioned in paragraph (i) drawn to a scale by the professionals mentioned in that paragraph, indicating the proposed method of rehabilitation of the excavation area according to the provisions of this By-law and setting out: [2016, C.P. 111-35] (i) The proposed grading at not more than 2 metre contour intervals or by cross- sections with a horizontal scale of 1 to 1000 and a vertical scale of 1 to 100 or any combination of these including the slopes for the end of the term for which the development permit is being sought; [2016, C.P. 111-351 (ii) The location, quantity and type of trees, planting, hydro -seeding, or other ground cover materials to be used including the type and depth of soil to be used on the berms for the purposes of establishing vegetation; ..................................................................................................................................................................................................................................................................................................................................................................................................... 1::Iart °12: Ilirn(R]Stroal Zones ..... Il::Ilt and C).Uariry Zone 1::Iag e 1186 Pi t,11 (iii) Details of all items and features pertaining to improvement and preservation of the land, including any retaining wall; (iv) The estimated dates of commencement and completion of such rehabilitation, the portion of land on which it will commence and the order and the time schedule for rehabilitation of the balance of the site; and (m) Each application for a permit shall be accompanied by a fee of one thousand and one hundred dollars. 12.4(9) Development Permit (a) Subject to paragraph (c), the Development Officer shall issue a development permit where: [2016, C. P. 111-351 (i) An application under this section has been received; and (ii) The applicant has deposited with the Development Officer security in accordance with paragraph (e) satisfactory to the Development Officer and; [2016, C. P. 111-351 (iii) The proposed excavation and rehabilitation of the land for which a development permit has been sought has been approved by the Development Officer as conforming with all requirements of this By-law; and [2016, C. P. 111-351 (iv) The fee set out in paragraph 12.4(8)(m) has been paid. (b) A development permit is valid from the date of its issuance until the earlier of: [2016, C. P.111-35] (i) December 31 st of the same year; or (ii) The date of the registration in the Saint John County Registry Office of a deed conveying title to the land in question from the applicant. (iii) In the event a development permit terminates due to the conveyance of the land in question, the Development Officer shall issue, without fee, a new excavation permit for the remainder of the calendar year if the new owner delivers to the Development Officer: [2016, C.P. 111-351 (A) Security in accordance with the requirements of paragraph (e); and (B) A written statement that in consideration of the Development Officer issuing a development permit the new owner consents to the entry upon the land in question by The City of Saint John and anyone authorized by it, including its servants, agents, employees, and 1::Iart 12: Il irn(R]Str'oal Zones ..... I[::'lt and Q.Uiariry Zone W-119'7 [::lege I1187 workmen, whether by foot or by vehicle, together with the equipment to be used for the purpose of rehabilitating that land in accordance with the provisions of this section in the event the owner has failed to do so within the time limit stipulated herein. [2016, C.P. 111-351 (c) A development permit shall: [2016, C.P. 111-351 (i) Be in the form prescribed by the Development Officer; [2016, C.P. 111-35] (ii) Be signed by the Development Officer; [2016, C.P. 111-351 (iii) Indicate the purpose of the work to be carried on; and (iv) Set out any controls or measures, which in the opinion of the Development Officer, shall be employed in the operation, including any conditions that may have been imposed by Council upon the rezoning of the site. [2016, C.P. 111-351 (d) No development permit may be issued under paragraph (b) if: [2016, C.P. 111-351 (i) The proposed work would: (A) Create a hazard to human life; (B) Endanger adjoining property; (C) Adversely affect a municipal sanitary sewer, municipal water main, watercourse, or street; or [2016, C.P. 111-351 (D) Not meet the conditions of use set out in the zones that permit the excavation use. (ii) The land of the site is subject to geological instability or flood hazards to the extent that, in the opinion of the Development Officer, no reasonable amount of corrective work could eliminate or sufficiently reduce the instability or hazard. [2016, C.P. 111-351 (e) No development permit may be issued under paragraph (b) until the applicant has deposited a security in the form of money, letter of credit, or a bond in favour of The City of Saint John, in an amount determined by the Development Officer to be adequate to cover the estimated cost of rehabilitation of the land of the site in accordance with the terms and time limits stipulated herein. [2016, C.P. 111-351 1::Iart 12: Il irn(R]Str'oal Zones ..... I[::'lt and Q.Uiariry Zone WIN [::lege I1188 12.4(10) Development Permit Conditions A development permit under subsection 12.4(9) is subject to the following terms and conditions: [2016, C.P. 111-351 (a) Size of the Actively Excavated Area: The actively excavated area(s) of a pit shall not exceed a cumulative ground area of 5 hectares at any time. For greater certainty, an actively excavated area(s) does not include an area of the site dedicated to an accessory or secondary use permitted in the Pit and Quarry zone. (b) Slope of Working Face: (i) The slope of the working face of the excavation, other than in a quarry, must not be steeper than one and one-quarter (1'/4) metres horizontal to one (1) metre vertical for the full depth of the excavation; (ii) Subject to paragraph (c), quarries are permitted to have a vertical working face; (iii) Any land which extends, projects or juts over or beyond the top, working face of the excavation shall be knocked down and left in such condition at the end of each working shift so as to prevent the danger of a fall by natural or other causes; (iv) Where an occasional operating condition results in a working face having a slope steeper than the one and one-quarter (1'/4) metre horizontal to one (1) metre vertical prescribed under subparagraph (i), the owner of the land being excavated shall bring or have the slope brought to at least that prescribed within forty-eight (48) hours after notice to that effect from the Development Officer. [2016, C.P. 111-351 (c) Protection at Vertical Slopes: (i) Where the slope of the working face of a quarry is steeper than 1:1 (vertical: horizontal) and the vertical height of the working face is greater than 3 metres, a combination of boulders and signage spaced along the perimeter of the slope will be required. The boulders shall be no smaller than 1 metre in size and spaced at maximum intervals of 2 metres. Signage warning of the danger shall be placed at 15 metre intervals; and (ii) Fencing may be required for all or a portion of the site if in the opinion of the Development Officer there is a greater chance that public safety is at risk. [2016, C.P. 111-351 ..................................................................................................................................................................................................................................................................................................................................................................................................... 1::Iart 12: Ilirn(R]Stroal Zones ..... Il::Ilt and Q.Uiariry Zone 1::Iag e 1 189 (d) Access: Every private access serving a new or existing pit or quarry shall be maintained in a reasonably dust free condition by paving, watering, or use of calcium chloride and areas that are paved shall remain in a reasonably dust -free condition. (e) Water Table: No excavation shall take place in a pit or quarry to lower the water table on land adjacent to that for which a development permit has been issued. The ultimate depth of the excavation shall be able to sustain the intended long-term uses of the land as indicated. [2016, C.P. 111-351 (f) Water Source: Every new or expanding pit or quarry must have an available natural or fabricated source of water on-site sufficient to meet the requirements of the Provincial Clean Environment Act before excavation can take place. (g) Site Drainage: All pits or quarries shall operate with a closed loop drainage system allowing no water to leave the un -rehabilitated portion of the excavation area, or in accordance with a drainage plan approved by the Provincial Department of the Environment and Federal Department of Fisheries and Oceans. (h) Property Lines: The owner shall have the lot lines staked or marked as required by the Development Officer. The owner shall, if requested by the Development Officer, provide one or more reference benchmarks. [2016, C.P. 111-351 (i) Topsoil Removal: Topsoil stripped from the site shall be stockpiled on-site in sufficient quantities for use as an organic material to provide for the complete re -vegetation of the disturbed areas of the site, but not including access roads. Removal of topsoil shall not extend beyond the excavation area as approved for the current year of the development permit. [2016, C.P. 111-351 Q) Tree Cutting: Tree cutting or the removal of other vegetation is not permitted to extend any further than the excavation area for the current year of the development permit, except as necessary for an approved access road, as illustrated on the approved site plan. [2016, C.P. 111-351 1::Iart 12:Ilirn(R]Str ao� Zones ..... I[::Ilt and Q.Uiariry Zone M -11.1j [::lege I1 190 12.4(l 1) Site Rehabilitation (a) The owner of the land must commence the rehabilitation of the excavation area not later than six months after the earlier of any one of the following situations arising: (i) The excavation or any portion thereof has reached its maximum allowable depth as well the minimum setback requirements set out in sections 12.4(3) and 12.4(10); or (ii) The abandonment of the pit or quarry. A pit or quarry is hereby deemed to have been abandoned when four (4) months pass following the date a development permit for the land was last valid; [2016, C.P. 111-351 (iii) The section of the excavation site is not required for other purposes related to the operation; (iv) The obligation to commence rehabilitation hereunder arises as often as any of the situations identified in paragraph (a) occur with respect to the land for which a development permit has been issued. [2016, C.P. 111-351 (b) Every portion of the excavation area disturbed for the purposes of excavation or associated activities, with the exception of the access road, shall be cleared of debris, sloped in accordance with this By-law, and vegetation established in accordance with the New Brunswick Department of Transportation's specifications for hydro seeding. Exposed rock outcrops shall be considered natural features and shall not be required to be vegetated. (c) In the case of a gravel pit, the slope of the working face of the excavation shall be rehabilitated so that it is not steeper than three (3) metres horizontal to one (1) metre vertical for any portion of the depth of the excavation and be hydro -seeded where appropriate. (d) In the case of a quarry the working face of the excavation shall be rehabilitated so that it is stepped with a vertical rise of not greater than 10 metres meeting a horizontal plateau of not less than 3 metres in width. The horizontal plateaus shall have vegetation established where possible in the opinion of the Development Officer. A consistent slope of no less than (2) metres horizontal to (1) metre vertical also permitted. [2016, C.P. 111-351 (e) The top of the rehabilitated slope of an excavation must not be located within the applicable minimum setback requirements as set out in subsection 12.3(3). (f) When any one of the situations described in paragraph (a) arises, all equipment, buildings, and structures upon the land to which the development permit applies, and associated directly or indirectly with excavation other than fences required under paragraph 12.4(10)(c) shall be removed and all stockpiles, sand, gravel, stone, rock, 1::Iart 12: Ilir (JL]Str'oal Zones ..... 11::I1t and Q.Uiariry Zone M-116.1 1::Iage 1 191 clay, or similar material shall be removed or utilized in the rehabilitation of the land. [2016, C. P. 111-351 (g) Adequate measures shall be taken to prevent surface water from damaging the face of the excavation or fill by the provision of berms, swales, or other measures that satisfactorily resolve the problem. (h) Where a holder of a development permit fails to rehabilitate the excavation area in the manner and within the time limits required hereby, the Council may cause the required work to be done and to be paid for from the security deposit. [2016, C.P. 111-351 (i) The rehabilitation required hereby shall be completed no later than 12 months following the deadline for the commencement of rehabilitation established herein. Q) Rehabilitation of the portions identified in paragraph (a) shall be completed no later than one year following its commencement. 12.4(12) Enforcement In the event of a contravention or failure to comply with any provision of this section, the Development Officer may suspend, or in the case of a continued violation, revoke, the development permit, in writing, to be delivered by hand or by registered mail to the owner, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended development permit or issue a development permit if the conditions are corrected and all the requirements for the issuance of a development permit have been satisfactorily met. Council may cause any work to be done and to be paid for from the security deposit. [2016, C. P. 111-351 1::Iart 12: Ilir (JL]Str'oal Zones ..... I[::'lt and Q.Uiariry Zone P4%I97 [::lege I1 192 GEMTEC C011 ENGmEE.Rs AND SCIIENTIS75 September 11, 2019 G11::.W"TIE.';C C oirm ulldiiir gIE.'irugiiirueers airud auuiieinrdiislis II...iiinrillied ielk: 506.657 0200 589 IRolilhiesay Aveinue fav 506.657 0201 aalinit Jolhuru, INIEiS, Cainada sail inili�olhur@geirriliec ca E: 211 N 2G9 mmr.gerruliec ca New Brunswick Department of Environment and Local Government Environmental Impact Assessment Branch 20 McGloin Street, Marysville Place P.O. Box 6000 Fredericton, New Brunswick E313 5T8 Attention: Rachelle Voisine, B.Sc., Project Coordinator File: 9042.29 — L01 NBDELG File: 4561-3-1515 Re: Proposed Clay Source Cost Analysis, EIA File #4561-3-1515 Crane Mountain Landfill - Clay Source Development, Saint John, New Brunswick igo= 1111aQ1111 "0RI21 This cost analysis is presented as a response to a request from the Environmental Impact Assessment (EIA) Technical Review Committee (TRC), comment number 46. This comment was included in the TRC response letter received in the letter dated July 18, 2019 (Appendix A), for the above noted project. This cost analysis shows that based on our analysis, using local information and historical pricing from previous contracts constructed at Crane Mountain, the development of the proposed clay source located at PID 00289595 (348 Acamac Backland Road) will result in considerable cost savings to the Fundy Regional Service Commission (FRSC). The letter also includes additional details regarding known approved and potential local clayey material clay sources. It also summarizes the issues that the FRSC has had in procuring clayey material through public tendering. Crane Mountain Landfill has constructed eight (8) Municipal Solid Waste (MSW) containment cells since 1997. A cross section detail of the approved MSW containment cell liner design, which has been used on all cells currently constructed at Crane Mountain Landfill, is shown in Figure 1. This liner design is approved by the New Brunswick department of Environment and Local Government (NBDELG). expeiriiei ce ® IkI ovdledge ® iiI1 P"01 1 � a idrop UNER PROTECTION SEE DETAU, BELOW OUPAI . M rI ,""... �_w...."." GEOMEMBRANE dw WEAR STRIP @PWES NPORTE„,„ ,. . -- ........ . a LAY UINER ' ni n SUBBASE m".. ...., wr .. .. . �y Figure 1 Current MSW Containment Cell Liner Detail, Crane Mountain Landfill The liner, illustrated in Figure 1, comprises the following layers • 150 mm of 25 mm clear stone (drainage) • Geotextile B (material separation/filter layer) • 450 mm of 50 mm clear stone (drainage) • Geotextile A (material separation/filter and drainage layer) • Geonet (drainage) • 80 mill HDPE Geomembrane (impervious liner) • 600 mm re -compacted clay material liner (soil liner) • 300 mm granular subbase material (structural base) The re -compacted clay liner, for the liner detail shown in Figure 1, is to have the following properties: • Hydraulic conductivity (k) of less than 1.8 x 10-8 cm/s as measured using the sealed double ring infiltrometer (SDRI) test, the laboratory permeability tests • The material shall be marine or glacial contact, in origin • A clay content of at least 45% by mass • Optimum moisture content in the range of 17 to 21 % • Natural moisture content in the range of 22-28% • Plasticity index in the range of 20 - 27 • Liquid limit in the range of 44 - 50 • Plastic limit in ten range of 18 - 25 GEPwpT I....efteir tu: I ew I131ru i nsmr�r ck 111ep irtirnnei na of IF:.i nm iroi nirnnei na an II..oc II ��oveiri nirnnei na 2 1F.:.:.11 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 184%1.1 'OTEX i IIL u . ....... GEOT unMLE mph&T" 1 � a idrop UNER PROTECTION SEE DETAU, BELOW OUPAI . M rI ,""... �_w...."." GEOMEMBRANE dw WEAR STRIP @PWES NPORTE„,„ ,. . -- ........ . a LAY UINER ' ni n SUBBASE m".. ...., wr .. .. . �y Figure 1 Current MSW Containment Cell Liner Detail, Crane Mountain Landfill The liner, illustrated in Figure 1, comprises the following layers • 150 mm of 25 mm clear stone (drainage) • Geotextile B (material separation/filter layer) • 450 mm of 50 mm clear stone (drainage) • Geotextile A (material separation/filter and drainage layer) • Geonet (drainage) • 80 mill HDPE Geomembrane (impervious liner) • 600 mm re -compacted clay material liner (soil liner) • 300 mm granular subbase material (structural base) The re -compacted clay liner, for the liner detail shown in Figure 1, is to have the following properties: • Hydraulic conductivity (k) of less than 1.8 x 10-8 cm/s as measured using the sealed double ring infiltrometer (SDRI) test, the laboratory permeability tests • The material shall be marine or glacial contact, in origin • A clay content of at least 45% by mass • Optimum moisture content in the range of 17 to 21 % • Natural moisture content in the range of 22-28% • Plasticity index in the range of 20 - 27 • Liquid limit in the range of 44 - 50 • Plastic limit in ten range of 18 - 25 GEPwpT I....efteir tu: I ew I131ru i nsmr�r ck 111ep irtirnnei na of IF:.i nm iroi nirnnei na an II..oc II ��oveiri nirnnei na 2 1F.:.:.11 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 184%1.1 It is estimated that eight additional MSW containment cells will need to be constructed between 2021 and 2048 (the projected life/capacity of Crane Mountain landfill). It is important to note that this proposed clay source development arose not only a cost saving measure, but also due to the fact that FRSC has difficulty procuring clayey liner material for previously constructed MSW containment cells. These issues were discussed in Section 2.1 of the EIA submission. On several occasions over the years, FRSC has investigated the supply of local clayey liner material that meets requirements of the current, approved MSW liner material at Crane Mountain landfill. This was briefly discussed in the EIA registration document dated February 1, 2019, but the following commentary provides additional information. In particular, a detailed investigation was conducted in 2016 to identify existing and potential new clayey liner material sources. The proposed clay source, for which this cost analysis is being conducted, was in fact identified as a potential clay source in the 2016 investigation. This source had been used as a clay source for a nearby municipal sewage lagoon project. By way of demonstrating the research conducted on behalf of FRSC, in an effort to quantify the local supply of clayey liner material prior to exploring the proposed new clay source, a summary of clayey material sources is presented below in Table 1. This table includes the known inventory of each source along with any related issues. Table 1 Existing Approved Clayey Material Summary Source Summary Dexter Pit (Galbraith Construction) GEMTEC • Located approximately 12 km from Crane Mountain Landfill • Used as liner material in Containment Cells 1, 2, 6, and a portion of Cell 8 • SDRI and laboratory testing conducted on material and meets specified requirements • • According to Galbraith, this issue was since resolved, which allowed them to bid on the clay supply contract for Cell 8 Tender 2017-061. I....efteir tu: I ew I131ru i nsWck11:: epairtirnnei na of IF.:::.inn iroi nirnnei n0 and II....oc II Goveiri nirnnei na GF::: 1f F.:: IF:"iroject 9042 29 (Septeirnnlbeir 11, 2 119) f84%tl IN Table 1 Existing Approved Clayey Material Summary Source Summary Hole Pit the contract was awarded to Galbraith, with their (AF Simpson intentising Dexter Pit clayey material. Material issues were Contracting) apparent early in the contract (clay was in relatively thin layers, Dexter Pit making it difficult to extract) and as a result, Galbraith elected to (Galbraith change sources to fulfil the contract (Spruce Lake Clay, discussed Construction) below). Cont. • Based on issues encountered in Cell 8 construction, the Dexter Pit Cambridge source is considered depleted. Clay • Located approximately 16 km from Crane Mountain Landfill • Used as liner material in Containment Cells 3, 4, and 5 at Crane (Debly Mountain Landfill Enterprises) • SDRI and laboratory testing conducted on material and meets Saints Rest Pit specified requirements. (Gulf • Gulf Operators have not bid on clay supply contract after the Operators) construction of Cell 5 (2007) • In discussion with personnel from Gulf Operators, we understand that they do not currently have any clayey material readily accessible in their current pit operation. They would most likely not be interested or able to supply the clayey material for a new cell at Crane Mountain Landfill. • Located approximately 20 km from Crane Mountain Landfill • Has never been utilized as liner material at Crane Mountain Landfill, but was used in the final cover for Cell 2. Five Fathom • SDRI and laboratory testing conducted on material and meets Hole Pit specified requirements. (AF Simpson • AF Simpson Contracting have not bid on clay supply contract for Contracting) MSW cells since the construction of Cell 4 (2004) • GEMTEC did not receive a response from AF Simpson personnel regarding clayey material supply for future cell construction at Crane Mountain Landfill. This source is thus considered depleted or unavailable. Cambridge • Located approximately 20 km from Crane Mountain Landfill Clay • Used as liner material in Containment Cell 7 at Crane Mountain Landfill. (Debly Enterprises) • SDRI and laboratory testing conducted on material and meets specified requirements and was approved in 2015 by NBDELG GEMTEC I....efteir tu: I ew I131ru i nsWck11:: epairtirnnei na of IF.:::.inn iroi nirnnei n0 and II....oc II Goveiri nirnnei na GF::: 1f F.:: IF:"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 184%1:3 Table 1 Existing Approved Clayey Material Summary Source Summary Clay • In discussion with Debly Enterprises personnel, we understand that (AF Simpson they estimate that there is 60,000 cubic metres (about 120,000 Contracting) tonnes) of clayey material remaining at this source and they would most likely be interested in bidding on future clay supply contracts for Crane Mountain Landfill. • Debly Enterprises personnel expressed concern over future development in the area of the Cambridge Clay stockpile, creating Cambridge issues for supply for future contracts at Crane Mountain Landfill (the Clay area is not zoned for pit operations). There is a risk that the (Debly operation would not be approved by the City of Saint John, adding Enterprises) extra risk to utilizing this source. Cont. • This material was noted to contain some oversized blasted rock material and requires significant sorting during extraction to remove the oversize rock material. This creates extra work for the contractor placing the material, adding extra risk to utilizing this source. • This material is also a "stockpile" (excavated during construction of a nearby storm pond) and as such a portion of the clay stockpiled is likely desiccated and not appropriate for clay liner construction (this was noted during construction of Cell 7). We estimate that at least 30% of the stockpile would not be suitable as liner material, adding extra risk to utilizing this source. • Located approximately 12 km from Crane Mountain Landfill • Used as liner material in Containment Cells 8 (about % of total clay in the cell) at Crane Mountain Landfill • SDRI and laboratory testing conducted on material and meets specified requirements. Spruce Lake • A. F. Simpson Contracting has not bid on a clay supply contract Clay using this source. Galbraith Construction utilized this source to fulfill (AF Simpson their contract for clay supply for Containment Cell 8 Contracting) (Contract 2017-06). • Based on test pits conducted in 2018, it is estimated that an additional 40,000 to 60,000 tonnes of clayey liner material is available at this source (sufficient for one or two more cells). • To our knowledge, the location of this source is not zoned to be utilized as a pit, and as such, extraction could be shut down by the City of Saint John, adding extra risk to utilizing this source. GEMTEC I....efteir tu: I ew I131ru i nsWck11:: epairtirnnei na of IF.:::.inn iroi nirnnei n0 and II....oc II Goveiri nirnnei na GF::: 1f F.:: IF:"iroject 9042 29 (Septeirnnlbeir 11, 2 119) P"001 Table 1 Existing Approved Clayey Material Summary Source Thomas Pit — Latimore Lake Road (Thomas Construction) Summary • Located approximately 30 km from Crane Mountain Landfill • Not used as a construction material at Crane Mountain Landfill • Laboratory permeability and grain size analysis testing conducted on material by GEMTEC meets specified requirements • SDRI testing not yet conducted on this material. • Based on test pits conducted after the tendering period, but prior to contract award, it was apparent that extracting this material would be difficult. This was due to the relative thinness of layers of clay and proximity to property lines and appropriately zoned areas. 11 The quantities cited in Table 1 are based on limited field estimates and anecdotal information supplied by the owners of each source. Based on the information collected in this investigation, it is estimated that there is sufficient clay in existing approved sources to complete two to four additional MSW cells at Crane Mountain Landfill. This compares to the eight additional MSW cells required between 2021 and 2048. As a part of the 2016 inventory study, discussions were held with multiple contractors that have either supplied or placed clayey material at Crane Mountain Landfill historically concerning any other potential clay sources in the Saint John area (currently unknown to FRSC). The contractors did not provide information with regards to any additional sources of clayey liner material. In addition to the 2016 inventory study, a preliminary study was commenced in 2006, and updated in 2009 and 2016, which identified several locations in the Saint John area that could potentially contain clayey material. This study identified the following areas as potential clay sources: • Site 1: an area north of Ocean Westway, Saint John • Site 2: the general South Bay area in Saint John • Site 3: an area east of Route 177 in Saint John (location of proposed new clay source for which this EIA is being conducted) • Site 4: PID 00412189, located on the Old Burchill Road in Lorneville, Saint John GEPwpT I....efteir tu: I ew I131ru i nsnr�r ck 111ep irtirnnei na of IF:.i n� iroi nirnnei na an II..oc II Goveiri nirnnei na 6 1F.:.:.11 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) EcON All areas, with the exception of Site 4, are currently freehold properties and would require landowner permission for access to investigate the sources. Site 4 is a large parcel of land in Lorneville (within the limits of the City of Saint John) and is currently owned by the Regional Development Corporation, which is a provincial crown corporation. Some preliminary field work and environmental work was initiated in 2007 with regards to exploring this property for potential clay sources. This work included the following; a desktop geological review; a preliminary site review; an ACCDC data request (related to the presence of rare species); and contact with NB Archeological Services (a branch of the New Brunswick Department of Tourism, Heritage, and Culture). It should also be noted that Site 4 is located adjacent to the Musquash Estuary Marine Protected Area, which could result in higher environmental standards and requirements. An Environmental Impact Assessment (EIA) would likely be required prior to opening any new clay borrow source developments. This property is within the City of Saint John and zoned as a Park Area, requiring both rezoning and a municipal plan amendment to allow for the removal of clay material at this site. This potential property is also located approximately 20 kilometres from Crane Mountain Landfill, as compared to 4 kilometres for the site currently under review. In 2016, GEMTEC also contacted representatives from New Brunswick Department of Natural Resources (NBDNR) to determine if there are any known sources of clayey material in any of their active Crown gravel pits. Serge Allard, P.Geo. (a surficial geologist with NBDNR) stated that seams of clay are encountered periodically during excavation by contractors in DNR pits. However, the clay thickness or quantity is not typically recorded as it is not the targeted material from these pits, which are used for granular resources. Therefore NBDNR does not currently have a record of any clay inventory in any of their regularly active granular aggregate pits. As demonstrated above, FRSC has completed comprehensive and ongoing research to identify clayey liner material sources on several occasions, since 2006. The limited knowledge of privately held material sources combined with past difficulty in tendering clay material (as detailed in Section 2.1 of our EIA Registration Document dated February 1, 2019) has obligated them to pursue the development of this proposed new clay source. As previously noted in other EIA submission documents, the crucial justification for the project is to allow the FRSC to secure their own source of clay liner material. The issues that have been experienced over the past 10 years, with procurement of the supply of clayey material for containment cell construction, places cell construction at risk. This in turn places landfill operations at risk. Securing an approved source of high quality clay would mitigate several risk factors related to tendering and construction of landfill cells, by not having to depend on third - party subcontractors for the supply of clay material. The reduction of construction and operational GEPwpT I....efteir tu: I ew I131ru i nsnr�r ck 111ep irtirnnei na of IF:.i n� iroi nirnnei na an II..oc II Goveiri nirnnei na 7 1F.:.:.11 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 301 costs and risk is also expected to have a positive effect on disposal fees for the FRSC. This is anticipated to result in direct benefits to the municipalities and local service districts in the FRSC jurisdiction. Another advantage of utilizing local clayey liner material is that local contractors have knowledge of how to place the clayey liner material to construct new MSW cells. The clay can be excavated, transported, and placed using common, conventional, locally available construction equipment. The landfill intends to continue to hire local contractors, through a public tenders. Therefore utilizing a material that is locally available benefits the local economy and will offer the opportunity for clay excavation and transport contracts to a wider range of contractors. This has not been the case for previous contracts, where only contractors with their own clay supply could bid. As discussed in our EIA registration document dated February 1, 2019, another advantage of the proposed clay source is the proximity to landfill site. Table 2 summarizes the approximate trucking distance to site of all known historically used or potential clayey material sources. Table 2 Summary of Transporting Distance from Crane Mountain Landfill Source Approximate Distance to Landfill Proposed New Clay Source 4 km Dexter Pit 12 km Saints Rest Pit 16 km Five Fathom Hole Pit 20 km Cambridge Clay 20 km Spruce Lake Clay 12 km Thomas Pit — Latimore Lake Road 30 km PID 00412189 (Lorneville RDC land) 20 km The proposed clay source is approximately 4 kilometres transportation distance from Crane Mountain Landfill, significantly closer to the landfill than any other historically utilized or potential clay source. Further to this, and based on a review of available surficial geology and granular resource maps, FRSC is not aware of any other potential clay source as near to the landfill site as the proposed new clay source. Transportation (trucking) costs are a large proportion of the cost associated with supply of clayey material, and the proximity of the proposed clay source to GEPwpT I....efteir tu: I ew I131ru i nsnr�r ck 111ep irtirnnei na of IF:.i n� iroi nirnnei na an II..oc II Goveiri nirnnei na 1F.:.:.11 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 302 the landfill provides advantage by lower transportation costs. While not part of this analysis a nearby source also offers the added benefit of reducing the overall carbon footprint associated with trucking. Another advantage of the proposed new clayey material source is that it can be accessed via existing roads. The existing access road (referred to as Yellow Gate Road on provincial maps) is in relative good shape, with only minor upgrades required to prepare it for utilization as a trucking road. These upgrades would include; ditching, regrading, clearing of brush, installation of gates, and placement of a layer of granular base material. Prior to commencement of the EIA process, a cost estimate was conducted, which demonstrated that the development of the proposed clay source would result in significant cost savings for the FRSC over the projected life of the landfill. As requested, our detailed costs analysis is presented below, classified in two categories; capital costs and extraction costs. Capital costs include the following cost items: • Land acquisition • Permitting and engineering assessments (previously completed and ongoing) • Sedimentation pond construction • Annual maintenance costs (grading, ditching, etc.) • Existing road upgrades Extraction costs include the following items: • Clearing, grubbing and stockpiling of overburden materials • Excavation and trucking of clayey material • Restoration (grading, shaping, hydroseeding, mulch) • Erosion Control Measures • Royalty fees (NBDNR) • Environmental monitoring Our total estimated costs per tonne for clayey material from the proposed source (2019 dollars) is $12.17/tonne. The costs associated with the development of the propose clay source and extraction and delivery of clay to Crane Mountain Landfill, is summarized in Table 3. GEPwpT I....efteir tu: I ew I131ru i nsnr�r ck 111ep irtirnnei na of IF:.i n� iroi nirnnei na an II..oc II Goveiri nirnnei na 9 X11...::1 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 303 Table 3 Clayey Material Unit Cost Summary Item Estimated Costs per Tonne ($/tonne) Capital Costs Land Acquisition Permitting and Engineering Assessments Sedimentation Pond Construction Road Upgrades Annual maintenance Costs Subtotal Capital Costs Extraction Costs Clearing, Grubbing, Stockpiling Excavation and Trucking Restoration Erosion Control Measures Royalty Fees Environmental Monitoring Subtotal Extraction Costs Total Clay Development and Extraction Costs $12.17/tonne GEPwpT I....efteir tu: l ana I131ru i nsnr�r ck 111ep irtirnnei na of IF::i n� iroi nirnnei na an II..oc II Goveiri nirnnei na 10 1f ll....: II"iroject 9042.29 (Septeirnnlbeir 11, 2 19) 304 This cost estimate is considered to be conservative, based on the following assumptions made in the analysis: It was assumed that all granular materials for roads upgrades and sedimentation pond construction would be imported from offsite. In reality, there are existing granular resources on the site (in the proposed quarry area) that could be utilized as fill material, which would provide savings. It was assumed that all clearing, grubbing, restoration and erosion control measures will be conducted by third party contractors. There is potential that FRSC could conduct some of these processes in house, resulting in further cost savings. As a part of our analysis, the clay costs from the last two cells constructed at Crane Mountain Landfill (Cells 7 and 8) were reviewed. The clay contracts were publicly tendered in accordance with FRSC procurement policy. Table 4 summarizes the unit costs per tonne of clayey material and adjusts the costs to 2019 dollars for comparison purposes, assuming 3% annual inflation. Contractor Bid Price 2019 Adjusted Bid Commentary (Source) ($/tonne) Price ($/tonne) Containment Cell 7 - Constructed in 2015 Debly Enterprises $19.50/tonne $22.03/tonne Contract Awarded (Cambridge Clay) Containment Cell 8 - Constructed in 2018 Galbraith Construction $18.90/tonne $19.47/tonne Contract Awarded (Dexter Pit/Spruce Lake) Average Bid Price* $24.33/tonne *Note- Average bid price calculation does not include withdrawn bids GEPwpT I....efteir tu: I ew I131ru i nsnr�r ck 111ep irtirnnei na of IF:.i n� iroi nirnnei na an II..oc II Goveiri nirnnei na X11...::1 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 305 Based on the historical bids received for the clayey material supply contract for the last two containment cells at Crane Mountain Landfill, the average unit price for clayey material is $24.33/tonne (adjusted to 2019 dollars for inflation). In Section 6.0 of this report, the estimated cost per tonne for development and extraction of the proposed new clay source is estimated to be $12.17/tonne. This equates to cost is a cost savings of approximately 50%. Over the proposed lifetime of the pit, and assuming 450,000 tonnes of clayey material is to be extracted, the total cost savings is potentially as much as $5,476,500 (in 2019 dollars.) This analysis does not take into account that the unit cost of clay would increase as supply is diminished, which would lead to further cost savings. The cost analysis does not take into account the historical difficulty with procurement of clay (see Section 3.0) and the lack of known sources of clayey material. Through the pubic consultation period for the EIA for the proposed new clay source development, various members of the pubic and community organizations have raised the subject of altering the liner at Crane Mountain Landfill. The revisions proposed included a completely synthetic liner option for Crane Mountain Landfill. Item 46 in the TRC review letter for this project included a request for an analysis into alternative liner designs for Crane Mountain Landfill. At this time, FRSC is not prepared to explore alternative liner details. As stated in the EIA registration document (dated February 1, 2019) FRSC is of the opinion that its mandate to operate is partially based on the high quality material used in the current approved cell liner design. This has allowed the FRSC to operate with the good faith of the public. The current, approved liner detail that has been utilized for all cells at Crane Mountain Landfill meets all requirements, with procurement being the only issue. As stated previously in this report, the securing of this proposed new clay source would eliminate the uncertainty with securing the supply of clay and allow the Landfill to continue using the approved existing liner design. Crane Mountain Enhancement Inc.'s (CMEI) submission dated June 2019 (which includes a report from EXP. Dated March 28, 2019) discusses the liner designs of other MSW landfills in New Brunswick, particularly discussing the use of excavating and re -compacting onsite soils and supplementing with geosynthetic clay liners (GCL). The insitu soils encountered at Crane Mountain Landfill are generally fairly sandy or silty, and would not have a fairly high (poor) permeability properties, which would provide less protection than the current clay liner system. We are not aware of the soil conditions at all the other landfill sites in New Brunswick, but was assume that the soil is of better quality (higher clay content) than that which is encountered in the footprint of future cell expansion at Crane Mountain Landfill. GEPwpT I....efteir tu: I ew I131ru i nsnr�r ck 111ep irtirnnei na of IF:.i n� iroi nirnnei na an II..oc II Goveiri nirnnei na 12 1F.:.:.11 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 306 There are several advantages of the current liner system as compared to one based on a fully synthetic liner system. Below is some commentary which justifies FRSC's dedication to the existing liner design at Crane Mountain Landfill. • To the knowledge of FRSC and GEMTEC, NBDELG has not approved a fully synthetic liner system (no soil containment layer) at any MSW landfill in New Brunswick. • As discussed above, the insitu soils at Crane Mountain Landfill are generally either a sandy glacial till material or a saturated silt (ablation till). These materials would not be appropriate as a liner material, due to poor permeability (hydraulic conductivity) properties and poor plasticity properties (moisture sensitivity) of the soils. • The current liner system at Crane Mountain Landfill was developed in 1997 based on the best locally available materials. Therefore, the high quality clayey liner was selected as the soil component of the liner system. • There is local expertise in the construction community in the Saint John area related to constructing compacted clay liners (CCL) using clayey material. Several contractors have constructed clay liners at Crane Mountain Landfill since 1997, as well as at other landfill projects (such as the closure of former dump sites), which utilize clayey material. This provides for a competitive bid environment locally, resulting in cost savings for FRSC while maintaining local investments. The geomembrane supply and installation companies, who have historically done work at Crane Mountain Landfill, are typically from outside New Brunswick. • The CCLs constructed of high quality clay material provide protection not only against leachate migration, but also landfill gas migration. • The clayey material is a locally available material as compared to geosynthetic products that are manufactured outside of New Brunswick. GCLs are often used in areas where suitable quality clayey material (either marine clay or clayey glacial till material) is unavailable. • In terms of relative thickness, the CCL at Crane Mountain landfill is 600 mm thick. A typical GCL would be in the order of 10 mm thick. The added thickness provides further protection against potential "puncture" damage to the liner system. • GCL installation issues include; improper overlap; lack of bentonite on seams; sliding of the GCL on side slopes during installation and covering; wrinkles in the GCL which create a flow path for fluids; and other construction issues. • GCL and HDPE geomembranes can be damaged in transportation or installation (punctured, torn, saturated, UV damage) whereas CCL is remolded onsite into a "uniform" mass. CCL installed at Crane Mountain Landfill under goes vigorous field (density testing, moisture content, depth probe measurements) and laboratory testing (plasticity properties, clay content, moisture content, etc.) to ensure that the material meets GEPwpT I....efteir tu: I ew I131ru i nsnr�r ck 111ep irtirnnei na of IF:.i n� iroi nirnnei na an II..oc II Goveiri nirnnei na 1 1F.:.:.11 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) 307 specification and is installed correctly. The onsite inspection of GCL liners are primarily visual in nature. The CMEI report also discusses utilizing a double HDPE geomembrane system, which would allow for leak detection layer between the two layers of geomembrane. These leak detection systems are noted to "clog up" and not always operate as designed. The underdrain (or subdrain) system at Crane Mountain Landfill which is located below all MSW cells, serves as a leak detection system for the landfill. It is monitored via instrumentation (an auto sampler) on a continuous basis. Perimeter monitoring wells around Crane Mountain Landfill are also routinely tested, by way of additional monitoring. In summary, FRSC wishes to comply with the current, NBDELG approved composite liner system. Securing the development of the proposed clay source will alleviate the only issue that FRSC has had with the current liner system; this being the sufficient, secure, supply of clayey material. Further to this, our cost analysis also demonstrates that considerable cost savings would also result from the development of the proposed clay source. In summary, this cost analysis demonstrates that the development of the proposed new clay source development would meet all the requirements of the approved, current landfill liner. This new source would also result in significant cost savings to the FRSC and the taxpayers in the region. We trust this analysis meets your requirements at this time. If you have any questions or comments please do not hesitate to contact the undersigned. Sincerely, &%&&3 Corey G. Keats, M.Sc. E, P. Eng Senior Civil / Geotechnical Engineer GEMTEC M S/ck 9"-P Marco Sivitilli, P.Eng. Civil / Geotechnical Engineer GEMTEC Enclosures N:\Files\9000\9042.29\TRC\Round 2 Response\Appendix D - Clay Cost Analysis\2019mis0911-101 (Clay Source Cost Analysis).docx GEPwpT I....efteir tu: I ew I131ru i nsnr� lck 111ep irtirnnei na of IF:.i n� iroi nirnnei na an II..oc II Goveiri nirnnei na X1F.:.:1 1f F.:.: II"iroject 9042 29 (Septeirnnlbeir 11, 2 119) [OU] 141 AND SOENTISM September 20, 2019 Fundy Regional Service Commission 10 Crane Mountain Road Saint John, New Brunswick E2M 7T8 GIIW'TIE.''C Coinsaulldiiir gIE.'irugiiirueers airud aciieinrdiisa s II iiinruiRed &el "a06453. 025 �911 11 . :)oalk Road fav 506 453 9470 F:iredeirldon, NE3, Cainada firedeiridoiru geirri ec ca I::DC21f:.:6 wmr.geirr&euu.ca Attention: Mr. Marc MacLeod, Executive Director File: 9042.27- L01 Re: Discussion of Potential Effects to Water Quality and Quantiy, Proposed Crane Mountain Landfill Clay Source Development, Saint John, New Brunswick •1 0 The following document is intended to support the information presented in the Environmental Impact Assessment ("Regulator Draft Report, Environmental Impact Assessment Registration Document, Crane Mountain Landfill Clay Source Development, Saint John, New Brunswick", GEMTEC Project, 9042-27-R01, dated February 1, 2019) prepared for the Fundy Regional Service Commission and submitted to the New Brunswick Department of the Environment and Local Government (NBDELG), and is meant to be read in conjunction with and supplement the EIA Registration document. This document is a desktop review of readily available literature and information; the documents and scientific studies reviewed during the preparation of this document are listed in the references section. It is important to note, no field testing or intrusive work was completed in support of this assessment. As part of the public engagement portion of the EIA, a number of questions/concerns were raised regarding water wells (groundwater quantity/quality) and impacts to surface water resources from Project activities. The objective of this letter report is to provide additional information on these topics, in an attempt to address these questions/concerns. 3.1 High -Level Summary of Project Activities A detailed description of the proposed Project is presented in the EIA Registration document (GEMTEC, 2019), a summary is presented below as it relates to the objective of this document. The main Project activities include: experiieince ® Ikl ovdledge ® ulnae riiay 19191'1 1. Clay Extraction in the Clay PDA Extraction of clay material from a portion of a mapped regulated wetland (which is a forested swamp complex) (Figure 1 in Attachments). An open pit method is proposed and any water that seeps into the clay pit or accumulates from snow melt and precipitation, will be pumped into a sedimentation pond, allowed to settle and eventually discharged to Mill Creek (once total suspended solids measurements are no more than 25 milligrams per litre above the baseline and at a volume that does not overwhelm the capacity of the receiving watercourse). The overall size of the regulated wetland in the Project area is 10.2 hectares (ha), of which only 7.8 ha is present within the Project Development Area (PDA). Approximately 4.8 ha of the total regulated wetland will be altered/destroyed during clay extraction activities. The remaining portion of the regulated wetland (the open water portion of Wetland 1) will not be altered. It is currently proposed that clay will be extracted from the wetland sequentially, with an area of only approximately 0.5 ha disturbed at each extraction event. Following each clay extraction event within each 0.5 ha area, the wetland will be restored prior to moving to clay extraction within the next 0.5 ha area. It is estimated that clay extraction/wetland alteration events will only occur every two to three years during the operational phase of the project (2020-2048). In addition to the restoration of the wetland as the Project progresses, additional compensation efforts will be undertaken to account for the overall 2:1 compensation ratio. Realignment of the unnamed tributary of Delaney's Lake (referred to as the Outlet in the EIA Registration document) that travels through Wetland 1 in the Clay PDA was originally proposed in the scope of work for the Project; however, this is no longer part of the project scope at this time. 2. Aggregate Extraction in the Quarry PDA Extraction of aggregate material from the area of the existing quarry, which will extend eastward during its development. Aggregate material will be extracted from the Quarry PDA through "quarry face" operations by leveling an existing hill area (Figure 1 in Attachments). The aggregate will be extracted by advancing the existing northwest -face quarry wall. The bottom depth of the aggregate quarry is not anticipated to change from the existing conditions and quarrying activities will remain above the water table. As indicated in the EIA Registration document, blasting events are expected to be infrequent and on an as -needed basis for construction projects at the Crane Mountain Landfill. It is expected that during the operational phase of the Project (2020-2048), up to five annual blasting events may occur within the Quarry PDA, during peak landfill construction periods every two to three years. During periods of little or no construction at the landfill, blasting events will be intermittent and there will likely be periods of several years where no quarry activities occur in the PDA. GEMTEC 191191 I....efteir au: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin 2 F:"iroject 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) 3. Other Project Activities Other activities that will be completed as part of the Project include enhancement of the existing site assess road (Old Quarry Road or Yellow Gate Road). 3.2 Summary of Potential Effects As presented in the EIA Registration document, aggregate and clay extraction activities could have the following potential effects on groundwater and/or surface water quantity and quality: The potential lowering of the water table in the vicinity of the clay pit due to seepage of groundwater into the excavation area and resulting dewatering activities could potentially cause a reduction in well yields and surface water levels due to a localized lowering of the water table. • The potential for temporary increases in turbidity in nearby wells due to blasting and heavy machinery operation in the PDA. • The potential for deterioration of water quality downstream of the Clay PDA and Quarry PDA and in the groundwater aquifer due to either the use of heavy equipment containing petroleum hydrocarbons and blasting chemicals (if used) or, increased sedimentation during clay extraction or accidental overtopping of the sedimentation pond. • Changes in local topography from blasting and excavating activities may affect the quantity and frequency of water and nutrient inputs into Mill Creek, the Outlet and the Pond (described below in Section 4.0). • Indirect loss of wetland habitat/function downgradient of the PDA due to the re -alignment of the tributary channel. The loss of wetland habitat and function in the Clay PDA may change the hydrological regime and surface water quality and quality in the downgradient aquatic environment. As re -alignment of the tributary channel is no longer proposed, these effects are no longer relevant and are not discussed further herein. The potential for these overall effects will be related to the quantity of water removed via dewatering in the clay pit (note, dewatering is not proposed for the aggregate quarry); the direction of groundwater flow; the frequency and strength of blasting; private potable well constructions; distances to the private potable wells; properties of the groundwater aquifer; and properties of the surface water flow system. Additional information is provided below regarding these potential effects to support the information and conclusions presented in the EIA Registration document. GEMTEC 311 I....efteir au: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin F:"iroject 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) / *, DISCUSSION ., WATER QUALITY AND ANITY IN THE PROJECT AREA 4.1 Potential effects to groundwater and surface water quality from dewatering in the Clay PDA, accidental spills and potential increased sedimentation Groundwater and surface water are often closely related; however, their interaction is dependent on both the physiographic characteristics of the environment as well as climate. Under natural conditions, groundwater moves from areas of recharge (e.g., upland areas) to areas of discharge (e.g., wetlands and streams). Wetlands that are consistently wet or are open water wetlands and watercourses that have a steady flow of water, typically rely on a consistent discharge of groundwater. Most groundwater systems receive diffusive recharge, which is the result of precipitation moving towards the water table occurring over large areas; and localized recharge, which is the movement of water from surface water bodies to groundwater systems. Localized recharge is much more spatially variable than diffuse recharge. As diffusive recharge occurs over a large area, even small amounts of recharge can result in large amounts of inflow to a groundwater system. The amount of water resulting from precipitation that becomes recharge is dependent on a number of factors including weather (i.e., temperature, amount of rainfall), surface soil properties (e.g., permeability), vegetative cover/type, topography, and the depth below ground surface to the water table. Is it important to note that the water table will naturally fluctuate both seasonally and from year to year; typically the water table will be higher in wet seasons (spring and fall) and lower in drier seasons (summer and winter). It is commonly considered that in general, the water table represents a subdued replica of the topography at the land surface. During drier seasons (between heavy rainfall events (storm conditions) and snowmelt conditions), groundwater discharge to surface water features (e.g., watercourses and wetlands), will often sustain streamflow; this is referred to as "baseflow". However, streams or other surface water features such as wetlands can either receive groundwater (these are referred to as gaining streams) or lose water to groundwater (these are referred to as losing streams); and it is not uncommon for streams/wetlands to be both gaining and losing streams in different reaches. Water is then lost from the surfaces of these surface water features and vegetation via evapotranspiration or transpiration, respectively. The overall PDA, as specified in the EIA Registration document, is located in the Mill Creek Valley with bordering upland areas to the northwest, southwest, and southeast. Within the PDA, Mill Creek flows along the Mill Creek Valley, along with an unnamed outlet of Delaney Lake (referred to in the EIA as the "Tributary", and a man-made impoundment (created during historical clay extraction in the area) referred to as the "Pond" in the EIA Registration document and its associated drainage channels and roadside ditching, which discharge into Mill Creek in the project area. GEMTEC 191K I....efteir au: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin 4 F:"iroject 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) Locally, groundwater is expected to flow from the upland areas towards the Mill Creek Valley and hence toward the PDA. Regionally, groundwater flow is anticipated to be to the northeast towards the Saint John River (at South Bay) (Figure 2 in attachments). The closest residential neighbourhoods to the PDA, with private groundwater supplies, include (Figure 2 in Attachments): • The residential development located approximately 900 metres southeast of the Site along Acamac Backland Road (herein referred to as "Residential Development Area 1"). • The residential development located approximately 400 metres southwest of the Site along Old Quarry Road (herein referred to as "Residential Development Area 2"). • The residential development off Westfield Road, which is located approximately 1.3 kilometres to the northeast of the Site (herein referred to as "Residential Development Area 3"). Residential Development Area 1 is located down -gradient of the PDA with respect to regional groundwater flow, but given its location along the crest of the southern ridge that bounds the Mill Creek Valley, and as such, its groundwater supply source is considered to be local recharge within the footprint of the residential development areas as well as from upland areas along the ridge to the southwest. Therefore, it is not expected that groundwater underlying the PDA contributes to groundwater supply in this area. Residential Development Area 2 is located up -gradient of the PDA, and as such it is not expected that groundwater underlying the Project area contributes to groundwater supply in this area. Residential Development Area 3 is located in a separate drainage catchment area as compared to the PDA, and is separated from the Site by a number of intervening topographic and hydraulic drainage divides. As such, it is not expected that groundwater underlying the PDA contributes to groundwater supply in this area. Based on the significant separation distance (i.e., minimum 400 m) and their hydrogeological location with respect to the Site, the groundwater supplies in the three neighbouring residential development areas are not expected to be affected by potential changes in groundwater quality or quantity underlying the Project area. Therefore, the potential localized lowering of the water table in the area of the Clay PDA, from dewatering activities is not expected to affect groundwater quantity in the nearby residential areas; and potential accidental spills and increased sedimentation are not expected to affect groundwater quality in the nearby residential areas. Further as the aggregate extraction in the Quarry PDA will remain above the water table, effects to groundwater quantity or quality related to the removal of aggregate (note, blasting is discussed in the following section) is not expected. GEMTEC I...efteir tu: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin a F"irojec : 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) 313 With respect to surface water quantity, since water removed from the clay pit during extraction activities will be placed into a sedimentation pond when turbidity could be an issue and re-released to Mill Creek, significant changes to the water level in Mill Creek are not anticipated. In addition, sequential removal and restoration efforts are expected to minimize any changes in water levels in Mill Creek and its tributaries located within the PDA. Additionally, the nature of the soils (low permeability) in the Clay PDA is anticipated to mitigate potential draining of the outlet. Further, by implementing the mitigation measures identified in the EIA Registration document, potential effects to surface water quality downstream of the Clay and Quarry PDAs due to Project activities (i.e., use of heavy equipment containing petroleum hydrocarbons and blasting chemicals (if used), clay extraction and accidental overtopping of the sedimentation pond) will be reduced and are not expected to be significant. While the local topography will be changed in the PDA due to rock or clay removal over time, overall the drainage patterns are not expected to change and will continue to move from the upland areas to the Mill Creek Valley. Therefore, significant changes in the quantity and frequency of water and nutrient inputs into Mill Creek, and its tributaries within the PDA are not expected. 4.2 Potential Effects to Groundwater Quantity and Quality from Blasting Most often the effects from blasting operations (e.g., quarries) are related to ground vibrations and air concussions, and physical damage to wells and impacts on groundwater quantity and quality are rare (Pennsylvania Department of Environmental Protection (PDEP), undated). Blasting at aggregate quarries is intended to fracture or break up the rock within the area of the quarry only. According to the PDEP, there have been instances where well water nearby a quarry has become cloudy (or turbid) and the well has experienced a slight drop in the water level; however, these effects were temporary with no permanent physical damage to the well. Ground vibrations from blasting will decrease with increased distance from the blast and the decrease is often based on the properties of the deposits (soil) at the Site and in the general area, and the overall topography. In a study of four quarry sites completed in 1980 (Philip R. Berger & Associates Inc., 1980), in which wells (shallow and deep wells, 30 metres and 50 metres deep, respectively) were located approximately 300 metres from each of the quarries, and maximum ground vibrations were recorded in the range of 21 mm/s to 138 mm/s resultant particle velocity, no direct evidence of significant changes in well performance or water quality were noted as a result of blasting. The study concluded that a peak particle velocity of 51 mm/s is not sufficient to cause damage to a well. This study also suggested that there are no measureable effects at water wells further than 200 metres from a quarry. Within the area of measureable effects, the most common effect that was noted was a temporary increase in turbidity or water discoloration. However, it is noted in the study that the cause of increased turbidity was difficult to determine as turbidity can increase due to normal intermittent sloughing of the sidewall of a well borehole and the effects were no more significant than turbidity changes due to normal sloughing. Additionally GEMTEC I...efteir tu: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin 6 F"irojec : 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) 314 the effects were more pronounced in wells in which water was obtained from shallow fractures. It was also determined that induced ground vibrations from blasting less than 25 mm/s maximum resultant particle velocity could result in temporary responses (water levels) in nearby water wells of 3 to 6 centimetres (up or down), with the specific capacity remaining unchanged and no adverse effects on the wells. The minimum setback from a residential lot/home for the rezoning application required for the quarry operations for the Project is 200 metres (Plan SJ, undated). This Project setback distance is equivalent to the distance indicated in the above study in which no measureable effects on water wells are anticipated. As the actual separation distances between the Project and the neighbouring residential areas are expected to exceed this distance, no measureable effects on the water wells in the nearby residential areas are anticipated. Furthermore, blasting will be completed in accordance with the New Brunswick Regulation 89- 108 under the Municipalities Act (O.C. 89-606) and will not exceed the peak velocity limit of 12.5 mm/s. This allowable maximum particle velocity is half the amount indicated in the 1980 study (Philip R. Berger & Associated Ltd.) in which no significant effects are noted at any distance away from a blast, hence adverse effects (to water quantity or quality) from blasting are not anticipated. A preliminary pre -blast survey and blast monitoring plan has been developed and submitted to the NBDELG under separate cover. 4.3 Potential Effects to Groundwater Quantity and Quality due to Climate Change An important consideration for groundwater and surface water (and the overall water cycle) are the potential effects of climate change. Climate change can affect the water cycle in a number of ways, including but not limited to: • Changes in precipitation. • Changes in temperature. Sea -level rise and changes in the location/position of the freshwater/saltwater interface in coastal environments. Decreases in precipitation can cause: reduced recharge to an aquifer and a potential reduction in groundwater water levels and supply, and reduced baseflow to surface water features. In contrast, increases in precipitation can result in: potential increases in recharge to an aquifer and increased water supply, and potential increases in baseflow to surface water features (e.g. wetlands and watercourses). Increases in temperature can affect the amount and type of precipitation (rainfall versus snowfall) and increased rates of transpiration and evapotranspiration. Decreases in temperature would be expected to have the opposite effect. GEMTEC I...efteir tu: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin 7 F"irojec : 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) 315 Changes in temperature, recharge, frequency and severity of storm events and coastal erosion can affect the location/position of the freshwater/saltwater interface in coastal environments. According to OURANOS (2016), climate projections for New Brunswick including the Saint John area, show an increase in mean temperature over all seasons for the time horizons that were assessed as part of the study (2020, 2050 and 2080). Increases in temperature are expected to vary seasonally and be greater in the winter months. For Saint John, the number of hot days projected for 2080 is anticipated to increase by five to 20 days (+5 to +20), which is less than that predicted for the other regions of New Brunswick assessed in the study. Predictions for precipitation were found to be less reliable than temperature based on the data assessed; however, precipitation is expected to increase overtime, with increased accumulation of rain and snow in the winter and spring. An increase in precipitation was also predicted by the model used by OURANOS for summer and fall; however, the model consensus was weaker. In a study completed in 2015 (Lemieux et al., 2015), the authors modelled the worse -case scenario using decreases in groundwater recharge over time (from 220 mm/yr in 2013 to 151 mm/yr in 2040) and found that the decrease in recharge did not have a significant impact on the position/depth of the water table or the position of the salt -water interface (discussed below). In another climate change study (R.J. Daigle Enviro, 2017), sea -level rise was assessed for New Brunswick. Based on a projected increase of global sea levels by 1.65 metre by 2100, the authors concluded that the winter sea ice season in the Gulf of Saint Lawrence will shorten, and by 2040- 2050, winter ice will no longer develop in this region. The author suggests that by losing the buffering capacity of the sea ice from ocean waves during storm events, coastal erosion rates will increase and there will be more extensive damage to coastal wetlands and other coastal ecosystems. In Lemieux et al., 2015, with regard to the advancement of the seawater -freshwater interface landward, the most important factors were found to be (in order of importance): sea - level rise, decreases in groundwater recharge and coastal erosion. Based on the model predictions for Saint John, recharge rates would be expected to increase over time, resulting in potential increases in groundwater levels and supply. However, as temperatures increase, so will rates of transpiration and evapotranspiration, which would result in additional water lost to the atmosphere, before it can reach the water table. Nonetheless, based on the conclusions of the Lemieux et al., 2015 study in which the worst-case conditions were accessed (reduced recharge) and it was found that groundwater levels did not change, with the New Brunswick model predicting increases in recharge, the net effect is expected to be a positive effect or at least a null effect. GEMTEC I...efteir tu: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin F"irojec : 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) 316 Based on the following, the likelihood of quarry -related impacts discussed above to potable groundwater supplies in the neighbouring residential development, as well as local surface water resources is considered to be low: Based on the significant separation distance (i.e., minimum 400 m) and their hydrogeological location with respect to the Site, the groundwater supplies in the three neighbouring residential development area are not expected to be affected by potential changes in groundwater quality or quantity underlying the Project area. As water removed from the clay pit will be placed into a sedimentation pond during extraction events as required and re-released to Mill Creek after settlement or treatment, significant changes to the water level in Mill Creek are not anticipated. In addition, sequential removal and restoration efforts are expected to minimize any changes in localized levels and/or water level changes in Mill Creek. By implementing the mitigation measures identified in the EIA Registration document, potential effects to surface water quality downstream of the Clay PDA and Quarry PDA due to Project activities (i.e., use of heavy equipment containing petroleum hydrocarbons and blasting chemicals (if used), clay extraction and accidental overtopping of the sedimentation pond) will be reduced and are not expected to be significant. A pre -blast survey and blast monitoring plan will be implemented. As the overall drainage patterns are not expected to change and will continue to flow from the upland areas to the Mill Creek Valley, significant changes in the quantity and frequency of water and nutrient inputs into Mill Creek, and its tributaries are not expected. Adverse effects (to water quantity or quality) from blasting are not anticipated based on the distance to the nearby residential wells and the peak velocity allowed in New Brunswick Regulation 89-108. With the New Brunswick climate model predicting increases in recharge, the net effect to groundwater levels and supply is expected to be either positive effect or at least a null effect. GEMTEC 1911 FA I....efteir au: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin 9 F:"iroject 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) A significant residual effect is defined as a permanent, uncompensated loss of the regulated wetland as a result of the project. Although the Project will result in a direct loss of wetland habitat within the Clay PDA, it will be compensated at a 2:1 ratio, therefore, a significant residual effect is not expected. Groundwater monitoring wells should be installed in-between the proposed quarry and clay pit development areas and the nearby potable wells. Measurement of water levels and groundwater chemistry should be completed prior to the start of quarrying activities and completed periodically throughout the completion of the Project/during operation of the quarry. Additionally, water levels, flow and water quality within Mill Creek, should be measured before, during and after blasting events. A residential well survey is also recommended to be completed prior to the commencement of intrusive Project activities (i.e., prior to starting clay removal or quarrying activities) to establish baseline conditions. The residential well survey should involve measurement of water levels and water quality in residential wells west of the clay pit area (i.e., Residential Area 2 near Old Quarry Road) and in Residential Area 1 along Acamac Backland Road. Sampling/water level monitoring should also be completed in the residential wells periodically during operation of the quarry and clay pit. These along with other measures area detailed in the preliminary pre -blast survey and blast monitoring plan. Additionally, measurement of water levels, flows and surface water chemistry should be completed prior to the start of quarrying activities in the Quarry PDA and completed periodically throughout the completion of the Project (particularly before, during and after blasting events) within Mill Creek and its tributaries within the PDA. Also water levels within the wetland area and surface water features in the Clay PDA should be measured prior to commencing clay removal. This can be completed by installing monitoring wells and piezometers within and/or immediately adjacent to the wetland area. On-going measurements of stream flows and water quality should be completed during clay extraction and between clay extraction events over the operational period. GEMTEC 191F-11 I....efteir au: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin 10 F:"iroject 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) fil�•., f GEMTEC trusts that this letter report meets your needs at this time. The report was written by Abigail Garnett, M.Sc.Eng., P.Eng. and reviewed by Carolyn Anstey Moore, M.Sc., P.Geo. If you have comments or questions regarding the contents of this desktop assessment, please do not hesitate to contact the undersigned. C/, Abigail Gar tt, M.Sc.Eng., P.Eng. Senior Environmental Engineer/Hydrogeologist AJG/CAM Carolyn Anstey Moore, M.Sc., P.Geo Senior Environmental Scientist \\223.254.254.4\saint john\files\9000\9042.27\environmental impact assessment (eia)\hydrogeological desktop assessment\9042.27 -desktop assessment -discussion of effects to groundwater and surface water quantity and q ual ity_d raft. docx GEMTEC 191i�7 I....efteir au: IF::u i ndy IRegof n 11 SeirOce Coirnrwflssioin F:"iroject 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) f f � Alley, W.M. 2009. Groundwater Recharge. Encyclopedia of Inland Waters, 2009. GEMTEC Consulting Engineers and Scientists Limited (GEMTEC). 2019. Regulator Draft Report, Environmental Impact Assessment, Registration Document, Crane Mountain Landfill Clay Source Development, Saint John, New Brunswick. GEMTEC Project: 9047.27-R01. February 1, 2019. Health Canada (HC). 2017. Guidelines for Canadian Drinking water Quality — Summary Table. Water and Air Quality Bureau, Healthy Environments and Consumer Safety Branch, Health Canada, Ottawa, Ontario. Lemieux, J -M., Hassaoui, J., Molson, J., Therrien, R., Therrien P., Chouteau, M., and Ouellet, M. 2015. Simulating the impact of climate change on the groundwater resources of the Magdalen Islands, Quebec, Canada. Journal of Hydrology: Regional Studies 3 (2015) 400-423. New Brunswick Department of Environment (NBDE). 2008. New Brunswick Groundwater Chemistry Atlas: 1994-2007. Sciences and Reporting Branch, Sciences and Planning Division, Environmental Reporting Series T2008-01, 31 p. New Brunswick Department of Environment and Local Government (NBDELG).2014. Sand and Gravel Pit Guideline, Effective: August 2014. New Brunswick Regulation 89-108 under the Municipalities Act (O.C. 89-606). OURANOS. 2016. Future Climate Scenarios, Province of New Brunswick. Report Prepared for the New Brunswick Government. January 2016. Philip R. Berger & Associates Inc. 1980. Survey of Blasting Effects on Ground Water Supplies in Appalachia, Prepared for United States Department of Interior Bureau of Mines (Contract No. J- 0285029), November, 1980. Plan SJ. Undated. Part 12: Industrial Zones — Section 12.4, Pit and Quarry (PQ) Zone. Rampton, V.N. 1984. Generalized surficial geology map of New Brunswick Department of Natural Resources and Energy, Minerals, Policy and Planning Division, NR -8 (scale: 1:500,000). R.J. Daigle Enviro. 2017. Sea -Level Rise and Flooding Estimates for New Brunswick Coastal Sections 2017. Based on I PCC 5th Assessment Report. October 2017. U.S. Geological Survey (USGSa). 1999. Sustainability of Ground -Water Resources. U.S. Geological Survey Circular 1186. Denver, Colorado, 1999. GEMTEC I...efteir tu: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin 12 F"irojec : 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) 320 USGSb. Undated. Interaction of Ground Water and Surface Water in Different Landscapes. Accessed online, September, 2019. <pubs.usgs.gov/circ/circll39/pdf/partlbb.pdf>. White, C.E. and Barr, S.M. Geology of the Grand Bay Area (NTS 21 G/08b) Saint John and Kings Counties, New Brunswick, New Brunswick Department of Natural Resources and Energy, Minerals and Energy Division, Plate 2001-37 (revised 2014). GEMTEC 321 I....efteir au: IF::u Indy IRegoin 11 SeirOce Coirnrwflssioin 13 F:"iroject 9042.27 11.... 1 (Septeirnnlbeir 20, 2 19) ATTACHMENTS Figure 1 — Project Development Area Figure 2 — Local and Regional Groundwater Flow I efteir tu: F::u indy IReggoina11 SeirOce Coirnirnissioin 14 F:Iiroject 9042.27 11....01 (Septeirnbeir 20, 2019) 19YA From: mary milander [mailo:ma milander hat ail.co ] Sent: September -17-19 4:34 PM To: External - CommonClerk Subject: I object to rezoning 348 Acamac Backland Rd. Subject: I object to rezoning 348 Acamac Backland Rd. To: Jonathan Taylor, Common Clerk Saint John Common Council As a citizen of Saint John, I hope Council will not be impressed by any miniscule savings achieved by siting a clay pit and quarry on Acamac Backland Rd. to serve the needs of the Saint John Regional Landfill just across the highway from it. In fact the digging and disturbance at such a clay pit and quarry at 348 Acamac Backland Rd. would likely cause wells to fail in this populated area, leading to the necessity of bringing a water main and extending city water lines to the communities from South Bay to Martinon. Take a drive over there, down side road upon side road, back road upon back road, and you will surely conclude that laying water lines, at a probable cost in the tens of millions of dollars to service those communities, would be far more expensive than siting the clay pit and quarry appropriately distant from populated communities and their wells. In addition, any failure of the Acamac, Ketepec, Belmont, and Martinon wells would also open the City of Saint John to a risk of a class action law suit similar to the $60 million suit from West Saint John residents for the multitudes of problems from the three new West Side wells, problems which might not have occurred if the city hadn't taken shortcuts to "save" money. So, Council should not always be swayed by consultants' promises of "saving the taxpayers' money." Another sobering thought is this: If the city were required to extend the water lines beyond South Bay into the communities of Acamac, Ketepec, Belmont, and Martinon, from what source would the water come? Water levels in the three West Side wells are falling and can only service part of the West Side. The Loch Lomond system will already be challenged by the addition of half of the West Side. How about Spruce Lake, with its abundant water supply? Oh, I forgot —that's for Coleson Cove Generating Station and more, for Irving Pulp Mill and... ? It's off limits for Saint John residents, a protected area FOR WHOM? In conclusion, I oppose rezoning 348 Acamac Backland Rd. As my mom would say, "Leave it be!" Mary Milander 705 Dunn Ave. Saint John, NB E2M 2X9 (formerly of Acamac Backland Rd. / Crane Mtn. Rd.) KYI&I From: Kelly Galbraith [mailto:ellygalraitl mail,coml Sent: September -17-19 4:22 PM To: External - CommonClerk Subject: Response to Acamac Backland Road Jonathan Taylor Office of the Common Clerk Saint John City Hall, Saint John, New Brunswick Dear Mr. Taylor: I am writing to express my concern about the recent proposal to Rezone 348 Acamac Backland Road from a Designated Park and Natural Area to a Rural Resource Area. As a homeowner in the area, I fear that the development of a pit and quarry on a portion of this property will harm the aquifer that supplies the supply of fresh well water upon which I, and my neighbours, rely. Such damage would be irreparable, would make it very difficult to continue to live here, and would significantly decrease the value of our homes. I therefore request that the rezoning proposal be refused, and that a site that does not threaten anyone's water supply be chosen. Sincerely yours Kelly Galbraith, 70 Clark Road No. 1, Saint John NB 19YU Tibbits, Kelly From: Taylor, Jonathan on behalf of External - CommonClerk Sent: September -17-19 3:07 PM To: Tibbits, Kelly Subject: FW: Rezoning of 348 Acamac Backland Road Attachments: Objection re Backland Rd.pdf From: Roy & Doris Hobson [MftMfaN. Sent: September -17-19 3:05 PM To: External - CommonClerk Subject: Rezoning of 348 Acamac Backland Road Jonathan Taylor, Please submit our signed objection (attached) to the proposed rezoning of 348 Acamac Backland Road. We are concerned about the multiple impacts on residents of our community, but especially of disrupting the existing wetland that is necessary to protect residents from leachate from Crane Mountain Landfill and general protection of the very large groundwater system that supplies all our residential water. Roy aiid DorisDobson 71 Acamac Beach Road Saint John, NB E2M 6A2 1 327 Saying NO to Proposed Municipal Plan Amendment Postage 348 ACAMAC BACKLAND ROAD Stamp Necessary Office of the Common Clerk Attn: .1onathan 1a) lor C11) Hall 15 Market Square Saint John. NB E2L. I L8 U14/0", da g/ 5 6 /1 All (4rxl�rl 1 11111 _111,1111 d ENV 11111AVIS If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can Check "NO", print your address, sign this form and mail it ft,- fore Sep ter"I/I 1"w""', 18, 2019 E -ma H Jonathan Taylor with your objections a no comments. i i e s; a i i i,,,) 11, 1 Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd NO I do not want this development in my neighbourhood ADDRESS: j L 01-11 NAME SIGNATURE(S): 5 From: Marlene Abbott[mai Ito: marlene.abbott(dgmail.com] Sent: September -17-19 1:41 PM To: External - CommonClerk Subject: NO to rezoning 348 Acamac Backland Rd We are submitting this as our written objection to the proposed amendment to rezone 348 Acamac Backland Rd. as it will allow for the development of an aggregate quarry and extraction of clay from a registered wetland. We do not want this development in our neighbourhood which, through Plan SJ, has been designated a "historic rural community". There is nothing about a project that would disturb a registered wetland and blasting in an aggregate quarry that would "support the existing character and vitality" and the "rural lifestyle" of the area. As a "host" community of the landfill, land owners were assured the wetland which buffers our wells from the landfill would be preserved. This proposed development flies in the face of that assurance. Crane Mountain Landfill, or regional dump site, is built on the recharge aquifer for our wells which are down gradient. The wetland area of the proposed clay extraction is the first line of defense against contaminated runoff from the Landfill which is getting likelier as "century storms" are occurring with greater regularity. Beyond perceived cost savings on clay for liners, the City cannot expect that the residents of this area can support a development which will contribute to noise and air pollution from blasting, and living under the threat of cracks in the foundations of our homes or losing our wells. The argument is the blasting and clay extraction will be conducted only as needed with low or minimal impact - on what, on who? Even low or minimal impact to someone who lives with respiratory ailments can be life threatening. Losing a well and having no potable water source will be permanent and how do you sell the asset you've spent a lifetime building? Who wants to play with those odds? We don't. The Mayor in a TJ article on the subject suggests the citizens of this area don't understand the project well enough. Living with the threat of contaminated wells since Crane Mountain Landfill was established, we understand the issue very well. It's very basic: human beings cannot live without water or air, and we respectfully request this proposed amendment to rezone this parcel of land be denied and no further development other than what is proposed in Plan SJ be considered in this historic rural community. Sincerely Marlene A. Abbott Geraldine A. Abbott 23 Westmount Rd, Saint John, NB 19NO.1 -----Original Message ----- From: Tara Green [milto:bubbapbyao.cal Sent: September -18-19 1:41 PM To: External - CommonClerk Subject: No to rezoning Acamac backland To Jonathon Taylor I didn't receive my notice about the rezoning of the Acamac backland road. I object to this expansion of crane mountain and are concerned about the wetland area and natural habitat of eagles, ducks,deer etc My family hike that area and fish the ponds and streams . The blasting will affect our home and enjoyment of our home and yard. Thank you for your attention to this matter Tara Green 3 ByRoad 3 Saint John E2M6G6 [tide] From: Charlene Williams [mailto:chariene willinmrzrnh Sent: September-18-19 1:44 PM To: External - CommonClerk Subject: Rezone 348 Acamac Backland Rd I vote NO to this Charlene Williams 11 Byroad 3 Saint John NB E2M 6G6 506-757-1185 331 Tibbits, Kelly From: Taylor, Jonathan onbehalf ofExternal -[onnmunOenk Sent: Septennbep16-19220PK4 To: Tlbbits, Kelly Subject: FW: Objection to rezoning 348 8ack|and Road Attachments: Document REZONING Fina|.pdf From: Tom Simpson Sent: September -16-19 2:02 PM To: External -CommonOedx Cc: Dale Kilpatrick; 'Ed Rosy';Jane Tunney; 'Jim Stubbs'; ]on Bidgood; Kevin Robertson; Marlene Abbott; Patti Chisholm; Peter Furness; 'Roberta Lee' Subject: Objection torezoning ]48Back|and Road Attention : Common Clerk, Jonathan Taylor The attachment to this email is a document that includes a cover sheet plus two pages that list, in bullet form, our reasons for opposing the rezoning of 348 Acamac Backland Road. bmitted by Thomas Simpson — Chairperson, Crane Mountain Enhancement Inc. Please acknowledge receipt. 1 Objections to Saint John Common Council Amendment to the Municipal �: • '•.• in order to facilitate Project #1515 Fundy Regional Service M • _ 11• _ , Crane Mountain Enhancement, Inc. (CMEI) Is OPPOSED to the REZONING of 348 Acamac Backland Road in order to allow the disruption of a wetland and the use of a quarry on that property. (This citizen's committee was formed by Order in Council when the Crane Mountain Landfill was sited in the aquifer for 1000 wells in the downgradient community of citizens of the city of Saint John from South Bay through Martinon.) FAULTY PREMISE OF THE PROJECT Marine clay being merely "historically difficult" to obtain does not justify the disruption of a wetland in light of the importance of wetlands at this time of climate change. Marine clay is not "vital" to the landfill because there are many other kinds of landfill liners, some of which are superior to and less costly than a marine clay liner. • Other types of liners are being used at New Brunswick landfills and have received approval by the Department of the Environment. RISKS TO THE ENVIRONMENT • This watershed acts as the buffer between the landfill and our community. • The numerical model of this area shows that projected flow path of contaminants leaking from the landfill goes directly through this wetland. The trees and vegetation in this watershed protect our community from the increasingly heavy volumes of rain we are experiencing due to climate change. RISKS TO OUR COMMUNITY • Blasting from the quarry—even intermittent blasting—can crack foundations of homes and cause wells to go dry. Because of this project, taxpaying Saint John citizens in this community will face risks to their homes, their wells, their air quality, their quality of life, as well as their property values. RISKS TO THE CITY OF SAINT JOHN Plan Saint John --which was written to "inform city decision making" and "guide land use decisions"-- designates the "historic rural community" of Martinon to Ketepec as one of two Rural Settlement Areas. Under this special designation, all zoning decisions must "support the existing character and vitality" and the "rural lifestyle" of the area. • Plan Saint John's Environmental Vision is to "preserve and protect our natural areas." • If --despite these provisions of Plan Saint John --the Common Council votes to rezone this property, the City of Saint John will be endorsing the Project and thus will be responsible for the welfare of this Rural Settlement Area and its citizens—ethically and financially. Page 1 of 2 Although several other municipalities use the Crane Mountain landfill, the City of Saint John would again be agreeing to bear the burden of the environmental, human and financial risks of the landfill if they permit this rezoning. FINANCIAL RISKS OF THE PROJECT • The FRSC has claimed that large savings --$10 million? $16 million? will result from this Project. Some Councilors might believe these claims and act on them. • However, even if financial details are added to the EIA, the figures should be carefully and critically scrutinized to note the uncertainty of the claims. • The cost of mitigation measures cannot be predicted. The EIA records numerous potential adverse effects of the Project and pledges particular mitigation measures. • Therefore, these financial claims should be disregarded. This risky (and unnecessary) Project could be financially disastrous for the City. Page 2 of 2 K19f+91 From: gecghur1ey(&nb.svrnDatico.ca [mai Ito: echu r1gy@nnb. sympatico. cal Sent: September -12-19 11:40 AM To: External - CommonClerk Subject: objection to rezoning Acarnac Backland Road I am adamantly against the proposal to rezone the Backland Rd. People in this area have suffered and been ignored enough. THIS MUST, AND IS GOING TO STOP. Ernest Churley 85 Belmont Rd Saint J ohn, N.B. 738-1992 19191-1 From: gndsmith@aliant [maflto-nds�mith n�bnet.n�bca] Sent: September -12-19 3:18 PIVI To: External - CornmonClerk Subject: ATTN: JONATHAN TAYLOR - REZONE 348 ACAMAC BACKLAND RD. MR TAYLOR My family have lived on the Westfield Rd for over 60 years. We are strongly opposed the plans to REZONE 348 Backland Rd. We are slowly losing what natural area the we have enjoyed for those 60 years, and oppose the noise and health hazards of an aggregate quarry in our neighborhood! Sincerely Greg and Debbie Smith 2810 Westfield Rd Saint John NB E2M 6R5 1919YA To: Saint John Mayor, Don Darling Saint John Deputy Mayor, Shirley McAlary Saint John Ward I Councillor, Blake Armstrong Saint John Ward 1 Councillor, Greg J. Norton From: Martinon Yacht Club, 2 Essex Street CC: Jonathan Taylor, Common Clerk Mr Mayor, Madam Deputy Mayor and Councillors, We are very concerned about the potential for the removal of clay from the Acamac Road area and the establishment of a stone quarry in this area that would be created following the rezoning as identified by this link: https://wmN,saintiohn.ca/en/home/newMASublicnotices/cgo2fflMpilyzg!gpniaglg[gggqgdzMgnigipgLpIan® —/P amendment-348-acamaq:back1.aspx It is our understanding that removal of the clay will first require removal of the wetland in this area. At the time that the Dump was established, this wetland was identified as a protection for the residents along Westfield Road and in the neighbourhoods from Martinon to South Bay. The wetland serves as a potential sponge in the event of any leachate spill from the Dump. In addition, any blasting that occurs once a quarry is established could seriously impact the aquifers that supply water to all the wells in this area. The Martinon Yacht Club has around 250 members with a wide demographic. Our club house is in the area that could be affected by this project and over 50 members also live in this area. Please be advised that we do NOT consent to this rezoning and strongly urge the Saint John Council to refuse the rezoning application. Yours Sincerely, Executive of the Martinon Yacht Club 19191-13 To: Saint John Mayor, Don Darling Saint John Deputy Mayor, Shirley McAlary Saint John Ward 1 Councillor, Blake Armstrong Saint John Ward 1 Councillor, Greg J. Norton From: Caroline and John Doubt, 14 Cardinal Lane Mr Mayor, Madam Deputy Mayor and Councillors, We are very concerned about the potential for the removal of clay from the Acamac Road area and the establishment of a stone quarry in this area, that would be created following the rezoning as identified by this link: M . • w:'• ♦ • M lit '0jr • M. M . amendment-348-acamag:backi.asRx It is our understanding that removal of the clay will first require removal of the wetland in this area. At the time that the Dump was established, this wetland was identified as a protection for the residents along Westfield Road and in the neighbourhoods from Martinon to South Bay. The wetland serves as a potential sponge in the event of any leachate spill from the Dump. In addition, any blasting that occurs once a quarry is established could seriously impact the aquifers that supply water to all the wells in this area. Please be advised that we do NOT consent to this rezoning and strongly urge the Saint John Council to refuse the rezoning application. Yours, Caroline Doubt John Doubt [ticle.] From: Charlotte Roberts [m ilto:marc.or nb.sy p bco.cal Sent: September -11-19 9:16 AM To: Darling, Don; McAlary, Shirley; Armstrong, Blake; Norton, Greg Subject: REZONING To: Saint John Mayor, Don Darling Saint John Deputy Mayor, Shirley McAlary Saint John Ward 1 Councillor, Blake Armstrong Saint John Ward 1 Councillor, Greg J. Norton Paul Roberts 1738 Westfield Road Saint John, NB E2M 60 Sirs, I am very concerned about the potential for the removal of clay from the Acamac Road area and the establishment of a stone quarry in this area, that would be created following the rezoning as identified by this link: https://www.saint° ohn.cafenfhomefnews/ ublicnoticesfcommunit - lannin / ro ose-munici al- lan- amendment-348-acamac-backl.asex It is my understanding that removal of the clay will first require removal of the wetland in this area. At the time that the Dump was established, this wetland was identified as a protection for the residents along Westfield Road and in the neighbourhoods from Martinon to South Bay. The wetland serves as a potential sponge in the event of any leachate spill from the Dump. In addition, any blasting that occurs once a quarry is established could seriously impact the aquifers that supply water to all the wells in this area. Blasting can open a vein of water or close a vein, as we depend on our well for our water I am very concerned. Please be advised that I do NOT consent to this rezoning and strongly urge the Saint John Council to refuse the re zoning application. No response from you indicates to me that you are in favour of this rezoning.. Yours, Paul Roberts KtK From: Peter Furness <furntec2(a)Pmailcom> Date: August 27, 2019 at 6:14:38 PM ADT To: "Norton, Gregg <greg.norton@,,sainjf ohn.ca>, <dqn.darlin&& aintJ ohnca>, "Armstrong, gs Blake" <blake.armstrop g@�sainf ghn.ca> Subject: Rezone of Property in Acamae (Martinon Area) for Quarry and Removal of Clay Hello: I do not consent to the rezoning of property for the removal of clay and the establishment of a quarry in Acamac Road area by the Dump. As per this link plan-amendment-348-acamac-backl.qspx Thank you for your time and support in this matter. Regards: Peter Furness 19M I I Proposed Municipal Plan Amendment - 348 Acamac Backland Road I Saint John Page I of 2 &SAINT JOHN �31rqpcpsed Ifounicipal Plan Aiiiienchvient 348 Acainac Backlaii�id Road () A,,,, F,,' r)) () PF1,C)POSED P,I1UN1CNPA1,1,, VIILPIAM AMENDIMHIENI' r, 348 1,K:1,01,1I ROAD I' I h11 N k, ', oy i (I I I I r o' 11 0 11, ( I t y I 1rr F1I "m 1% 4.c, rI r W1 1 I " C, I I d 11 I') t, I (I t I I ^ I' I I I I I r I I I , 11 1, C, v o I I , I1E 11 °'1 1 1,,, : I v�n L, 1 I A :PIF ', 1; i I 111, I I ) v (' I "", to o c I ) 1 11; (I [ , , I �, F ", C, . � ( " I I I r I d I", I s11 8 1 1 ) I P ) I ( I X I I-, � c. I - I v 6 0 1 r" I C) d I I�) A F"'( 'I'mo M"'o porU I, 1, ("6 PH) No' I (r. ,n PaIrk armJ, III Amz; Io R,"w""Tt Re""ource Airva )�,111I,;, ,�,I;j )(,hyp; Fl( -(I,., u11I, t ce, I,r I, I I (jJoh-'I `,,4 I I, N� I I c,6i I III of I iIl)d, I I 111d Vlla�, ur Id A lri?a R Rlm a I 911wr1d111 It will "d 1 c C'I I� I,�, Z,' 1 1, .4m��. -)I ( ww[–:r,'i -Ijmd oil Vionday A"qw5t 19, 29.tli a ihrI I (J-01 11KIE, me(fia I ri(v dries (°c por ve � , I (J�y W Mhfl CI v I A0 saIntjohnxa 342 https://www.saintjohn.ca/en/home/news/publicnotices/community-planning/proposed-mu... 28/08/2019 From: Peter Furness <furntec,2@)yMpiiJ c..o, rn > Sent: September 14, 2019 11:11 AM To: Darling, Don <Qon.DarIjnLhI in hn.ca> I ............... Subject: Rezoning of Acamac Backland Road Land Property Hello I do not consent to the proposed rezoning of P I D IN 0. 0 0 2 8'9 5 9 5 c a ie d a t 348 ,fib cainw,,': Backloancl Road . Agahn I riot conserft a, nd I giveyou ino social licence to proceed vvith ttie rezonh"q.,'I. "r 11, a tv Ik Y o ii Re g a i, -A s,,: P e'te ai 1Fuririess From: Patricia Chisholm [u:E�aflto:p 13is�o8t unD ,ca] Sent: September -16-19 9:38 AM To: External - CommonClerk Subject: Possible rezoning 348 Acamac Backland Road Good morning I am writing to express my opposition to the proposed rezoning of the wetlands behind the Acamac Backland Road in South Bay. As a citizen of the affected community, I have very deep concerns about the proposed work to be done in that area and the very real possibility that it could detrimentally affect the wells of the area of the aquafer supplying water to South Bay/Martinon. When the Crane Mountain landfill was first constructed, we, the citizens of the area, were assured that those wetlands would be a natural filter for the water running from the landfill site towards South Bay/Martinon. And yes, it is true that wetlands do provide that natural filter. So now, over 20 years later, we are being asked to sacrifice that filter for the sake of a more convenient way for the landfill to access clay. That makes no sense and is a breach of the promise made many years ago. A project such as this is not valuable enough to put the wells in the area at a very real risk of contamination. Contaminated wells not only cause major health concerns and costs, it also ensures that no one in the effected area will be able to sell their homes as an unusable water supply will make our properties worthless. Additionally, the proposed blasting and the development of a pit and quarry for aggregate extraction, not only puts the wells of the area at risk but also the foundations of the homeowners in the area. There are many residential properties within a very close distance to the proposed quarry and all of the residents' foundations are at risk of shifting and/or cracking during the blasting process. On behalf of myself and my neighbours, we respectfully request you reject this rezoning request and put the citizens of the area first. Respectfully, Patti Chisholm, BBA 20 Neptune Ave Saint John, NB E2M 61<4 1011 EI From: MacGregor, Rena (ASD -S) [mailto:rena. acgrere orC nbed.n ,cal Sent: September -16-19 10:27 AM To: commonclear sain 'ohn.ca Subject: No, to Proposed Municipal Plan Amendment 348 Acamac Backland Rd Mr. Taylor I wish to express my disagreement for changing the zoning in the area noted above to allow for landfill extraction of mud and rock. This is an area that I frequent often while walking the dog, riding ray ATV, or just to go and sit by a lake to watch the wildlife. It has always been a quiet peaceful place that neighbours our horse. It buffers us from the highway and the landfill. We certainly do not want to hear the daily noise of trucks, big equipment banging or blasting of rock. Just this summer due to someone purchasing a lot of land at the end of the road where you enter off the highway there has been significant noise and so much dust that walking the road is impossible now. Large construction dump trucks traveled the road many times a day, creating so much dust the tree are grey. The road which was covered with rock is now almost bare from the traffic. This area is filled with wildlife, bearer, fox, moose,racoon, birds and much more I'm sure. Rezoning would ruin the natural habitat for these creatures. While the landfill talks the talk about rebuilding what is takes away we all know this is not really possible, yes, they will toss some money to things in the community but no amount can cover the cost of ghat is actually lost. I truly object to the proposed amendment to rezone 348 Acamac Backland Rd. regards, Rena MacGregor KMl lei From: JIM STUBBS [mailto:Lrstubbs@roqers.com11 Sent: September -16-19 9:11 AM To: External - CommonClerk Subject: Rezoning 348 Acamac Backland Road Mayor and Council City of Saint John C/O Common Clerk We are writing this letter in objection to the application for rezoning of property at 348 Acamac Backland Road. The project involves many activities that are a concern to me and my neighbours. Dynamiting to remove aggregate material at the site is a major concern that could have two major affect on our homes. All homes in the surrounding area rely on their own private wells for their water supply. Our homes would be worthless if our water supply was loss because of blasting from the proposed quarry. We also worry about the effects of blasting on our homes foundations. Removal of the aggregate would also include the drilling and crushing of rock. The noise and dust from such activities affecting our quality of life. Another part of this rezoning would result in the removal of 15.8 acres of regulated wetland from the site. Wetlands are natures filter. We need this wetland/filter to be undisturbed so it can act as a buffer between the landfill and down radiant residents in the event there was ever a release from the landfill. Please do not submit our community to further risk from landfill activities. Jim & Beatty Stubbs 2184 Westfield Road, Saint John, N.B. From: Deborah Robichaud [mailto:df,robichau omail.com] Sent: September -12-19 6:02 PM To: External - CommonClerk Subject: Ammendment I am writing to object to the proposed amendment to rezone 348 Acamac Backland Rd from designated Park and Natural Area to Rural Resource Area. I do not want this development in my neighborhood. Debbie Robichaud and Terry Robichaud 50 South Road Martinon Saint John EctVA From: Jerren Smith <° s l ail.co: > Date: September 13, 2019 at 4:11:04 PM ADT To: <Don.Darlin @saint ohn.ca> Subject: Proposed plan amendment 348 Acamac Backland Road Please do not let this happen I have been complaining about the noise and pollution from Shades of Green directly across from my house for years and is falling on def ears , we are already stuck with the dump in our backyard and now they want to push us more with this ! Myself and all neighbours are strongly opposed. Thank you Jerren Smith Westfield Road Resident Ecz1:3 From: Mark Richards [ ilto:mark rich77@ro ers.co ] Sent: September -13-19 6:56 PM To: External - CommonClerk Subject: Rezoning of 348 Acamac Backland Road Saint John Common Clerk Mr Jonathan Taylor I am writing to in with concerns of the rezoning on the Acamac Backland area to allow quarrying to take place. I moved to this community 30 years ago to get away from as much dust and pollutants as possible because of my son's breathing issues. After moving in I found myself and my family in a fight with another business wanting to quarry the same area. I had the same concerns then as I do not. I do not want to have to deal with not being able to breathe because of the dust the quarrying will create. I have COPD and this would truly be a death sentence to me. As well, I am about to be among the retired and will be on a fixed income. We have a well for our water supply. There is the potential for the blasting to create a fracture closing off my vein. I cannot afford to drill another well and without water I have no home. I also to not have the ability to fight the company to claim loss of water. With retiring I want to live out my next few years with a peace I was accustom to while I was working. With blasting, crushing and dust I certainly will not get this and thus I feel my quality of life will be diminished. I do believe a reasonable expectation of quality of life is not much to ask. I did not move to and area with a quarry in it 30 years ago and my financial status will not allow me to move. I must adamantly oppose rezoning for the purpose propose by the Waste Management organization I am not opposing to development but to the type of development that affect my and my families wellbeing and quality of life. This ask to rezone does just that. I ask that you relay to council, on my behalf, that I plead with them to rezoning be denied rezoning. Thank you for your time Acamac Backland Resident Mark Richards 12 Red Bridge land Saint John, NB E2M 6C2 E011 10.1 -----Original Message ----- From: Tunney, Jane (ASD -S) [mailo:°ae.tuney ne.nb.ca Sent: September -14-1910:45 AM To: External - CommonClerk Subject: Rezone 348 Acamac > Wetland destruction and the possibility of aquifer upset are just two reasons why this rezoning is a poor decision. The harvesting of marine clay has now morphed into quarry blasting. Saint John built the Crane Mt. Landfill on land that was always problematic and now empirically evident with a numerical model; fault lines run down to the marina. They run through Martinon. The identified area includes South Bay. Blasting could tamper with the aquifer and the integrity of our wells. With this amendment, a natural buffer is being compromised. Perhaps we underestimated the role of wetlands in the past as nature's sponges, allowing, as we did, for developers to drain and build over them. That was then. This is now. We are Saint John voters, tax payers and we are your community. Do not allow 'designated Park and Natural Area' to be rezoned as 'Rural resource area.' Crane Mt. has other options. If I have no water, what are mine? Is Saint John liable for the 1070 households in the identified area? Thank you. Jane Tunney > Sent from my iPhone Ec 1191 From: Gloria Churley [m4JJ[Lq.gt nac rley,2 -Q@, h -Qt-m-- A ft . c &om Sent: September-14-19 11:07 AM To: External - CommonClerk Subject: rezone Acarnac Backland Rd This is not acceptable to the people of the Westfield Road area. We have been ignored, abandoned, and lied to by the city government as long as I can remember. (up grade of Westfield Road project) eg. This will further devaluate our properties as has the deterioration of our infrastructure due to city negligence. THIS CAN NOT AND WILL NOT HAPPPEN. Gloria Churley 85 Belmont Road. 351 From: Ken Anthony Sent: Septernbep15-191O:14PM To: External 'CornrnonC|erk Subject: Rezoning 348AcarnacBack|andRoad I object to the rezoning of 348 Acamac Backland Road. I feel as a resident of this area that we already shoulder the risk of having the Landfill near us and don't need an added risk of disturbing the wetland. Ken Anthony 92Edgewater Lane Saint John E2&46K8 ----- Original Message -- Fronm:Nadine Noel Sent: Septenmber-16-1911:4OAK4 To: External 'ConnmnnnC|erk Subject: Quarry rezone at348Acan)ac8ack|andRoad Mr. Taylor | would like 10voice nnyopinion nnthe Quarry rezoning. This has been done before. \Nehad heavy traffic and loud noises and our lakes were completely drained ofwater. |twas devastating toour wetlands and wildlife. The fish were are killed and the road was destroyed. It was a disaster. I am sending this as my written objection to the proposed amendment to rezone the AcanmacBack|and I do not want this in my neighbourhood. Thank you, Nadine Noel RM From: liseeva.bonnevie(&gmail.corn [mailto:liseeva.bonnevie('Oamaii.com] Sent: September -16-19 12:51 PM To: External - CommonClerk Subject: NO! NO! NO Jonathan Taylor As a residient of 33 years here at 51 Rideau St Martinon Saint John NB, I strongly oppose this development in my neighbourhood. This will destroy our water, air quality and property value. We have always been treared like 2nd class people here in Martinon, no proper side walks, roads are full of pot holes, snow removal is slow, and we have a dump in our back yards that we can smell and another fear of our wells being compromised. So a Big Fat NO for this development in my back yard so somewhere else. NO NO NO MIRM11 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18$ 2019 E-mail Jonathan Taylor with your objections and comments: cornmonclerk saintiohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. iNO I do not want this development in my neighbourhood. ADDRESS: NAME / SIGNATURE(S): Iq" . �� ►-t -6 o A 5 L M to �l 3 Clrel K�191 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it Ibefore September,18, 18 w E-mail Jonathan Taylor with your objections and comments: cornmonclerks, aintjohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. iso I do not want this development in my neighbourhood. ADDRESS: F' f MIRY NAME J SIGNATURE(S): If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: * Check "NO", print your address, sign this form and mail it before September 18, 2019 * E-mail Jonathan Taylor with your objections and comments: commonc1erkrr)QninfiAhn ca * Attend the scheduled meetings listed on the back of this notice NO I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. I do not want this development in my neighbourhood. ADDRESS: WA, BUFA NAME / SIGNATURE(S): I If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it Ibefore eptember ,t8 19 E-mail Jonathan Taylor with your objections and comments: omrmr oncl rk sai9tjohn.a Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. No I do not want this development in my neighbourhood. NAME / SIGNATURE(S): B&I-13 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2018 E-mail Jonathan Taylor with your objections and comments: commonclerk saint ohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. �} I do not want this development in my neighbourhood. NAME f SIGNATURE(S): 101 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before Septembier 18, 2019 E-mail Jonathan Taylor with your objections and comments: comrnonclerk saintiohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. N0 1 do not want this development in my neighbourhood. ADDRESS: K091 NAME J SIGNATURE(S): u pr`n v Mfs , If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: • Check "NO", print your address, sign this form and mail it before September 18, 2019 • E-mail Jonathan Taylor with your objections and comments: commonclerk(cysaintiohn ca /Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. DD 191: NAME / SIGNATURE(S): NMI Six ii"J! MW< If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2019 E-mail Jonathan Taylor with your objections and comments: commonclerkCcl)gaintio n.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO 1 do not want this development in my neighbourhood. ADDRESS:. NAME % SIGNATURE(S): Z () o 4, r t �r KIM If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before Septeirnbeir 18, 2019 E-mail Jonathan Taylor with your objections and comments: commonclerk cnintiohn.ca Attend the scheduled meetings listed on the back of this notice 1 am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. ADDRESS:, NAME / SIGNATURE(S): i 09MOWnwo r } If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before Septernber 18, 20,19 E-mail Jonathan Taylor with your objections and comments: commonclerksaintnhn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. ADDRESS: ,� K e 6 L�0;h&E 7A- NAME / SIGNATURE(S): If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, fg E-mail Jonathan Taylor with your objections and comments: cornrnonclerlk _saintion.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. ONO I do not want this development in my neighbourhood. DRESS: NAME/ SIGNATURE(S): J QD - 7a f f. 0061 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it Il efoi°e Septennbeir 18„ 2018 E-mail Jonathan Taylor with your objections and comments: commoncler @saintiohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. ADDRESS: NAME / SIGNATURE(S): K11-1.1 Vftat can I do? If yi do not want th ofre Is noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction g' teregl..wet and that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before Septerni.xir 18, 2019 E-mail Jonathan Taylor with your objections and comments: commonclerkliSsaintiohn.ca „Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. NAME f SIGNATURE(S): KUM If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 20,19 E-mail Jonathan Taylor with your objections and comments: commonclerkQsaintiohn,ca Attend the scheduled meetings listed on the back of this notice I am submitting this a my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. :: NQ1 do nt e to ent in my neighbourhood. ADD —. NAME f SIGNATURE(S): oe �X/ L") P7 /�, , /// (,?//� (`3 " i EKK:3 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: * Check "NO", print your address, sign this form and mail it before September 18, 2019 * E-mail Jonathan Taylor with your objections and comments: commonclerl"(@sainfirihn ca * Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. WN0 I do not want this development in my neighbourhood. ADDRI/7,Ljill .SS' - i r? 5 ' k. pV d. NAME / SIGNATURE(S): If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2019 E-mail Jonathan Taylor with your objections and comments: commonclerk saint ohn.ca Attend the scheduled meetings listed on the back of this notice )�NO .65• j,S I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. I do not want this development in my neighbourhood. NAME / SIGNATURE(S): Will I r p If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 20,19 0 E-mail Jonathan Taylor with your objections and comments: commradar � rmt oh , Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. I do not want this development in my neighbourhood. ADDRESS NAME / SIGNATURE(S): 371 ADDRESS: WA NAME / GNAT URE If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "N4", print your address, sign this form and mail it before eptet"ber 18, 2019 E-mail Jonathan Taylor with your objections and comments: comrnonclerk(ssaintjohn ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. - Nd Ido not want this development in my neighbourhood. ADDRESS: KYK] NAME / SIGNATURE(S): I UZZ mie"I'm 0(. J If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2019 E-mail Jonathan Taylor with your objections and comments: cornmonclerk saintjghn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. Bio I do not want this development in my neighbourhood ADDRESS: NAME J SIGNATURE(S): 2— tz Uy CrC—_,Ce^) T- A 1,v ___Th -T ( LAI AJ, � � r S icYALI If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2019 E-mail Jonathan Taylor with your objections and comments: commonclerk ,saintjohn.ca Attend the scheduled meetings listed on the back of this notice (Oe I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. ADDRESS: NAME f SIGNATURE(S): c 4 KYNN If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 20,19 E-mail Jonathan Taylor with your objections and comments: commonclerk _saint; ohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. ADDRESS: KYAR NAME i SIGNATURE(S): t I .... ���- rm120,.10.0.1 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before Septembeir 1, 2019 E-mail Jonathan Taylor with your objections and comments: commoncierkCFhsain�ohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. ADDRESS: ® NAME j SIGNATURE(S): 7P7 L- �' dward r` ry E WAFA UJI Ml Ellro"MMIJ If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2019 E-mail Jonathan Taylor with your objections and comments: corm•mrrmonclerk sainfon.ca Attend the scheduled meetings listed on the back of this notice am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. Bio I do not want this development in my neighbourhood. ADDRESS: _ W1.13 NAME / SI NATURES): 't 0-5 i If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2019 E-mail Jonathan Taylor with your objections and comments: g monclerka saintjo n.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NID I do not want this development in my neighbourhood. ADDRESS- _ � �'� !� � , NAME / SIGNATURE(S): i W061 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2019 E-mail Jonathan Taylor with your objections and comments: commonclerK@-sainfohn.ca L_ Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. Z 191-1191 NAME / SIGNATURE(S): a t &, ry?, 7 fA 1'"Q . . ... ...... "Z 7 04; et . . ...... ... e)" 452-, 191.11 From: Frances Oliver [ ilto:oll ran@ahoo.ca Sent: September -18-19 4:26 PM To: External - CommonClerk Subject: Objection to rezoning of 384 Acamac Backland Road To: Jonathon Taylor Email: co onclerk(cz�,saint'a n.ca From: Frances Oliver, 320 Point Road, Saint John, NB Email: Fol o r ahoo.ca Date: September 18, 2019 SUBJECT: OBJECTION TO PROPOSED MUNICIPAL PLAN AMENDMENT RE: 384 ACAMAC BACKLAND ROAD The motto for the 1967 amalgamation of Saint John was `Amalgamate or Stagnate'. Residents were advised that the foremost authorities/experts had been engaged and politicians were duty bound to follow their advice. After amalgamation Saint John would have the same population as Halifax, at 100,000 and be in a position to compete for desirable projects to benefit City residents. Yikes, that went badly for Saint John given that the same comparable geographic area for Halifax today contains approximately 317,000 people, while Saint John sits at about 67,600! Do we really understand why Halifax has flourished while Saint John has declined? In the late 1990's, the Saint John region looked for a new landfill and the decision makers decided on Crane Mountain. Think about that for a minute... What modern municipality seriously sites a landfill at the top of a mountain, in the middle of a watershed - particularly when their downstream residents must rely on individual wells for drinking water because they are located on solid rock, making any future municipal water system, cost prohibitive? Once again supposedly reliable advice went badly for Saint John. All promises to residents were broken: • Shortly after opening, the investment in the reverse osmosis solution, designed to clean the landfill leachate, was dismantled because it was only designed for one garbage cell to be open at any given time. Crane Mountain had 3 open because there were no monies to close filled cells. The unfathomable solution by Crane Mountain decision makers was to remove the `state of the art' reverse osmosis infrastructure and truck the excess run-off to a Saint John sewer pipe. • At a 2005 meeting, the NB Environment Department representatives stated the approval for allowing a landfill at Crane Mountain was flawed and only received approval because Saint John politicians, at the urging of the Chamber of Commerce, requested same, based on the business case presented to them. • The Chamber of Commerce wanted the Crane Mountain facility because in 1998 they were hoodwinked into believing a flawed business case presented by Crane Mountain proponents (and non SJ residents), which advised that shipping our garbage to Moncton would cost over $70.00 per ton while keeping it at Crane Mountain would cost approximately $50.00 per ton. There was no satisfaction in observing that in 2005 the Saint John Chamber of Commerce businesses were paying more than $120.00 per ton at Crane Mountain, when Moncton businesses were paying $55.00 per ton. Even if it had cost more than the proposed $10.00 per ton shipping cost, Moncton was definitely the better option. Saint John stakeholders lost to a flawed business case, cronyism and outsized egos. • Was any of this foreseeable? Unfortunately, YES. Saint John residents, located in the Crane Mountain impact area, paid for an out -of -province engineering report by Fracflow; in a nutshell the Fracflow report outlined the flawed business case being used by proponents and predicted the ensuing mess — all of it! • The Gemtec engineer Crane Mountain proponents relied on for expertise (business case and setting direction), until the mid -2000s, was found guilty on federal charges related to deliberately discharging pollution into the Petitcodiac River in Moncton in the mid -2000s. • Good project management, with an eye to continuous improvement, requires that a benefits realization exercise be conducted, post project, to ensure projects deliver on what was promised. Permit me to cut to the chase — none of the benefits, promised in the documentation presented for obtaining Crane Mountain approval, have been delivered on. • There have been benefits —just not to Saint John residents. For a number of years, Grand Bay residents benefited from Crane Mountain funding for: Grand Bay's first night celebrations, Grand Bay's rink Zamboni, profits to Grand Bay's hardware store, etc. Why? Because Crane Mountain became such a white elephant for Saint John, that Saint John politicians would not touch anything related to it. This allowed Grand Bay politicians to swoop in and set the landfill benefit rules in their favor, and take what they could - which they did - in spades. It was demoralizing for Saint John residents to watch. To add insult to injury, Saint John's Westfield Road residents watched as Grand Bay residents, who must pay for garbage pick-up, dropped off garbage on the Westfield Road, to obtain free garbage pick-up from Saint John. It has been an enormous drain on Saint John residents, in the Crane Mountain area, to watch over the Crane Mountain landfill in an effort to keep their water and homes safe. 19691 How many battles will Saint John residents take on to protect their homes before they give up and move out of the City? Why not move to a nearby municipality where residential satisfaction is considered paramount? I believe if Saint John politicians want to turn around the fortunes of our City, they need to give more weight to the feedback from impacted residents, over advice from any other faction. This resident does not believe Saint John should rezone 348 Acamac Backland Road, to rural resource area. Yours truly, Frances Oliver Ecfi! -----Original Message ----- From: Anita Hitchcock [mailto:hitchcock.anital@gmaii.com] Sent: September -18-19 8:26 PM To: External - CommonClerk Subject: Acamac Backland refining Jonathan Taylor Hi. I missed the deadline for submitting the form. There really hasn't been sufficient notice for responding. We lead very busy lives. We live at 2200 Westfield Rd and object to this reasoning of wetlands in our neighbourhood. Anita and Tom Hitchcock 191:16'7 From: JIM STUBBS [ ailto:jrstubbs rogers.c ] Sent: September -18-19 11:45 PM To: External - CommonClerk Subject: Rezoning 348 Acamac Backland Road Mayor and Council City of Saint John This letter is to object the proposed rezoning of the property at 348 Acamac Backland Road. Our home on the Westfield Road that my family and I have lived in for the last 44 years was built about 145 years ago by my husbands ancestors. My sons are the 5th generation of his family to live here. The proposed rezoning would allow the removal of aggerate at the property resulting in the drilling, blasting and crushing of rock. The walls of our home are of lath and plaster construction with a rock wall foundation. Our well water is of excellent quality and quantity. am concerned about the effect this activity would have on our home. The rezoning would also allow for the removal of clay from a regulated wetland. This wetland is a buffer between us and the landfill. Please do not support this rezoning. Respectfully, Beatty Stubbs 2184 Westfield Road Saint John ic1:i.1 From: Jenny Godin [mailto:Jennv.ggdLinP1ive.ca] Sent: September -18-19 6:58 PM To: External - CornmonClerk Subject: NO! To the rezoning of 348 Acamac Backland Rd. Hi Jonathan Taylor, I'm submitting this email as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. I do not want this development in my neighbourhood! Sincerely, Jenny Godin 100 Acamac Beach Rd. From: loganpc@rogers.com [mailto:loganpc@rogers.com] Sent: September -19-19 9:29 AM To: External - CommonClerk Subject: Acamac rezoning Common council, I am writing with concern about my elderly mother who lives in Ketepec.i am very upset about the natural watershed and conservation area of the Acamac Backland Road being changed to allow a gravel pit operation. Crane Mt landfill runoff underground seeps down and is filtered in part by this natural area. We have clear, healthy, great tasting well water and no water services from the city. We must see the long term effects. *Please do not allow this change in designation to allow for destructive industry. The truck traffic, blasting and noise is a secondary concern but an important one. Signed, Cynthia ( Clarke,) Logan, who grew up in beautiful Ketepec, daughter of Mrs Eileen Clarke. Ec1:1:] Submission to the Planning Advisory Committee of the City of Saint John regarding an Application to Amend the Municipal Plan Re: 348 Acamac Backland Road Submitted by James Dobbin 2300 Westfield Road, Saint John CONTEXT The application before this Committee relates to the "Crane Mountain Landfill Clay Source Development". The proponent for the proposed development is Fundy Regional Service Commission. The proposed development is a complex one, but the Application to Amend the Municipal Plan which is before this Committee relates to only one step in the whole quest for regulatory approval for it. This submission will be restricted solely to the role of the Committee in this application, that is, to provide advice to Common Council on the proposed amendment to the Municipal Plan. BACKGROUND One component of the proposed development would be to extract clay from the subject property in furtherance of the proponent's landfill operation. The clay is located directly underneath a provincially regulated wetland and adjacent to one or more watercourses. The Municipal Plan has designated the wetland and the watercourses as "Park and Natural Areas" on the City Structure Map and the Future Land Use Map (Schedules A and B to the Municipal Plan respectively.) The Application before this Committee is to amend the Municipal Plan by changing the designation of the wetland from "Park and Natural Area" to "Rural Resource." WHAT THE MUNICIPAL PLAN SAYS The following parts of the Municipal Plan are critical to the Committee's decision as to what advice to give to Common Council. In Policy LU -4, the Municipal Plan sets out very specifically the criteria that must be met for aM change to be made to it. In Policy LU -100, the Municipal Plan sets out the criteria that must exist for Council to consider re -designating any land from Park and Natural Area to Rural Resource. Both of these policies are critical to the decision before the Committee and this presentation will address each in turn. 1ct:10.1 POLICY LU -4 Policy LU -4 and the supporting context for it are set out here 3.2 Future Land Use The Future Land Use map (Schedule B) is a vital component of the Municipal Plan. In order to implement the broad objectives of the Municipal Plan, the Future Land Use map (Schedule B) creates a comprehensive picture of the community, setting out how land in the City should be developed in the future. The Future Land Use map (Schedule B) assigns land use designations to all lands in the City. These designations identify the type and intensity of land use that is appropriate within a given area, and set out a specific policy framework to guide growth and development. The Future Land Use map (Schedule B) and accompanying policies in Chapter 3 represent the legal framework for development. Council shall: Policy L U-4 Not consider changing the designation of lands on the Future Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal: a. Is consistent with the general intent of the Municipal Plan and further advances the City Structure; b. Is necessary by virtue of a lack of supply of quality land already designated in the Municipal Plan to accommodate the development; c. Enhances the community and the quality of life offered to residents of the City; d. Efficiently uses available infrastructure; e. Does not negatively impact the use and enjoyment of adjacent lands and neighbourhoods; f. Is an appropriate use within the land use designation being sought for the property, and the proposal is consistent with the specific policies regulating development in the designation; and g. Adequately addresses and mitigates any significant environmental impacts. Policy LU -4 defines the roadmap that Council must follow when deciding whether or not to amend the Municipal Plan. It sets down seven criteria that must be evaluated on a case by case basis. This submission will now deal with each of those seven criteria. a. Is consistent with the general intent of the Municipal Plan and further advances the City Structure; The general intent of the Municipal Plan is perhaps best captured by 3.7.1 which says: "Lands in the City designated Park and Natural Areas are generally not appropriate for any form of 06I97 development, including resource uses." This is a clear statement of the intent of the Municipal Plan and the proposed amendment cannot be said to be consistent with that statement. Further, the proposed amendment does nothing to advance the City Structure. b. Is necessary by virtue of a lack of supply of quality land already designated in the Municipal Plan to accommodate the development; A review of the Future Land Use Map shows that there is an abundance of land within the City designated as "Rural Resource." In its Environmental Impact Assessment Registration Document submitted to the Province and referenced in the application documents for this process, the proponent argues that there is a shortage of clay that meets its requirements (see pages 7-9). The proponent cites instances where there has been some difficulty in obtaining clay, but in each case cited, it eventually did find enough. The proponent concedes that there is an alternative to clay, but argues that adopting it would be potentially "an expensive and time consuming endeavour." (page 8) The proponent states that: "desktop studies and limited preliminary field reviews were conducted for several potential sources, but these sources were located a significant distance from the Landfill, located on privately held property, or located within or in very close proximity to protected natural areas." (page 8) As to these objections, I submit first, that each day garbage is delivered to the landfill from as far away as St. Martins and Hampton, second, that the land which is the subject of this application is also privately held and third that the subject land is also located within a protected natural area. The conclusion must be that the proponent has not established that there is any lack of quality land already designated in the Municipal Plan to accommodate this proposed development. c. Enhances the community and the quality of life offered to residents of the City; Without question, the loss of a wetland does nothing to enhance my community or the quality of life of any resident of the City of Saint John. d. Efficiently uses available infrastructure; The entire project as proposed requires the creation of new infrastructure, including diversion of existing watercourses, creation of a holding pond, and expansion and improvement of existing roadways to accommodate heavy equipment. It does not efficiently use existing infrastructure. In addition, the proposed route for delivery of material from the site to the landfill requires that loaded dump trucks access Route 177 from the Acamac Backland Road. The Province has designated Route 177 in that location as a controlled access highway. (See NB Regulation 94- 97) e. Does not negatively impact the use and enjoyment of adjacent lands and neighbourhoods; It may be difficult to quantify the negative impact of the loss of a wetland on my neighbourhood but without doubt, it is real. In addition, any failure of the holding pond mechanism has the potential to be devastating on the adjacent watercourses and the owners of land that border on those watercourses downstream. 06% f. Is an appropriate use within the land use designation being sought for the property, and the proposal is consistent with the specific policies regulating development in the designation; A quarry for clay could be an appropriate use within the Rural Resource designation. Policy LU -100 is critical here. Since that policy will be discussed more fully below, I will defer discussion of it until then. g. Adequately addresses and mitigates any significant environmental impacts. The Province is currently reviewing the environmental impact assessment prepared by the proponent although it is my understanding that the submission to the Province is currently incomplete. In the EIA report, the proponent undertook to file a detailed public consultation report (See p. 22) which it has not done to date. The proponent also undertook to complete a follow-up bird survey and to my knowledge, no report of that has been filed. Certainly, the Province has made no decision to date. Clause g requires the City of Saint John to make its own decision as to whether or not that part of the project which relates to the current application to amend the Municipal Plan "adequately addresses and mitigates any significant environmental impacts." Without a complete environmental impact assessment, this application is therefore premature. Even when the environmental impact assessment is complete, the City of Saint John is obligated to come to its own decision on whether or not significant environmental impacts have been addressed and mitigated. That decision must be based on the City's own careful review of the project as proposed and its own standards. Based on these facts, Council cannot make an informed decision as to the environmental impacts of the proposed project. POLICY LU -100 Policy LU -100 and its supporting context are set out below. 3.6.1 Rural Areas General Policies Council may: Policy L U-100 Consider requests to re -designate lands from Park and Natural Area to Rural Resource Area provided that the land does not contain environmentally significant features, a demonstrated potential exists for a resource -related use of the land, and any environmental and/or community quality of life impacts from the proposal can be mitigated to a level deemed acceptable by Council. 3.7.1 Common Land Use Designations Park and Natural Areas 06%, Lands in the City designated Park and Natural Areas are generally not appropriate for any form of development, including resource uses. These lands are intended to form a system of natural areas to help conserve natural ecosystems and include lands designated as park, lands identified as being environmentally sensitive or significant, lands located adjacent to watercourses and lands within the City's protected watersheds, coastlines, and estuarine areas. Council shall: Policy LU -1 10 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 coastlines, 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 Areas designation subject to appropriate standards in the Zoning Bylaw. As noted above, Policy LU -4 sets out criteria that must be met to change any provision of the Municipal Plan. Policy LU -100 is specifically directed to any application to change future land use designation from Park and Natural Area to Rural Resource. The critical wording in Policy LU -100 is "provided that the land does not contain environmentally significant features.." "Environmentally significant features" is not a defined term in the Municipal Plan. The term "environmentally sensitive areas" is defined as "Land and water areas containing natural features or ecological features of sufficient intrinsic significance and value to the community to warrant their long-term protection." Certainly, the Province of New Brunswick considers all wetlands as being deserving of long-term protection. The loss of a wetland in my community is a loss to my community. To be told that the proponent will construct an artificial wetland of twice its size somewhere in the City of Saint John does not mitigate that loss. SUMMARY The role of this Committee is to advise Common Council as to whether or not this proposed Municipal Plan Amendment is "good planning." I believe that this submission has established that the proposal is contrary to the words and intent of the Municipal Plan, is unnecessary, is bad for the environment and is bad for my community. In my submission, the discussion above demonstrates that to amend the Municipal Plan in the requested fashion would be very bad planning and Council should be so advised. From: onestop To: Melanson. Ken; Burgess. Aimee Subject: FW: Municipal Plan Amendment and Rezoning 348 Acamac Backland Road Date: October 11, 2019 12:55:01 PM Paula Hawkins One Stop development Shop Permitting & Inspection Services 10th floor —City Hall Saint John, NB E21_41_1 (506)658-2911 oaula.hawkinsrEDsaintiohn.ca on estopCcDsaintjohn.ca From: Charlotte Roberts [mailto:marcor@nb.sympatico.ca] Sent: October 11, 2019 12:10 PM To: onestop <onestop@saintjohn.ca> Subject: Municipal Plan Amendment and Rezoning 348 Acamac Backland Road Good Day am very concerned about the potential for the removal of clay from the Acamac Backland Road area and the establishment of a stone quarry, that would be created following the rezoning. At the time that the landfill was established, this wetland was identified as a protection for the residents along Westfield Road and in the neighbourhoods from Martinon to South Bay. The wetland serves as a potential sponge in the event of any leachate spill from the landfill. In addition, any blasting that occurs once a quarry is established could seriously impact the aquifers that supply water to all the wells in this area. Blasting can open a vein of water or close a vein. We have never had any issues with our well, since first drilled in 1965. OOZE We have worked a life time to live in peace and quiet at 1738 Westfield Road. This project will total destroy our quality of ig that we have come to enjoy. How many of the employees at Crane Mountain live in this area? It is easy for outsiders to make decisions about our neighbourhood when these projects do not affect their back yard. We will be subject to noise and dust pollution from the blasting and rock crushing, also the influx of animals that live in this project area. I do NOT consent to this rezoning and strongly urge the Saint John Council to refuse the re zoning application. Paul Roberts 738-8062 0111 October 28, 2019 To: the Mayor and Council of the City of Saint John Re: 348 Acamac Backland Road Municipal Plan Amendment Mayor and Councillors, We are writing in opposition to the proposed Municipal Plan amendment and rezoning for property located at 348 Acamac Backland Road. We have reviewed all of the materials supplied by the proponent, Fundy Regional Service Commission and the staff report. We attended the Planning Advisory Committee on October 16. While there are many arguments against this proposal, we will limit our submission here to a few points. First, the proposed amendment to the Municipal Plan is a major one. The staff report states (at p. 9) that the "proposal meets the intent of the Municipal Plan." We would argue that PlanSJ sets out specific "Directions for Growth and Change" including No. 6 which states (in part): "Saint John values and protects its natural environment and ecosystems on land and in water. Saint John:... Establishes linked natural areas that preserve ecological systems, connect between and across land and water, and connect people with nature." This Direction clearly states one of the major thrusts of the Plan and this proposal does not meet that stated intent. Second, the proponent has relied on a claim that clay has been difficult to obtain, but it has not proven that it did anything close to a rigorous search for viable alternatives to the current proposal. It is reasonable to expect that the proponent would have at least issued a request for proposals to help it identify a long term partner for the supply of clay. Its dismissal of other known sources of clay seems too quick and not to have been thought through. To change the Municipal Plan is a major step and one that should not be undertaken if the possibility of a better alternative exists. The proponent has not established that the search for reasonable alternatives has been thorough. Finally, under Policy LU -4 of PlanSJ, Council must not consider changing the designation of lands on the Future Land Use map unless the proposal: "Enhances the community and the quality of life offered to residents of the City." This proposal does nothing to enhance the community that we live in. We take offence at the suggestions made by members of the Planning Advisory Committee that the proponent contribute funds each year to be some form of benefit to our community. It feels a bit like being bought with our own money. This proposal has engendered a great deal of fear and resentment in our community. We live every day under the shadow of the landfill and it is not fair to us to ask us to take on more worry. James and Pamela Dobbin 2300 Westfield Road 061.1 I ' 0 If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: 0 Check "NO", print your address, sign this form and mail it before September °18y, 2018 0 E-mail Jonathan Taylor with your objections and comments: comrnoncleLk saint ohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. WN0 I do not want this development in my neighbourhood. NAME / SIGNATURE(S): V Whatean1do? If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it Ibefore September 18, 20,19 E-mail Jonathan Taylor with your objections and comments: commonclerk(aisaintiohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. ADDRESS: n l A)' 'i _),off,.%✓°, ` NAME / SIGNATURE(S): Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO I do not want this development in my neighbourhood. NAME / SIGNATURE(S): If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2019 E-mail Jonathan Taylor with your objections and comments: commonclerk saint ohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. NO 1 do not want this development in my neighbourhood. ADDRESS: NAME / SIGNATURE(S): 52 r � � t � I Y If you do not want the noise and health hazard of an aggregate quarry in our neighbourhood, or the destruction of a registered wetland that buffers our neighbourhood from the landfill, you can: Check "NO", print your address, sign this form and mail it before September 18, 2818 E-mail Jonathan Taylor with your objections and comments: comrnonclerk saint ohn.ca Attend the scheduled meetings listed on the back of this notice I am submitting this as my written objection to the proposed amendment to rezone 348 Acamac Backland Rd. -; iso I do not want this development in my neighbourhood. ADDRESS: -. NAME / SIGNATURE(S): 061:1 Fundy Regional Service Commission 1A I Commission de Services IV th Regionaux de Fundy October 30, 2019 City of Saint John 15 Market Square PO Box 1971 Saint John NB E21.41_1 PO Box / CP 3032, Grand Bay -Westfield N6 E5K 4V3 .r,������ «, - .,,,,,�„rrrrrrrrr., --- T. 506 738-1212 • F. 506 738-1207 hotline@fundyrecycles.com Reference: Municipal Plan Amendment and Rezoning — 348 Acamac 8ackland Road Dear Mayor and Council, At our meeting on July 26, 2018, the Board of the Fundy Regional Service Commission unanimously approved the motion: ':..the Commission authorize up to $85,000 before taxes to register and complete an ElA for the extraction of clay from a potential property under the protection of an 'Option to Purchase'....” This approval came with the acknowledgement that there is an urgent need to secure materials for the construction of future cells. This will meet the needs of the communities and businesses in the Fundy Region until 2048 as there are no construction materials on site and outside supply has been scarce and has put the Commission at significant risk in the most recent construction projects. The materials available on the property will ensure the continued predictability of costs and superior environmental protection for the landfill. This motion was made understanding that we will need support and approval beyond the EIA and the Commission itself including: 1. Local Permits - The City of Saint John will have to rezone the area to allow for a pit and quarry to operate. 2. Borrowing - Approval by the Municipal Capital Borrowing Board for the financial viability of the project. 3. Community Approval - Individual municipalities and the Local Service Districts will have the opportunity to review the business plan for 45 days and send their vote to the Commission through their members before borrowing can take place. Please understand that the Board does not take the acquisition of this property lightly and would only consider this because of the demonstrated need. Thank you for your consideration of this project and we look forward to the next steps with the communities. ely,, A� Glen Baxter Vice -Chair 0616.1 PROPOSED MUNICIPAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT RE: 348 ACAMAC BACKLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and The City of Saint John Zoning By-law at its regular meeting to be held in the Ludlow Room on Monday, November 4, 2019 at 6:30 p.m., by: 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 on Map 1 below; 2. Redesignate, on Schedule B of the Plan, the same parcels of land, from Park and Natural Area to Rural Resource Area. PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE DE ZONAGE OBJET: 348, CHEMIN ACAMAC BACKLAND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et 1'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle Ludlow le lundi 4 novembre 2019 a 18 h 30, en apportant les modifications suivantes : 1. 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 pare on aire naturelle a secteur de ressources rurales, comme le montre la carte 1 ci-dessous; 2. Modifier la designation, a 1'annexe B du plan, des parcelles de terrain precitee, afire de la faire passer de pare on aire naturelle a secteur de ressources rurales. MAP 1/ CARTE 1 H oN 3. Rezoning a parcel of land, being the private roadway known as Yellow Gate Road, having an area of approximately 1.3 hectares, also identified as a portion of PID Nos. 00289454 and 00289595, from Rural (RU) to Pit and Quarry (PQ) as illustrated on Map 2 below. 4. Rezoning the parcels of land located 348 Acamac Backland Road, having an area of approximately 16.1 hectares, also identified as portions of PID No. 00289595 from Rural (RU) to Pits and Quarry (PQ), as illustrated on Map 2 below. 3. Modifier le zonage d'une parcelle de terrain, le chemin priv6 Yellow Gate, d'une superficie d'environ 1,3 hectare, 6galement identifiee comme faisant partie des NIDs 00289454 et 00289595, de zone rurale (RU) a zone de carrieres et de gravieres (PQ) comme le montre la carte 2 ci-dessous. 4. Modifier le zonage des parcelles de terrain situees au 348 chemin Acamac Backland, d'une superficie d'environ 16,1 hectares, et portant les parties de NID 000289595, de zone rurale (RU) a a zone de carrieres et de gravieres (PQ) comme le montre la carte 2 ci-dessous. MAP 2/ CARTE 2 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 clay and aggregate extraction on a portion of the 1'extraction d'agr6gats et d'argile sur une portion property. de lapropriete. UQ The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 Toute personae int&ress&e pent examiner les projets de modification au bureau du greffier communal ou au bureau du service de la croissance et du d&veloppement communautiare a Photel de ville au 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. Veuillez faire part de vos objections aux projets de modification proposes par &crit a Pattention du soussign& a Photel de ville. Si vous avez besoin des services en fran�ais pour une r&union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658-2862 1119% BY-LAW NUMBER C.P. 106- A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating parcels of land with an area of approximately 5.9 hectares metres located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595 from Park and Natural Area to Rural Resource Area classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcels of land from Park and Natural Area to Rural Resource classification; - 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 ARRETE No C.P. 106- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a edict& cc qui suit : L'arret& concernant le plan municipal de The City of Saint John d&cr&t& le 30 janvier 2012 est modifi& par : 1 la modification de Fannexe A — Structure de la municipalit&, afin de faire passer la d&signation des parcelles de terrain d'une superficie d'environ 5,9 hectares, situ&e au 348, chemin Acamac Backland, et portant des parties de NID 00289595, afin de la faire passer de part ou aire naturelle a secteur de ressources rurales; 2 la modification de 1'annexe B — Utilisation future des sols, afin de faire passer la d&signation de les parcelles de terrain pr&cit&e de part ou aire naturelle a secteur de ressources rurales; - toutes les modifications soot indiqu&es sur les plans ci-joints et font partie du present arret&. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr&sent arret& le 2019, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi&me lecture - Third Reading - Troisi&me lecture - BY-LAW NUMBER C.P. 111- 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- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete cc 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: Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.3 hectares, being the private roadway known as Yellow Gate Road, also identified as a portion of PID Nos. 00289454 and 00289595, from Rural (RU) to Pit and Quarry (PQ). 2. Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning parcels of land having an area of approximately 16.1 hectares, located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595, from Rural (RU) to Pit and Quarry (PQ). - 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 une parcelle de terrain d'une superficie d'environ 1,3 hectares de portion des NIDs 00289454 et 00289595 , connait de Chemin Yellow Gate, de zone rurale (RU) a zone de carrieres et de gravieres (PQ). 2. La modification de 1'annexe «A», Carte de zonage de The City of Saint John, permettant de modifier la designation pour des parcelles de terrain d'une superficie d'environ 16,1 hectares situee au 348, chemin Acamac Backland, et portant les partiees de NID 00289595, de zone rurale (RU) a zone de carrieres et de gravieres (PQ). - toutes les modifications soot 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 - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture COMMON COUNCIL INTERIEUR DU CONSEIL COMMUNAL DE OF THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a d&cr&t& cc qui suit: A By -Law of The City of Saint John Par les pr&sentes, Farret& de The City of entitled "a By -Law Respecting the Procedures of Saint John intitul& « Arret& concernant le the Common Council of The City of Saint John" reglement int&rieur du conseil communal de The enacted on the 29t' day of November, A.D. 2010, is City of Saint John », edict& le 29 novembre 2010, hereby amended as follows: est modifi& comme suit: 1 The following subsection is added 1 Le paragraphe suivant est ajout& immediately following subsection 8.6: imm&diatement apr&s le paragraphe 8.6 : "8.6.1 "In the event that the Common Clerk determines that correspondence and any associated material, addressed to Common Council and delivered to the Common Clerk's office, should be distributed to Members in advance of the distribution of the Council kit, then in such case no Member shall disclose the existence, the substance, or provide a copy of such correspondence and/or material prior to the Council kit in which it/they will be included, being available to the public pursuant to subsection. 8.8" 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 8.6.1 Dans 1'6ventualit& ou le greffier communal ou la greffi&re communale estime que de la correspondance et tout mat&riel connexe adress&s au conseil communal et livr&s au bureau du greffier communal devraient etre distribu&s aux membres avant la distribution de la trousse de documents relative aux r&unions du conseil, aucun membre ne divulgue 1'existence, le contenu ni ne fournit une copie de ladite correspondance ou du mat&riel connexe avant que la trousse de documents relative aux r&unions du conseil dans laquelle ils seront inclus ne soit mise a la disposition du public conform&ment au paragraphe 8.8 » EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le pr&sent arret& le 2019, avec les signatures suivantes : Common Clerk / Greffier communal First Reading - October 21, 2019 Premiere lecture - le 21 octobre 2019 Second Reading - October 21, 2019 Deuxi&me lecture - le 21 octobre 2019 Third Reading - Troisi&me lecture - 1 41 COMMON COUNCIL REPORT M&C No. 201.11..84 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Supplemental: City of Saint John Tourism Accommodation Levy Bylaw OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Phil Ouellette Jacqueline Hamilton John Collin RECOMMENDATION Staff recommend that Common Council: Receive and file this supplemental report. EXECUTIVE SUMMARY On October 2111, Common Council gave first and second reading to the City of Saint John Tourism Accommodation Levy Bylaw, and this supplemental report offers additional insight to support Council in the third reading of the Bylaw. Since submitting the Bylaw for Council's consideration, staff have received supportive feedback from members of the Saint John Hotel Association and also received one concern from a small accommodation operator. STRATEGIC ALIGNMENT Common Council adopted a set of Council Priorities: 2016-2020 in early November 2016, and under the heading of "Growth and Prosperity," the following is stated: "Saint John is recognized by residents and businesses as a positive and supportive city. We grow in a smart way and attract talent, innovation and opportunities so all people can thrive." In addition, Council adopted key performance indicators to evaluate its ability to Grow SJ, including, among others: "Building permit value," "Change in tax base assessment within the City," "Change in population." Finally, Saint John Common Council: adopted the Roadmap for Smart Growth early 2017; adopted the Population Growth Framework in early 2018; and, the initiation of the Neighborhood Plan for the Central Peninsula in late 2019. REPORT Background When City staff first embarked on the development of a new accommodation levy Bylaw for Saint John, the primary objective was to build -off the tremendous success of the volunteer levy that has been in place in our community for the past decade. To facilitate the development of the Bylaw, the City invited SJHA, Discover Saint John and Dillon Consulting to help in formulating appropriate Bylaw language specific to the needs of Saint John, all while attempting to build consistency with the cities of Fredericton and Moncton. Supplemental Feedback One of the facets of the Bylaw that staff outlined to Council on October 2111 was that there is no minimum threshold in the number of accommodation units of an operator. This signifies that all accommodation operators will be eligible under the Bylaw, from those with over 100 accommodation units to those with only one. The City of Saint John should consider using this particular language as it is consistent with the changing nature of the tourism accommodation market. Small operators are garnering larger shares in the broader tourism accommodation market, especially with the rise of AirBnB. City staff intend to approach AirBnB in 2020 to begin negotiations to apply the City's Tourism Accommodation Levy on all AirBnB operators in Saint John. The decision to place no minimum threshold in the number of accommodation units of an operator does signify that some existing Saint John operators, who did not participate in the voluntary levy through Saint John Hotel Association, will now be expected to remit a levy under the proposed Bylaw. One concern was received from one of these existing operators on the administrative burden that this proposed levy would have on their operations. To mitigate concerns on the administrative burden of the proposed Bylaw, staff have committed to the following: • Simplified reporting templates for operators; • Information sessions to familiarize operators of the process to remit levy revenue and standard reporting. UlU] -3 - In addition to the above, the proposed bylaw does allow for some alternative arrangements between the City and operators in the reporting requirements. As indicated in article 9(1) of the Bylaw: "Subject to subsection (2), unless otherwise provided, all operators shall submit to the City, in a form acceptable to the City, a monthly report detailing the tourism accommodation sales and levy collected." The use of "unless otherwise provided" and "in a form acceptable to the City" offers operators an option to seek approval from the City on alternative arrangements in the expectation of monthly reporting. The City is advised to exercise caution in granting too many alternative arrangements, in order to achieve consistency in the Bylaw's implementation. It should also be noted that the intention of the Bylaw is to raise revenue to support "tourism promotion and development," which supports the City's economic growth, but also is intended to directly benefit tourism accommodation operators and the tourism industry. Data collected over the past ten years from the voluntary levy would suggest there is strong linkages between the levy's investment into tourism and the increase in guests at participating accommodation operators. SERVICE AND FINANCIAL OUTCOMES The intended outcomes of the City of Saint John's growth -related efforts and investments are to achieve new levels of employment, population and tax base growth. The City currently invests over $2 million in economic development, including dedicated grants to the three external agencies: Discover Saint John (approximately $1 million/annual Saint John investment); Develop Saint John (approximately $821,000/annual Saint John investment); and, Economic Development Greater Saint John ($475,000 million/annual Saint John investment). In addition, the City houses economic development coordination, population growth, Arts and Culture, and a number of key economic and culture facilities (i.e. Trade and Convention Centre, TD Station, Imperial Theatre, Saint John Arts Centre, Aquatic Centre) within the Growth and Community Development Service Area. C[i16.1 -4 - Initial annual revenue projections have been developed for the new accommodation levy, when accounting for all the assumptions identified within the proposed Bylaw and an assumption of a comparable volume of accommodation occupancy of past years, and the levy is projected to yield anywhere between $400,000 to $600,000 of additional revenue as is currently collected by the voluntary levy (i.e. a total of $1.4 to $1.6 million/annually). INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The development of the Saint John Tourism Accommodation Levy Bylaw was supported by key community partners, including: Paulette Hicks (Saint John Hotel Association), Danielle Timmons (Saint John Hotel Association), Glenda MacLean (Discover Saint John), Victoria Clarke (Discover Saint John), Stephen Stone (Dillon Consulting). In addition, the report was supported by colleagues within the City of Saint John, including Melanie Tompkins (City Manager's Office) and Craig Lavigne (Finance and Administrative Services). Finally, the City of Saint John's Bylaw was informed by the cities of Moncton and Fredericton, who have already recently adopted tourism accommodation levy bylaws. ATTACHMENTS n/a CCK First ea st a Name of Organization/Group (whr lig I )m j Ili Address: Ci T d i stlCode: �, „ personal[Y If you do NOT wish to have your information ABOUTemail) become part of the public record, please check this box. YOUR RFQ EST Topic of Presentation: - ' + ,h�% Le vy Purpose for Presentation (what is the ask of Council); BackgroundInformation: e... F f Signature; P -6a Date: 's THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law relating to a Tourism Accommodation Levy in The City of Saint John By-law Number L.G.-7 An uncertified copy of this By-law is available online CSN Arrete concernant la taxe sur 1'hebergement touristique de The City of Saint John Arrete numero L.G.-7 Une copie non certifiee de 1'arrete est disponible en ligase K TABLE OF CONTENTS TABLES DES MATIERES Section Description Page Article Description Page Recitals 3 Pr&ambule 3 1 Title 3 1 Titre 3 2 Definitions 3 2 Definitions 3 3 Interpretation 4 3 Interpr6tation 4 4 Appointment of By-law 5 4 Nomination des agents 5 enforcement officers charges de 1'ex6cution des arrWs 5 Application of levy 6 5 Application de la taxe 6 6 Collection of levy 6 6 Perception de la taxe 6 7 Separate line item for levy 6 7 Poste distinct indiquant la taxe 6 8 Exemptions 6 8 Exon&rations 6 9 Report on levy 6 9 Rapport sur la taxe 6 10 Remittance of levy 7 10 Remise de la taxe 7 11 Records 7 11 Dossiers 7 12 Calculation of levy 8 12 Calcul de la taxe 8 13 Refund of levy collected in 8 13 Remboursement de la taxe 8 error perdue par erreur 14 Interest 8 14 Int&&s 8 15 Lien 9 15 Privilege 9 16 Enforcement 9 16 Application de 1'arr&6 9 17 Offences 9 17 Infractions 9 18 Administrative penalties 10 18 P&nalit&s administratives 10 19 Effective Date 10 19 Date d'entr6e en vigueur 10 K3 RECITALS WHEREAS local governments may make By- laws pursuant to the Local Governance Act; and WHEREAS the purpose of this By-law is to establish and collect a tourism accommodation levy in The City of Saint John pursuant to section 10 1. 1 of the Local Governance Act; and WHEREAS pursuant to subsection 101.1(8) of the Local Governance Act, the City intends to use the proceeds of the tourism accommodation levy collected under this By-law for tourism promotion and development; PREAMBULE ATTENDU QUE les gouvernements locaux peuvent prendre des arretes en vertu de la Loi sur la gouvernance locale; et ATTENDU QUE 1' obj ectif de cet arrete est d'etablir et de percevoir une taxe sur 1'hebergement touristique dans The City of Saint John, conformement a 1' article 10 1. 1 de la Loi sur la gouvernance locale; et ATTENDU QUE conformement au paragraphe 101.1(8) de la Loi sur la gouvernance locale, la municipalite prevoit d'utiliser les recettes de la taxe sur 1'hebergement touristique per�ues en vertu du present arrete a des fins de promotion et de developpement du tourisme; NOW THEREFORE the Common Council of A CES CAUSES, le conseil communal de The The City of Saint John enacts as follows: City of Saint John edicte : Title 1 This By-law may be cited as the "I ourism Accommodation Levy By-law" (hereinafter the `By-law"). Definitions Titre 1 Le present arrete peut etre cite sous le titre : Arrete concernant la taxe sur l V bergement touristique (ci-apres « 1' arrete »). Definitions 2 The following definitions apply in this By- 2 Les definitions qui suivent s' appliquent au law present arrete. "By-law enforcement officer" means a By-law enforcement officer, a consultant or any other person or entity appointed under this By-law and designated by resolution of Common Council (agent charge de Vexecution des arretes); agent charge de 1'execution des arretes » designe un agent charge de 1' execution des arretes, un consultant ou toute autre personae ou entite nommee conformement au present arrete et designe par resolution par le conseil communal (By-law enforcement officer); "City" means The City of Saint John « municipalite » designe The City of Saint John (municipalite); (City); C! "Common Council" means the elected municipal council of the City (conseil communal); "business day" means a day other than a Saturday, Sunday or statutory holiday in New Brunswick (jour ouvrable); "Levy" means the tourism accommodation levy collected pursuant to this By-law (taxe); "Operator" means a person, partnership or corporation who, in the normal course of its business, sells, offers to sell, provides and offers to provide tourism accommodation in the City (exploitant); and "Tourism Accommodation" means any premises operated to provide, for remuneration, temporary sleeping accommodation for the public for a continuous period not exceeding 31 days, and includes hotels, motels, inns, bed and breakfasts, resorts, hostels, campgrounds consisting of tents, yurts, cabins and trailer sites, buildings owned or operated by a post -secondary institution, any other facility or building which contains rooms offered as accommodations or rental units and dwelling units that are offered as lodgings (hebergement touristique). Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, article and section 111P conseil communal » designe les membres &lus du conseil municipal de la municipalite (Common Council); jour ouvrable» designe une journ&e autre que le samedi, dimanche ou un jour f&ri& au Nouveau -Brunswick (business day); taxe >> designe la taxe sur 1'h6bergement touristique perdue en vertu du present arrete (levy); exploitant » designe une personae, une societe de personnes, une societe qui, dans le cours normal de ses activit&s, vend, offre en vente, fournit et offre de fournir de 1'h6bergement touristique dans la municipalite (operator); et hebergement touristique » designe tout local exploit& en vue d' offrir, contre remuneration, 1'Mbergement temporaire au public pendant une p&riode continue n'exc&dant pas 31 jours et inclut un hotel, un motel, une auberge, un gite touristique, un centre de vill&giature, un camping compos& de teretes, de yourtes, de cabines, d'emplacements pour roulottes, un batiment dont un &tablissement postsecondaire en est le propri&taire ou 1'exploitant, ou tout autre immeuble ou edifice qui contient des chambres offertes a des fins d'h&bergement ou des unit&s de location ou d'habitation offertes a des fins hebergement (tourism accommodation). Interpretation 3 Les r&gles d'interpretation suivantes s'appliquent au present arrete. a) Les titres, intertitres et num&ros des 67 names and numbers appearing in this By- law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other By-laws of the City, the term is intended to include all applicable amendments to those By-laws, including successor By-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable By-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. Appointment of By-law Enforcement Officers 4 Common Council may, for the purposes of the administration and enforcement of this By- law, appoint By-law enforcement officers who may exercise such powers and perform such duties as may be set out in this By-law or the Local Governance Act. HK dispositions ne servent qu'a faciliter la consultation de 1' arrete et ne doivent pas servir a son interpretation. b) Le genre ou le hombre grammaticaux doivent etre adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s' aj outent a celles decoulant d' autres arretes applicables de la municipalite ou des lois et reglements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que cc soit, la decision n'entache en rien la validite de 1'arrete dans son ensemble ni de toute autre disposition. Nomination des agents charges de 1'execution des arretes 4 Le conseil communal peut, pour les fins de 1' administration et de P application du present arrete, nommer des agents charges de 1'execution des arretes charges d' exercer les pouvoirs et remplir les fonctions prevus dans le present arrete ou la Loi sur la gouvernance locale. C.1 Application of Levy 5 A levy of 3.5% of the purchase price of tourism accommodation shall be imposed by operators in the City. Collection of Levy 6 Operators shall collect the levy from the purchaser at the time the tourism accommodation is purchased and shall remit the levy to the City at the times and in the manner set forth in this By- law. Separate Line Item for Levy 7 An operator shall include on every invoice and receipt for the purchase of toursim accommodation a separate line item for the amount of the levy imposed pursuant to section 5. Exemptions 8 The levy shall not apply to: (a) a student who is accommodated in a building owned or operated by a post- secondary educational institution while the student is registered at and attending a post -secondary educational institution; and (b) a person who is accommodated in a room for more than 31 consecutive days. Report on Levy 9(1) Subject to subsection (2), unless otherwise provided, all operators shall submit to the City, in a form acceptable to the City, a monthly report detailing the tourism accommodation sales and levy collected. Application de la taxe 5 Une taxe de 3,5 % du prix d'achat de 1'hebergement touristique est imposee par les exploitants dans la municipalite. Perception de la taxe 6 Les exploitants pergoivent la taxe aupres de l' acheteur au moment de 1' achat de 1'hebergement touristique et ils la remettent a la municipalite au moment et selon les modalites prevus dans le present arrete. Poste distinct indiquant la taxe 7 Un exploitant inclut sur chaque facture et chaque re�u d'achat d'hebergement touristique un poste distinct indiquant le montant de la taxe imposee conformement a Particle 5. Exonerations 8 La taxe ne s'applique pas : a) a un etudiant heberge dans un batiment dont un etablissement d'enseignement postsecondaire en est le proprietaire ou 1'exploitant pendant qu'il frequente un etablissement d' enseignement postsecondaire et qu'il y est inscrit; et b) a une personae hebergee dans une chambre plus de 31 jours consecutifs. Presentation de rapports sur la taxe 9(1) Sous reserve du paragraphe (2), et sauf indication contraire, tous les exploitants presentent A la municipalite, dans un format acceptable pour la municipalite, un rapport mensuel precisant les ventes d'hebergement touristique et la taxe perdue. 9(2) The City may at any time require an 9(2) La municipalite peut en tout temps exiger operator to provide a report of sales and levy d'un exploitant que celui-ci fournisse un rapport HIM collected for any period. 9(3) The report referred to in subsection (1) shall be submitted by an operator for each place of business of that operator, unless the City has agreed that the operator may submit a single consolidated report for all its places of business. 9(4) The report referred to in subsection (1) shall be submitted to the City no later than the 201' day of the month following the month in which the levy was collected by the operator. Remittance of levy 10(1) The levy collected by an operator shall be remitted to the City no later than the last day of the month following the month in which the levy was collected. 10(2) If an operator did not collect any levy during a given month, that operator shall nevertheless submit a report to the City to that effect in a form acceptable to the City. 10(3) Where an operator ceases to carry on or disposes of its business, said operator shall submit the monthly report contemplated at section 9 and remit the levy to the City within 20 business days of the date this operator ceases to carry on or disposes of its business. Records 11(1) An operator shall keep books of account, records and documents sufficient to furnish the City with the necessary particulars of: (a) sales of tourism accommodation, (b) amounts of levy collected, and (c) remittance of levy C1F-11 N des ventes et de la taxe perdue, et ce, pour toute p&riode. 9(3) Le rapport vise au paragraphe 1 est present& par un exploitant pour chaque lieu d'affaires de cet exploitant, sauf si la municipalit& a convenu que 1'exploitant pr&sente un seul rapport consolid& pour tous ses lieux d'affaires. 9(4) Le rapport vis& au paragraphe 1 est pr&sent& a la municipalit& au plus tard le 20e jour du mois suivant le mois ou la taxe a &t& perdue par 1' exploitant. Remise de la taxe 10(1) La taxe perdue par un exploitant est remise A la municipalit& au plus tard le dernier jour du mois suivant le mois au cours duquel la taxe a &t& perdue. 10(2) Si un exploitant n' a perdu aucune taxe au cours d'un mois donne, it pr&sente quand meme un rapport a cet effet a la municipalit& dans un format acceptable pour la municipalit&. 10(3) Lorsqu'un exploitant cesse ses activit&s ou se d&partit de son entreprise, ledit exploitant pr&sente le rapport mensuel vis& a Particle 9 et remet la taxe a la municipalit& dans les 20 jours ouvrables suivant la date ou it cesse ses activit&s ou se d&partit de son entreprise. Dossiers 11(1) Un exploitant tient des livres comptables, dossiers et documents suffisants pour Bonner a la municipalit& les pr&cisions requises au sujet de cc qui suit : a) les ventes d'h&bergement touristique; b) les montants per�us au titre de la taxe; c) la remise de la taxe. 14 11(2) All entries concerning the levy in such books of account, records and documents shall be separate and distinguishable from other entries made therein. 11(3) Every operator shall retain any book of account, record or other document referred to in this section for a minimum period of 6 years following the date on which said documents were created. 11(4) The City may, at any time, inspect and audit all books, records, accounts, transactions and other documents of an operator and require an operator to produce copies of any document or record it deems necessary for the purposes of administering and enforcing this By-law. Calculation of Levy 12 Where an operator sells tourism accommodation in combination with meals and other specialized services in the form of an all- inclusive package, the purchase price of the all- inclusive package shall be deemed to be the purchase price of the tourism accommodation for the purpose of calculating the levy pursuant to section 5 hereof. Refund of Levy Collected in Error 13 If the City is satisfied that an operator has remitted to the City an amount as collected Levy that the operator neither collected nor was required to collect under this By-law, the City shall refund this amount to the operator. Interest 14 Interest is payable to the City on the levy to be collected and remitted under this By-law at the rate of 1.5% per month on all levies not paid on C1i&67 11(2) Toute inscription aff&rente a la taxe faite dans ces livres comptables, dossiers et documents est distincte des autres inscriptions qui y ont &t& faites. 11(3) Chaque exploitant conserve pendant 6 ann&es suivant la date ou les documents ont &t& crew les livres comptables, dossiers et documents vises au present article. 11(4) La municipalit& peut, en tout temps, inspecter et verifier 1'ensemble des livres, dossiers, comptes, operations et autres documents d'un exploitant et exiger que cc dernier produise une copie de tout document ou dossier qu'elle juge n&cessaire a 1'administration et a l' application du present arrete. Calcul de la taxe 12 Lorsqu'un exploitant vend de 1'h6bergement touristique en combinaison avec des repas et autres services specialises sous forme de forfait tout compris, le prix d'achat du forfait tout compris est consider& comme le prix d' achat de 1'h6bergement touristique aux fins du calcul de la taxe conform6ment a 1' article 5. Remboursement de la taxe pergue par erreur 13 Si la municipalit& est convaincue qu'un exploitant a remis a la municipalit& un montant correspondant a une taxe perdue que 1'exploitant n' a ni perdu ni &t& term de percevoir en vertu du pr&sent arret&, la municipalit& rembourse cc montant a 1' exploitant. Int6rets 14 Les int&rets associ&s a tout montant correspondant a la taxe qui n'a pas &t6 remise a la date prescrite soot payables a la municipalit& sur the prescribed date. Lien �67 15 Any levy payable under this By-law and interest thereon owed to the City shall, until they are fully paid, form a lien and charge against the operator's lands, and the City may file with the Land Registry Office a notice to that effect. Enforcement 16(1) By-law enforcement officers are hereby authorized to carry out any inspection necessary for the administration or enforcement of this By- law. 16(2) By-law enforcement officers are hereby authorized to take such actions, exercise such powers and perform such duties as may be set out in this By-law or in the Local Governance Act and as they may deem to be necessary to enforce any provision of this By-law. Offences 17(1) A person who violates any of the provisions of this By-law is guilty of an offence and liable on conviction to a fine of $2,100.00. 17(2) If an offence continues for more than one day, the fine established at subsection (1) shall be multiplied by the number of days during which the offence continues. 11K91 la taxe a etre perdue et remise en vertu du present arrete, a un taux mensuel 1,5 %. Privilege 15 Toute taxe payable en vertu du present arrete et tout interet y afferent du a la municipalite, jusqu'a ce qu'ils soient payes en entier, constituent un privilege et une charge sur les proprietes foncieres de 1'exploitant, et la municipalite peut deposer aupres du bureau d'enregistrement un avis a cet effet. Application de 1'arrete 16(1) Les agents charges de 1' execution des arretes soot autorises a realiser les inspections necessaires a 1'administration et a 1'application du present arrete. 16(2) Les agents charges de 1' execution des arretes soot habilites a prendre les mesures et a exercer les pouvoirs et les fonctions enonces dans le present arrete ou dans la Loi sur la gouvernance locale qu'ils estiment necessaires a 1'application des dispositions du present arrete. Infractions 17(1) Toute personne qui contrevient a Pune des dispositions du present arrete commet une infraction et est passible, sur declaration de culpabilite, a une amende de 2100 $. 17(2) Si une infraction se poursuit plus d'un jour, 1' amende prevue au paragraphe 1 est multipliee par le hombre de jours pendant lesquels l'infraction se poursuit. 10 Administrative Penalties 18(1) The City may require an administrative penalty to be paid with respect to a violation of any provision of this By-law as set out in subsection 18(2). 18(2) A person who violates any provision of this By-law may pay to the City within 30 business days from the date of such violation an administrative penalty of $1500.00, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. Effective Date Penalites administratives 18(1) La municipalite peut exiger qu'une penalite administrative soit payee relativement a une infraction a toute disposition du present arrete, comme prevu au paragraphe 18(2). 18(2) Toute personae qui contrevient a toute disposition du present arrete peut payer a la municipalite dans un Mai de 30 jours ouvrables a compter de la date de ladite infraction, une penalite administrative de 1500 $, et une fois 1' amende payee, la personne n' est plus susceptible de poursuites judiciaires. Date d'entree en vigueur 19 This By-law comes into force and is 19 Le present arrete entre en vigueur et devient effective as of January 1, 2020. executoire le 1' janvier 2020. 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: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2019, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - October 21, 2019 Premiere lecture Second Reading - October 21, 2019 Deuxieme lecture Third Reading - Troisieme lecture - le 21 octobre 2019 - le 21 octobre 2019 Received Date October 29, 2019 Meeting Date November 04, 2019 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Flyer Delivery By -Law Background: Whereby, the City of Saint John and its residents consistently face an onslaught of unsolicited flyers. Whereby, these flyers pollute our driveways, sidewalks, and streets; while impeding snow removal and sidewalk cleaning. Whereby, our stance on climate change demands we take action on reducing our waste. Motion: That Council direct staff to draft a "Flyer Delivery" by-law, with specific focus to an "opt -in" model for residents. Respectfully Submitted, (Received via email) David Hickey Councillor, Ward 3 City of Saint John (P4 - SAINT JOHN ---- ,..---- RO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4LI CPA I u Z�QJ45 I u N N O Q) (O r (O Q) U Q) O N u M M a --J Q) O r Q) (O O C O N O U N Z�QJ45 1 41 COUNCIL REPORT M&C No. 2019-285 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Rightsizing Recreation Facilities: Rainbow Park Ice Surface - Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Tim O'Reilly/ Holly Young Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends that Common Council discontinue the winter ice skating service at Rainbow Park and make the appropriate adjustments to the 2020 General Operating Budget. EXECUTIVE SUMMARY The City of Saint John currently operates a seasonal outdoor skating rink service at Rainbow Park. This service, provided from December — March each year (weather dependent) has been in effect since 2012. Given the City's current sustainability challenges, this report proposes the City no longer provide this winter ice skating service. The reduction in service would result in an estimated savings of $10,000. PREVIOUS RESOLUTION On October 7, 2019, resolved by Council to receive and file M&C 2019-249: Sustainability: Addressing the Deficit 2021-2022. REPORT The Rainbow Park winter ice skating service is being chosen for elimination for the following reasons: The skating oval is too small for a suitable skating facility; usage at this facility is low; the location provides weather challenges (very windy); difficulties 1119191 -2 - operationally in maintaining consistent ice thickness; and given its low priority for snow removal, accumulation of snow on the ice surface breaks down the ice surface. The cost associated with the operation and maintenance of providing this outdoor skating rink service is not sustainable. Should the recommended resolution be adopted, Transportation & Environment Services will discontinue this service effective the 2019/2020 season. Should this service reduction be implemented, communication will be provided to the existing neighbourhood school and to P.U.L.S.E. STRATEGIC ALIGNMENT Supporting Council's Priority to be Fiscally Responsible and will contribute to the Sustainability Initiative included within Rightsizing Recreation Facilities. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). With respect to Vibrant, Safe City, there will be little to no impact. Input through the Central Peninsula Secondary Plan's public engagement for this area included comments for further improvements to Rainbow Park; however, the provision of a seasonal ice surface for this area was not raised. There will be a minor impact on Valued Service Delivery with a reduction in free winter recreation service. This item is 100% feasible, as it is based solely on a decision of Mayor and Council and can be implemented to address the deficit within the timeframe. There will be no investment required to discontinue this service. The estimated reduction is $10,000. The target has been validated with the following annual costs provided by Facilities Management: Operating Cost* 2018 2017 2016 $10,560 $12,419 18,019 * Costs are exclusive of HST 11191 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was provided by Transportation & Environment Services; Growth & Community Development Services; and Finance & Administrative Services. ATTACHMENTS N/A 1119% Appendix: Initiative Criteria Evalutation Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target 0 :➢. 2 3 4 5 If iinanciiall " 'airget Evaluation Notes on Right -sizing Recreation Facilities — Ice Surface at Rainbow Park: • Vibrant, Safe City — No impact, aligns with stakeholder engagement on Neighbourhood Plan • Valued Service Delivery — Minor impact with a reduction in a free winter ice service Note: Evaluated initiatives that fall within the yellow and green areas should be considered to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of November 4, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Right Sizing Recreation Facilities — Ice Surface @ Rainbow Park 4. On -Street Parking Meters Hticj COUNCIL REPORT M&C No. 2019-274 Report Date October 25, 2019 Meeting Date November 04, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Lifeguards — Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. Head City Manager Marc Doucet/ Amy McLennan Michael Hugenholtz John Collin RECOMMENDATION The City Manager recommends that Common Council: Approve the elimination of lifeguard services at the Fisher Lakes beach location, effective January 1, 2020. EXECUTIVE SUMMARY The City of Saint John currently funds lifeguard services seven days a week from late June until Labour Day at four (4) locations: Dominion Park, Lily Lake, Fisher Lakes, and Little River Reservoir beaches. The Canada Games Aquatic Centre (CGAC) has provided these services for multiple contracts in the past, most recently for the 2015 through 2019 seasons. At the request of City staff, the CGAC also quoted contract renewal options for the 2020, 2021, and 2022 seasons, which were presented to Mayor and Council June 17, 2019 as follows: • 2020 season: $170,111.52, plus HST • 2021 season: $173,513.75, plus HST • 2022 season: $176,984.00, plus HST Given the City's sustainability challenges, this report proposes the City no longer provide lifeguard services at the Fisher Lakes beach location, but maintain funding for lifeguarding at the remaining three (3) locations. That reduction in locations would result in the following approximate savings (before HST and HST rebate): • 2020 season: $37,000.00 • 2021 season: $37,000.00 • 2022 season: $38,000.00 The Fisher Lakes location was chosen for elimination, because lifeguarding services will continue to be offered at the nearby Lily Lake beach, a location which has better support facilities in the adjacent building. PREVIOUS RESOLUTIONS On May 21, 2019, Common Council unanimously adopted the following resolution: That as recommended by the City Manager in the submitted report M&C 2019-126: 2019 Lifeguard Service, Common Council authorize the Mayor and Common Clerk execute the 2019 Lifeguard Services contract with the Canada Games Aquatic Centre as attached to M&C 2019-126. On June 17, 2019, Common Council received and filed M&C 2019-147, which was an amendment of M&C 2019-126 to include contract renewals options for the 2020, 2021, and 2022 seasons. On October 7, 2019, it was resolved by Council to receive and file M&C 2019- 249: 'Sustainability: Addressing the Deficit 2021-2022'. REPORT The City of Saint John currently funds lifeguard services seven days a week from late June until Labour Day at four (4) locations: Dominion Park, Lily Lake, Fisher Lakes, and Little River Reservoir beaches. The Fisher Lakes location was chosen for elimination, because lifeguarding services will continue to be offered at the Lily Lake beach location, which is also in Rockwood Park and in close proximity to Fisher Lakes beach. The Lily Lake beach location also has better support facilities in the adjacent building, including changing rooms and washroom facilities. Approach to implementation The costs associated with the lifeguard services at the Fisher Lakes beach location for the 2020, 2021, and 2022 seasons were provided by the CGAC. Should the recommended resolution be adopted, the Parks and Recreation Department will request a Lifeguard Services contract for the upcoming season from the CGAC accordingly, which will be brought forth to Mayor and Council for approval at a later date. The request will also be made to the CGAC to include revised renewal options for the 2021 and 2022 seasons as part of that contract, which reflect the removal of the Fisher Lakes location. 11191'7 Prior to the upcoming beach season, the Parks and Recreation Department will post signage at the Fisher Lakes beach location indicating it is no longer guarded, remove any lifeguarding chairs/equipment from that location, and engage the City of Saint John Communications Department to assist in informing the public of the change. Messaging will encourage the public to swim at the nearby Lily Lake beach location, where lifeguarding services will continue to be offered. STRATEGIC ALIGNMENT The savings realized by reducing the number of lifeguarded locations funded by the City supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe Community; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). There will be a reduction in the availability of guarded swimming locations for the public. This has minor impacts in terms of Council's Priorities of a Vibrant, Safe City and Valued Service Delivery. This item is 100% feasible, as it is based solely on a decision of Mayor and Council and can be implemented to address the deficit within the timeframe. There will be minimal investment requirements associated with implementation. Costs will relate to the production and installation of signage at the Fisher Lakes beach location, as well as any communications carried out to advise the public of the change. All costs will be covered through the annual operating budget. The target has been validated, as the following breakdown of costs was provided to the Parks and Recreation Department by the CGAC on October 18, 2019: *All costs above are before HST and HST rebate. C1Ci-1 2020 2021 2022 Fisher Lakes Location Costs $37,131.38 $37,874.01 $38,631.49 Lily Lake Location Costs $37,131.38 $37,874.00 $38,631.43 Dominion Park Location Costs $39,824.38 $40,620.87 $41,433.29 Little River Reservoir Location Costs $39,824.38 $40,620.87 $41,433.29 General Fixed Costs $16,200.00 $16,524.00 $16,854.50 TOTAL* $170,111.52 $173,513.75 $176,984.00 *All costs above are before HST and HST rebate. C1Ci-1 Adoption of this resolution will result in savings to the general operating budget of approximately $37,000.00 in 2020, $37,000.00 in 2021, and $38,000.00 in 2022 (before HST and HST rebate). The current provider of lifeguard services for the City of Saint John is the CGAC, the operations of which are funded in part by the City in accordance with the Greater Saint John Regional Facilities Commission formula. This reduction in lifeguarding revenue has the potential to negatively impact the overall CGAC budget and increase the annual deficit that is funded through that formula. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input for this report was provided by the staff of the City's Parks and Recreation Department. The City's Risk Manager and the City Solicitor were consulted with regard to risk management. In addition, the Canada Games Aquatic Centre provided the breakdown of costs for lifeguard services, which allowed for the savings by location to be determined. ATTACHMENTS N/A. Appendix: Initiative Criteria Evaluation I Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target 0 :➢. 2 3 4 5 If iinanciiall " 'airget Evaluation Notes on Lifeguards: • Vibrant, Safe City — Minor reduction in the availability of guarded swimming locations for the public; alternative location is in close proximity at Lily Lake Note: Evaluated initiatives that fall within the yellow and green areas should be considered to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of November 4, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Right Sizing Recreation Facilities— Ice Surface @ Rainbow Park 4. On -Street Parking Meters Hcfj COUNCIL REPORT M&C No. 2019-276 Report Date October 25, 2019 Meeting Date November 04, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Passport to Parks — Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. Head City Manager Brad Adams / Amy McLennan Michael Hugenholtz John Collin RECOMMENDATION The City Manager recommends that Common Council: Approve the elimination of funding for the 'Passport to Parks' initiative and make the appropriate adjustments to the 2020 general operating budget. EXECUTIVE SUMMARY The City of Saint John's Parks and Recreation Department organizes free 'Passport to Parks' events at City -owned locations over the summer season. These events include live music, water activities, games, day adventures, etc., and are available free of charge to the public. Given the City's sustainability challenges, this report proposes the City no longer fund the 'Passport to Parks' initiative. This would result in annual savings of $35,000.00, which is a combination of the total in wages paid to sessional staff hired to put on the events and the PlaySJ Recreation Programming Grant included in the general operating budget. PREVIOUS RESOLUTIONS On October 7, 2019, it was resolved by Council to receive and file M&C 2019- 249: 'Sustainability: Addressing the Deficit 2021-2022'. HCR] -2 - REPORT The City of Saint John's 'Passport to Parks' initiative was established in 2014 with the purpose of showcasing the assets and natural resources of our regional and district parks, while promoting inclusion and healthy, active living. Events are held over the summer season and are available free of charge to the public. The 2019 event locations and dates were as follows: 1. Rockwood Park—June 30; fpm-3pm 2. Station One Skate Plaza, 'Annual Mayor's Cup Skateboard Competition' —July 1; 10am-fpm 3. Little River Reservoir—July 13; fpm-3pm 4. Dominion Park Beach, 'Summer Welcome Event'— July 20; fpm-3pm Approach to implementation Should the recommended resolution be adopted, the Parks and Recreation Department will advise external stakeholders of the decision, including: • Vendors and service providers for past 'Passport to Parks' events/programming • Organizers of other events previously supported by staff • Businesses operating in parks in which 'Passport to Parks' events/programming traditionally take place The City of Saint John Communications Department will also be engaged to assist in informing the public of the elimination of these events. STRATEGIC ALIGNMENT The savings realized by the elimination of funding for the 'Passports to Parks' initiative supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). Recreation experiences that create of a sense of community pride support Council's Priority of a Vibrant, Safe City. Elimination of 'Passport to Parks' will result in a minor reduction in the availability of free recreational programming/events at City parks. 11ElK -3 - The sessional staff traditionally hired to coordinate 'Passport to Parks' provide backfill when permanent Recreation staff are on vacation. The absence of these sessional staff will mean that in-kind support to events run by community groups or other organizations and response to 'Green Machine' community clean-up events may be impacted, as the workload will rest solely with permanent staff. This item is 100% feasible, as it is based solely on a decision of Mayor and Council and can be implemented to address the deficit within the timeframe. There will be minimal investment requirements associated with implementation. Costs will relate to any communications carried out to advise the public of the change. All costs will be covered through the annual operating budget. The following is a breakdown of costs associated with 'Passport to Parks' in 2019: Special Events Coordinators (2 staff) $20,000.00 PlaySJ — Recreation Programming Grant $15,000.00 TOTAL SAVINGS $35,000.00 Adoption of this resolution will result in annual savings to the general operating budget of $35,000.00. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input for this report was provided by the staff of the Parks and Recreation Department. ATTACHMENTS N/A. Appendix: Initiative Criteria Evaluation N I Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target a p. 2 3 4 If iinanciiall " 'airget Evaluation Notes on Passport to Parks: • Minor impact to a Vibrant, Safe City with minor reductions of free recreational programming/events at city parks, in-kind support to events run by community groups or other organizations, and support of 'Green Machine' community clean-up requests. Note: Evaluated initiatives that fall within the yellow and green areas should be considered to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of November 4, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Right Sizing Recreation Facilities — Ice Surface @ Rainbow Park 4. On -Street Parking Meters 11El% COUNCIL REPORT M&C No. 2019-279 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: On -Street Parking Increase — Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. HeadCity Manager Marc Dionne /Jill Good Marc Dionne John Collin RECOMMENDATION It is recommended that Common Council: a) Approve the increase of hourly on -street metered parking rates; b) Direct the Parking Commission to examine opportunities for additional revenue; and c) Direct the Parking Commission and appropriate staff to prepare amendments to the Parking Meter By-law with respect to metered parking. EXECUTIVE SUMMARY In March 2019, the Saint John Parking Commission was tasked with identifying additional sources of revenue and/or cost savings to assist in addressing the City of Saint John's financial challenges. One opportunity for additional revenue brought forward at that time was to increase the on -street hourly parking rate. A minor increase of twenty-five (25) cents per hour (i.e., $2.25/hour from the current $2.00/hour) of parking is forecasted to result in approximately $100,000.00 in additional revenue to the City. PREVIOUS RESOLUTIONS On October 7, 2019, it was resolved by Council to receive and file M&C 2019- 249: 'Sustainability: Addressing the Deficit 2021-2022'. CEl191 -2 - REPORT The City of Saint John currently has 146 coin-operated meters, 36 Pay & Display machines, and 21 Pay by Plate kiosks, which are located in the South Central Peninsula. On -street parking fees are charged daily from 7:00am to 6:00pm, Monday to Friday (excluding holidays) at an hourly rate of $2.00/hour. The Saint John Parking Commission collects approximately one million dollars in revenue annually from on -street parking, not including fines. The on -street parking rate has not been increased since 2012 and the Saint John Parking Commission believes that an equitable increase from $2.00 to $2.25/hour is forecasted to result in $100,000.00 in additional revenue to the City. Currently on -street parking is free on weekends, holidays, after 6:00pm Monday to Friday and located only in the South Central Peninsula. Therefore, the Saint John Parking Commission will also examine potential opportunities that could arise from a review of the days of the week and/or hours in which there is a charge for on -street parking and the potential addition of parking meter locations. Approach to implementation Should the recommended resolution be adopted, the Saint John Parking Commission will proceed with preparing the necessary by-law amendments. The Commission will also advise external stakeholders of the decision, including contacting the existing vendors to order software and hardware where necessary. The City of Saint John Communications Department will be engaged to assist in communicating to the public. With the time required for a by-law amendment and appropriate communications, the increased parking rates will be effective March 1, 2020. STRATEGIC ALIGNMENT The additional revenue generated by the on -street parking meter increase supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, -3 - Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). In terms of Council's Priority of Growth & Prosperity, there could be a minor impact. This is based upon feedback received in the past from the Uptown retail business community, which suggested that parking rate increases could deter shopping in the Uptown. There will be minimal investment requirements associated with implementation. Costs will relate to any communications carried out to advise the public of the change. All costs will be covered through the annual operating budget. This item is 100% feasible, as it is based solely on a decision of Mayor and Council. There is no impact to service delivery. The increase to the on -street parking meter rate represents an additional revenue of $100,000 annually. ATTACHMENTS N/A. CElle Appendix: Initiative Criteria Evaluation Relative Evaluation of Sustainability Initiative based on Impact and Financial Target If iinanciiall " 'airget Evaluation Notes on On -Street Parking Meters: • Priority of Growth & Prosperity — Potential minor impact on Uptown retail business community (shared the stakeholder) Note: Evaluated initiatives that fall within the yellow and green areas should be considered to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of November 4, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Right Sizing Recreation Facilities — Ice Surface @ Rainbow Park 4. On -Street Parking Meters 90 80 70 60 40 r, 30 20 If iinanciiall " 'airget Evaluation Notes on On -Street Parking Meters: • Priority of Growth & Prosperity — Potential minor impact on Uptown retail business community (shared the stakeholder) Note: Evaluated initiatives that fall within the yellow and green areas should be considered to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of November 4, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Right Sizing Recreation Facilities — Ice Surface @ Rainbow Park 4. On -Street Parking Meters 1 41 COUNCIL REPORT M&C No. MC 2019-260 Report Date October 29, 2019 Meeting Date November 04, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Recreation Cards: Overall Program Update OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends Common Council receive and file this report. EXECUTIVE SUMMARY This report is to update Common Council on the current status of the Recreation Card Program implementation plan, advise of plans to move to the enforcement phase of the Program, and to assist in correcting some missing, incorrect, or incomplete information about the Program circulating in the public. REPORT Background The City of Saint John Recreation Card Program is being implemented for the first time for the 2019-2020 arena season. Its implementation followed an approximate 1 % year effort to seek a regional solution that would allow taxpayers and users in the Greater Saint John Region to share fairly, based on usage, the costs incurred to operate all arenas throughout the region. Following unsuccessful attempts to reach regional consensus, the City of Saint John, via resolution of Common Council, decided to pursue fairness independently beginning May 1, 2019. Through consultations and a review of options, a Non - Resident User Fee approach was approved by Council to allow more, but not all, City taxpayer investment in City arenas to benefit City residents. A Recreation Card Program was planned and implemented starting September 23, 2019 to distribute Recreation Cards and collect these Non -Resident User Fees. The Program's aim is to ensure all applicable participants using City arenas are identified, with City resident participants providing proof of residency before CElVA -2 - being given a Recreation Card for free and non-residents paying a $200 + HST Non -Resident User Fee before being issued the Card. With all applicable participants (residents and non-residents) requiring Recreation Cards, a subsequent enforcement plan once the season starts would only require participants to produce their Recreation Card. Update on Recreation Cards Issued As of October 28, 2019, nine hundred and seventy-four (974) Recreation Cards have been issued, 855 to residents and 119 to non-residents. It is estimated approximately 54% of residents and 24% of non-residents have acquired a Recreation Card by this date. Cooperation by User Groups City staff would like to acknowledge the many groups that rent ice from the City that have helped with implementation of the Recreation Card Program. It is clear from the Card acquisition data that several groups are making a concerted effort to encourage their participants to acquire a Recreation Card. However, some groups have a significantly low proportion of participants expected to require a Card to date, leading to overall low acquisition levels. It is for this reason that City staff are moving to a clear enforcement plan. Enforcement Plan As a result of the overall low acquisition of Recreation Cards to date and the significant staff resources required to deploy them, City staff are planning a deadline of December 6, 2019 for when applicable participants are required to have obtained a Recreation Card. On December 9, 2019, City staff plan to begin the enforcement phase of our Recreation Card Program. Applicable ice sport participants entering a City arena will be required to show their Recreation Card at various times through the remainder of the season. If they fail to demonstrate they have been issued a Recreation Card, they will not be granted access to the City arena. Participants' Ability to Acquire Recreation Cards The City will continue to make Recreation Cards available for participants until December 6, 2019 at at -least our 171 Adelaide Street facility during regular business hours (Monday -Friday, 8:30 am -4:00 pm). Staff are also offering extended hours until 7 PM at our 171 Adelaide Street location on November 19, 21, 26, and 28 ahead of the December 6, 2019 deadline. CElE:3 -3 - Continued Communications with Stakeholders City staff are planning to enhance communications to arena participants and their parents/guardians, providing details such as where and when to get a Recreation Card by December 6, 2019, and the City's enforcement plan. The City's Communications Department is assisting. Posters in City arenas will continue to be posted. Flyers are being created with the City's Communications Department to hand out at City arenas. Facebook and radio ads will be purchased. Information will continue to remain updated at our www.saintiohn.ca/recreationcard site. City staff will continue to work with local media for interviews where opportunities arise. Ultimately, the City's goal is to support participants obtaining Recreation Cards. Improved communications with stakeholders will assist in achieving this goal. Correcting Incorrect, Incomplete and Missing Information Staff would like to correct information pertaining to the Recreation Card Program for the benefit of Common Council, the groups and participants that use City arenas, and the public generally. Staff have outlined the following series of questions and answers to some aspects of the program that may be represented incorrectly: Groups Providing Residency Data to the City No groups are currently advising the City that they intend to withhold participant roster information at a level that would affect the City's ability to verify that all resident and non-resident participants have acquired a Recreation Card. The City made it a requirement of groups renting ice to allow their participants the option of providing informed consent to give all residency data to the City. City staff have recently contacted and was given clarity by Hockey Canada that providing the City with postal codes of participants affiliated with Hockey Canada (such as the three minor leagues affiliated with Hockey New Brunswick) is not a violation of Hockey Canada's policies. Hockey New Brunswick and the minor leagues are aware of Hockey Canada's position. City staff note that having available roster information from groups is just one tool that will be used by the City to help enforce the Program. Several other measures are in place, including spot checks at arenas, roster data from previous years, and on -ice counts to assist with ensuring compliance. Defining a Visiting Team A "Visiting Team" for the purpose of the City's Recreation Card Program is a team affiliated with a group that does not rent ice from the City, such as teams from other leagues playing in tournaments or playing in "inter -league" games 11Me] -4 - (such as a team from KV Minor Hockey League playing a team from Saint John or Lancaster Minor Hockey leagues). Participants of teams in this circumstance do not need a Recreation Card. Notwithstanding specific exemptions defined on the City's website, participants of a league that rents ice from the City and plays in a City arena (whether the league defines a team as a "Visiting Team" or not) require a Recreation Card. Around the same time in late July 2019 when Hockey New Brunswick advised they would not support their leagues providing residency data to the City, there was also the suggestion that teams from their league(s) would be considered a "Visiting Team" when using City arenas. City staff felt obligated to ensure our policies were clear to support an enhanced enforcement program in light of Hockey New Brunswick's decision, at the time, not to provide residency data. City staff were not anticipating Hockey New Brunswick taking a position in late July 2019 to withhold residency data because their leagues had provided this data in previous years to the City for the purpose of acquiring their share of the City's Youth Ice Sports Subsidy. As mentioned earlier in this report, the topic of residency data has since also been resolved. Elite Players Not Requiring Recreation Cards There have been concerns from some stakeholders that the City is giving preferential treatment to some youth groups, including those in hockey schools or on "rep" teams, by not requiring these participants to obtain Recreation Cards. City staff recommended participants from youth groups not classified in the "Youth Recreational" category be exempt from acquiring Recreation Cards because these groups can have rotating participation through the season making acquisition of Recreation Cards administratively burdensome. In lieu of participants from these groups not acquiring Recreation Cards, these groups pay the higher Prime Time hourly rate (same rate paid by Adult groups) and they get lower priority when requesting seasonal ice bookings compared to youth groups in the "Youth Recreational" category. There was no intention of providing preferential treatment to "elite" players and City staff believe the rationale for these participants to be exempt from acquiring Recreation Cards is sound, transparent, and based on a much different intention than that viewed by some stakeholders. Comparisons to the City of Fredericton's and City of Campbellton's Programs The City of Fredericton and the City of Campbellton have also implemented Recreation Card Programs. Some stakeholders have presumed how the program would work in Saint John based on aspects of the programs in these other cities. City staff is not implying the programs in any of the three cities have been without challenges, but some circumstances in both cities are different than Saint John. 0791 -5 - The City of Fredericton has some factors unique from Saint John as follows: • Fredericton has agreements in place with the Village of New Maryland, Rural Community of Hanwell, and portions of 6 LSD's in their region to share the costs to provide arenas whereas the Saint John region has not formed any inter -regional agreements related to arenas as of yet; • Fredericton has fewer regional participants that pay a Non -Resident User Fee than the number that would have been paid without the agreements with surrounding communities in place; and • Fredericton's Recreation Cards are $773.00 + HST, much greater than the cost in Saint John, in part because their Non -Resident User Fee also contributes to capital costs of arena assets. The City of Campbellton also has some factors unique from Saint John: • The City of Campbellton implemented Recreation Cards in the 2018-2019 season. A significant loss of participation occurred over this season. • Agreements with several minor leagues were reached ahead of the 2019- 2020 season where the leagues paid an additional lump sum fee (over costs to rent the ice), in lieu of requiring non-residents pay the Non - Resident User Fee. Participation rose again as a result. City staff suggest a similar agreement between Saint John and minor leagues (as was done in Campbellton) is not a good fit in our regional context, unless the City can be reassured non-resident players pay a higher registration fee to the league compared to resident players. This recommendation is formed for three reasons: • When the City previously credited youth leagues their share of the Youth Ice Sports Subsidy, no measures were in place to ensure this subsidy was directed to Saint John youth participants, which was not a fair application of the subsidy; • City resident participants paying a higher registration fee to the league to account for non-resident use would require Saint John families involved in ice sports to pay more than full cost recovery (Saint John families already pay Saint John property taxes that contribute to the deficits of City arenas and and pay league registration fees contributing to hourly rates charged to these leagues that, combined, amounts to their share of arena lifecycle costs); and • Efforts in attempting to achieve agreement with our surrounding towns, villages, and LSDs need to remain the focused priority to potentially replace the City's Recreation Card Program in future years. Fairness of the City's Recreation Card Program There is some concern in the community that the City's Recreation Card Program is penalizing individuals who want to play ice sports. This program does not prevent individuals from playing ice sports. It simply decreases the proportion of City taxpayer investment that supports non-resident use of City arenas. The City Ch's of Saint John agrees a regionally supported approach is the fairest solution; this would ensure regional contributions to all arena facilities are shared between regional users and regional taxpayers. Because the City cannot influence regional taxpayer contributions, it can only seek fair regional contributions from regional users. The City's belief that a regional approach is the fairest one has been demonstrated by its action to pursue this outcome. STRATEGIC ALIGNMENT This report aligns with Common Council's commitment to seek regionally supported services and the City's Sustainability ideas to address the expected $11 million structural deficit in 2021. SERVICE AND FINANCIAL OUTCOMES The City's Recreation Card Program continues to allow residents and non- residents to use City arenas. The Program is currently expected to gross $100,000 in revenues and cost approximately $60,000 to implement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Sustainability Team on Non -Resident User Fees has contributed to this report. ATTACHMENTS Powerpoint slides for November 4, 2019 Council meeting 11W % & _ 2 O hL.- U m m E m t�A O ca U O 4-jm Q) U Q) ryC UO Q) C �U r Ict Ln N N Ln 00 • • 2 ma LO O N 00 N i N O U O O Ict Ln N N Ln 00 • • 2 ma LO Q) U C� Q E O U 4-jO un O ca Q) E Q) U O 4- w m 0 U Q) .UO Q) ryC t�A u O L. - r) O m E O Q) M U U Q m F -- UO 5 hM L- Q) 0 0 4--j M E O L� Q) 4-j U U Q UO Q) r Q) w O 4--d M E O L� Q) 4-j U U El UO Q) U Q) O O O UO E O U O 4-jm E O Q) M U U Q QF � � � LL e I I _ w \ ^ � y � � #< \0 b # W 0 � .. . . _ : . . . � k\ #< 4-� # � E � � � \ Zt} � � � LL e I I _ UO Q) C �U r Q) 4- 0 1 41 COUNCIL REPORT M&C No. M&C 2019-259 Report Date October 24, 2019 Meeting Date November 04, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Recreation Cards: Samuel -de -Champlain School's Request for Exemption OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends Common Council deny a request to exempt Samuel -de -Champlain School's students who use Saint John arenas from requiring a Recreation Card. EXECUTIVE SUMMARY At its October 7, 2019 meeting, Common Council received a request to exempt Sam uel-de-Champlain's School's hockey players from paying Non -Resident User Fees. This report details the justification used by City staff in forming its recommendation to deny this request, including providing context related to the overall Recreation Card Program, how the circumstances of participants from other groups that rent ice from the City are similar, context related to addressing the City's structural deficit by mitigating impact to delivery of services to City residents, and the relative fairness of the City's Recreation Card Program versus status quo and a regional solution. PREVIOUS RESOLUTION At its October 7, 2019 meeting, Common Council referred the attached request from Samuel -de -Champlain School to the City Manager for a recommendation. -2 - REPORT Background The City of Saint John Recreation Card Program is being implemented for the first time for the 2019-2020 arena season. Its implementation followed an approximate 1 % year effort to seek a regional solution that would allow taxpayers and users in the Greater Saint John Region to share fairly, based on usage, the costs incurred to operate all arenas throughout the region. Following unsuccessful attempts to reach regional consensus, the City of Saint John, via resolution of Common Council, decided to pursue fairness independently beginning May 1, 2019. Through consultations and a review of options, a Non - Resident User Fee approach was approved by Council to allow more, but not all, City taxpayer investment in City arenas to benefit City residents. A Recreation Card Program was planned and was implemented starting September 23, 2019 to collect these Non -Resident User Fees. The Program's aim is to ensure all applicable participants using City arenas are identified, with City resident participants providing proof of residency before being given a Recreation Card for free and non-residents paying a $200 + HST Non -Resident User Fee before being issued the Card. With all applicable participants (residents and non- residents) requiring Recreation Cards, a subsequent enforcement plan once the season starts would only require participants to produce their Recreation Card. All members of associations that book 15 hours or more of ice time over one season from the City of Saint John's arenas are required to obtain a Recreation Card annually, with a few exceptions: Exception Reason for Exception Visiting teams of groups not Drawing participants to tournaments and events booking ice from the City in City arenas contributes to tourism with who play groups that have resulting benefits to our economy. The City does booked ice from the City or not invoice groups that do not rent ice from the are involved in individual City, so applying penalties for non-compliance tournaments, events, etc. with the Program would be challenging. Individuals who participate PlaySJ recognizes the value of community only as coaches, instructors, participation in recreation. Many leaders who chaperones, or volunteers. support ice sport programming are volunteers. Participants in youth -based Rotating participation in such programs on -ice schools/ academies/ throughout the season would add significant clinics/ organizations, administrative burden to the City and these providing enhanced skill programs. These programs cannot take development training, with advantage of the lower Youth Recreational Prime sometimes rotating short- Rate in lieu of participating in the Recreation term participants. Card Program. Participants in City -offered Participants may not be part of groups that rent Public Skating. ice from the City making administration of the H0.1 -3 - Program burdensome. City -offered public skating is currently free for all who choose to participate. Other than the exceptions noted above, with rationale for those exceptions, all groups that rent ice from the City for more than 15 hours in a season require Recreation Cards. Choices or Lack Thereof Samuel -de -Champlain School's letter attached to this report is themed around a lack of choice for individuals. This school is the only K-12 French -language school in the region. Students who choose to pursue a French language education, including City residents and non-residents, must attend this school in the high school years. High school students attending this school to pursue their French language education who also choose to play ice sports must play in arenas rented by this school. Samuel -de -Champlain School students' choice to play ice sports is not impacted; they just need to obtain a Recreation Card if the school chooses to rent ice from City arenas. Participants of other groups that rent ice from the City are in a similar circumstance. Not every municipality and Local Service District in the region have a high school, in both the Anglophone and Francophone South School Districts. In some cases high school students in the Anglophone South School District from the region attend a Saint John high school for particular educational programming. If students from any of these jurisdictions play ice sports while attending a high school that rent ice from City arenas, these students must also pay the Non -Resident User Fee to obtain a Recreation Card. Community Hockey is a league available to participants that is less expensive and less competitive than other options available. This league includes regional participation and books ice from City arenas; therefore, participants best suited for this league must also obtain a Recreation Card. The Lancaster Minor Hockey Association has regional boundaries that include Grand Bay -Westfield and a portion of the City of Saint John and rents ice from the City. Participants of this association require Recreation Cards in order to play in City arenas. The City's Recreation Card Program does not remove a choice to play ice sports for participants of any of the groups described in the preceding paragraph. All of these participants are able to play ice sports by obtaining a Recreation Card from the City. There are options available to pay for Non -Resident User Fees, besides from City taxpayers, for non-residents to obtain Recreation Cards. For example, School Boards could cover the costs if they deem the use of ice as an important part of the programs they deliver or if they feel some of their students are being disadvantaged. C[:YA -4 - Ultimately, adequate funding of City services and facilities, including recreational assets, are required to ensure theses are available for all users, at a manageable costs, and at a cost that is affordable to City tax payers. City staff have described in this report the rationale for exempting certain individuals from requiring Recreation Cards, whether these individuals be residents or non-residents. Staff believe a good balance has been achieved in this regard. Exempting further participants is not recommended at this time, particularly when there are many participants in similar circumstances as students from Samuel -de -Champlain School and the possible alternative impacts to City residents. In Pursuit of Fairness and Sustainability Non -Resident User Fees are not the fairest solution to distribute contribution of recreation service costs regionally; it is understandable why community stakeholders such as Samuel -de -Champlain School would express concerns. A regional solution is clearly a fairer solution, because it would distribute recreation costs to regional participants and regional taxpayers from jurisdictions in which these participants live. However, status quo, in which City taxpayers are responsible for recreation deficits created in part by keeping costs to non- resident participants (in addition to resident participants) lower, is clearly not a fair solution. In the absence of a regional solution that is outside the City's control to implement independently, the City's introduction of Non -Resident User Fees through the Recreation Card Program is clearly fairer than status quo. Demonstrating Recreation is Delivered and Enjoyed Regionally The circumstances described by Samuel -de -Champlain School in their letter is just one more example that demonstrates recreation is delivered and enjoyed independently of municipal boundaries in our region. If recreation services and facilities are used regionally, why should these also not be funded regionally based on this regional use? STRATEGIC ALIGNMENT This report aligns with past resolutions adopted by Common Council relative to pursuit of a regional ice strategy and Non -Resident User Fees. This report also aligns with Sustainability ideas presented by your City Manager at your October 7, 2019 Council meeting to address the 2021-2022 deficit. SERVICE AND FINANCIAL OUTCOMES C[�:3 -5 - Samuel -de -Champlain has advised they require Recreation Cards for 22 participants. It is unclear how many of these participants are non-residents. Assuming 50% of these participants are non-residents, the City would be reducing its revenues expected from the Recreation Card Program by an estimated $2,200.00 if an exemption is provided as requested, with a $3,850.00 reduction in the 2020-2021 season when the fees are approved to increase to $350.00 per participant. City staff notes that the $2,200.00 estimate of lost revenue is limited only to Samuel -de -Champlain School. Further revenue losses would result if other groups, such as those referenced in this report, also request exemptions for similar reasons. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City's Sustainability Team on Non -Resident User Fees ATTACHMENTS Samuel -de -Champlain School's request presented at October 7, 2019 Council meeting. Council Presentation l SUBMISSION // COUNCIL ABOUT PERSON ROUP PRE ENTIN First Name: lise Last Name: Drisdelle-Cormier Name of Organization/Group (where applicable): Centre scolaire Samuel -de - Champlain Mailing Address: 67, chemin Ragged Point City or Town: Saint John Province: NB Postal Code: E2K 5C3 Day Time Phone Number: 506-658-4613 Email: lise.drisdelle-cormier@nbed.nb.ca [7 If you do NOT wi h to have your personal information (address, phone number, email) become part of the public record, please check this box. BOUT YOUR SUBMISSION Topic of Submission: Residency Address Exemption for Hockey Cards Purpose for Submission (what is the ask of Council); Exempt tcole Samuel-de- Champlain's hockey players from the fees charged to non Saint John residents Executive Summary: Don Darling, Mayor of Saint John, Councillors: As Superintendent of the Francophone South School District, I am writing to inform you of a situation that is affecting the quality of education for some of our students. As you know, Samuel -de -Champlain School is unique. It is the only French -language K-12 school in the greater Saint John area. Some of our students have to travel 90 minutes a day to get a French -language education; they come from Rothesay, Quispamsis, Grand Bay -Westfield and even St. Andrews. They cannot choose another French -language school. There are no others! To give them the opportunity to develop as Francophones in the region and to achieve our educational mission, committees and sports teams have been formed at this school. Among these activities, the school has its own hockey team, which has to play in every part of the province. 1n light of the new by-law passed by the Saint John Common Council, some students at this school will be discriminated against and deprived of their right to play on the school team. In addition, they will be prevented from playing school sports in their own language and will be trapped in a two-tier discriminatory system where some students are denied the opportunity to I SUBMISSION "N Cky a(SaLnt MW play, because of their place of residence, while others are not. Moreover, Anglophone students may have several schools or teams to choose from in some cases, since they have neighbourhood schools where they can get an education in their language and play their sport. I would like to remind you that our students do not have a choice of French high schools. We have only one, and we have no boundaries other than those determined by our school district, i.e., from St. Stephens to Sussex. For all these reasons, I am asking you, Mr. Mayor and Councillors, to grant an exemption to the students of Samuel -de -Champlain School, so that they can play their sport for this school regardless of where they live. Yours truly, Monique Boudreau Superintendent, South Francophone School District Signature: Use Drisdelle-Cormier Date 2019-09-25 ; District scolaire francophone Sud Apprendre. Grandir. Devenir. September 25, 2019 Mr. Don Darling, Mayor of Saint John, Councillors, 425 Champlain Street, Dieppe, New Brunswick E1 A I P2 Telephone: 506 856-3333 - Toll-free: 1 888 268-9088 Fax: 506 856-3254 As Superintendent of the Francophone South School District, I am writing to inform you of a situation that is affecting the quality of education for some of our students. As you know, Samuel -de -Champlain School is unique. It is the only French -language K-12 school in the greater Saint John area. Some of our students have to travel 90 minutes a day to get a French -language education; they come from Rothesay, Quispamsis, Grand Bay- Westrield and even St. Andrews. They cannot choose another French -language school. There are no others! To give them the opportunity to develop as Francophones in the region and to achieve our educational mission, committees and sports teams have been formed at this school. Among these activities, the school has its own hockey team, which has to play in every part of the province. In light of the new by-law passed by the Saint John Common Council, some students at this school will be discriminated against and deprived of their right to play on the school team. In addition, they will be prevented from playing school sports in their own language and will be trapped in a two-tier discriminatory system where some students are denied the opportunity to play, because of their place of residence, while others are not. Moreover, Anglophone students may have several schools or teams to choose from in some cases, since they have neighbourhood schools where they can get an education in their language and play their sport. I would like to remind you that our students do not have a choice of French high schools. We have only one, and we have no boundaries other than those determined by our school district, i.e., from St. Stephens to Sussex. For all these reasons, I am asking you, Mr. Mayor and Councillors, to grant an exemption to the students of Samuel -de -Champlain School, so that they can play their sport for this school regardless of where they live. Yours truly, Moniqu B udreau Superintendent 472 604 francophonesud. nbed. nb.ca I to Im A. _ 2 O Q N X W un un W z oc Q RAPPORT DU CONSEIL M&C No M&C 2019-259 Date du rapport : 24 octobre 2019 Date de la reunion : 4 novembre 2019 Secteur de service : Services des transports et de 1'environnement Son Honneur le maire Don Darling et les membres du conseil communal OBJET: Cartes recreatives : Demande d'exemption de 1'ecole Samuel -de -Champlain SEANCE PUBLIQUE OU PRIVEE Cette question sera abordee dans une seance publique du conseil communal. AUTORISATION Auteur principal : Tim O'Reilly Commissaire/chef de service : Michael Hugenholtz Directeur municipal : John Collin RECOMMANDATION Votre directeur municipal recommande au conseil communal de refuser une demande visant a exempter les eleves de 1'ecole Samuel -de -Champlain qui utilisent les arenas de Saint John d'avoir besoin dune carte recreative. RESUME Lors de sa reunion du 7 octobre 2019, le conseil communal a regu une demande visant a exempter les joueurs de hockey de 1'ecole de Samuel -de -Champlain de payer les frais d'utilisateur imposes aux non-residents. Le present rapport decrit en detail la justification utilisee par le personnel de la ville pour formuler sa recommandation afin de rejeter cette demande, notamment en fournissant le contexte du programme de cartes recreatives dans son ensemble, la fagon dont les circonstances des participants d'autres groupes qui louent des heures de glace a la ville sont semblables, le contexte lie a la resolution du deficit structurel de la ville en attenuant l'impact sur la prestation des services aux residents de la ville et 1'equite relative du programme de cartes recreatives de la ville par rapport au statu quo et a une solution regionale. GO— . ............................... SAINT JOHN P.O. Box 1971 Saint John, EJB Canada E2L 4LI I www.saintjohn.ca N C.R 1971 Saint John, N. -B. Canada E7L 4L1 111FNR RESOLUTION PRECEDENTE Lors de sa reunion du 7 octobre 2019, le conseil communal a presente la demande ci-jointe de I'ecole Samuel -de -Champlain au directeur municipal afin qu'il formule une recommandation. Contexte Le programme de cartes recreatives de la ville de Saint John est mis en oeuvre pour la premiere fois pour la saison 2019-2020 des arenas. Sa mise en oeuvre a suivi un effort d'environ un an et demi pour trouver une solution regionale qui permettrait aux contribuables et aux utilisateurs de la region du Grand Saint John de partager equitablement, en fonction de ('utilisation, les couts engages pour 1'exploitation de tous les arenas dans 1'ensemble de la region. A la suite de tentatives infructueuses pour arriver a un consensus regional, la ville de Saint John, par la resolution du conseil communal, a decide de rechercher 1'equite de maniere independante a partir du ler mai 2019. Par le biais de consultations et d'un examen des options, Ie conseil a approuve une approche de frais d'utilisateur imposes aux non-residents afin de permettre a plus d'investissements des contribuables de la ville, mais pas a tout, dans les arenas de la ville a beneficier aux residents de la ville. Un programme de cartes recreatives a ete planifie et mis en oeuvre a partir du 23 septembre 2019 pour percevoir ces frais d'utilisateur imposes aux non-residents. Le but du programme est de s'assurer que tous les participants admissibles qui utilisent les arenas de la ville sont identifies, les participants qui sont des residents de la ville fournissant une preuve de residence avant d'obtenir une carte recreative gratuite et les non-residents payant des frais d'utilisation de 200 dollars + TVH pour les frais d'utilisateur imposes aux non-residents avant d'obtenir la carte. Stant donne que tous les participants admissibles (residents et non-residents) concernes ont besoin de cartes recreatives, un plan d'application ulterieur une fois la saison commencee exigerait seulement que les participants aient leur carte recreative. Tous membres dune association louant au moins 15 heures de glace au cours dune saison dans les arenas communautaires de Saint John doivent obtenir une carte recreative toutes les annees, avec quelques exceptions : Exemption Les membres dune equipe de visiteurs (groupes qui ne louent pas d'heures de glace a la ville) affrontant des equipes qui louent des heures de glace dans les arenas de la ville ou participant a des tournois individuels, des evenements, etc. Motif de 1'exemption Attirer les participants a des tournois et a des evenements dans les arenas de la ville contribue au tourisme, ce qui produit des avantages pour notre economie. La Ville ne facture pas les groupes qui SAINTJOHN PO. Box 1971 Saint John, NB Canada E2L 4L1 I wwww.saintjohn.ca I C.P. 1771 Saint John, .-B. Canada E2L 4L1 ne louent pas d'heures de glace a la ville; it serait donc difficile d'imposer des penalites en cas de non - respect du programme. Exemption Les personnes qui participent uniquement a titre d'entraineurs, d'instructeurs, d'accompagnateurs ou de benevoles. Motif de 1'exemption RecreSJ reconnait la valeur de la participation communautaire aux loisirs. De nombreux leaders qui appuient les programmes de sport sur glace sont des benevoles. Exemption Les participants aux ecoles, academies, cliniques et organisations axees sur le patinage et destinees aux jeunes qui off rent une formation amelioree en perfectionnement des competences, avec parfois une rotation des participants a court terme. Motif de 1'exemption La rotation de la participation dans ces programmes tout au long de la saison ajouterait un fardeau administratif considerable pour la ville et ces programmes. Ces programmes ne peuvent pas profiter du rabais « Loisirs pour les jeunes » au lieu de participer au programme de cartes recreatives. Exemption Les participants au patinage libre offert par la ville. Motif de 1'exemption Les participants ne font peut-etre pas partie de groupes qui louent des heures de glace a la ville, ce qui rend I'administration du programme trop lourde. Le patinage public offert par la ville est actuellement gratuit pour tous ceux qui choisissent de participer. A part les exceptions mentionnees ci-dessus, avec le motif pour ces exceptions, tous les groupes qui louent des heures de glace a la Ville pendant plus de 15 heures dans une saison doivent avoir des cartes recreatives. Choix ou absence de choix La lettre de I'ecole Samuel -de -Champlain jointe au present rapport porte sur le manque de choix pour les personnes. Cette ecole est la seule ecole de langue frangaise de la maternelle a la 12' annee dans la region. Les eleves qui choisissent de poursuivre une education en frangais, y compris les residents de la ville et les non-residents, doivent frequenter cette ecole au cours des annees de secondaire. Les eleves du secondaire qui frequentent cette ecole pour poursuivre leur education en frangais et qui choisissent egalement de pratiquerr des sports sur glace doivent jouer dans les arenas 477 loues par cette ecole. Le choix des eleves de 1'eccdl&Samuel-de-Champlain de pratiquer des sports de glace nest pas touche; it leur suffit d'obtenir une carte recreative si I'ecole choisit de louer des heures de glace des arenas de la ville. Les participants d'autres groupes qui louent des heures de glace a la ville se trouvent dans une situation similaire. Ce ne sont pas toutes les municipalites et tous les districts de services locaux de la region qui possedent une ecole secondaire, tant dans le district scolaire anglophone sud que le district scolaire francophone sud. Dans certains cas, les eleves du secondaire du district scolaire anglophone sud de la region frequentent une ecole secondaire de Saint John pour suivre des programmes educatifs particuliers. Si des etudiants de Pune ou I'autre de ces administrations pratiquent des sports sur glace alors qu'ils frequentent une ecole secondaire qui loue des heures de glace dans les arenas de la ville, ils doivent aussi payer les frais d'utilisateur imposes aux non- residents pour obtenir une carte recreative. Le hockey communautaire est une ligue accessible aux participants qui est moins couteuse et moins competitive que les autres options disponibles. Cette ligue comprend la participation regionale et loue des heures de glace des arenas de la ville; par consequent, les participants qui correspondent le mieux a cette ligue doivent aussi obtenir une carte recreative. La Lancaster Minor Hockey Association a des frontieres regionales qui comprennent Grand Bay -Westfield et une partie de la ville de Saint John et loue des heures de glace a la ville. Les participants de cette association ont besoin de cartes recreatives pour jouer dans les arenas de la ville. Le programme de cartes recreatives de la ville n'elimine pas le choix de pratiquer des sports sur glace pour les participants de I'un des groupes decrits au paragraphe precedent. Tous ces participants sont en mesure de pratiquer des sports sur glace en obtenant une carte recreative de la ville. II existe des options pour payer les frais d'utilisateur imposes aux non-residents, mis a part des contribuables de la ville, pour que les non-residents puissent obtenir des cartes recreatives. Par exemple, les conseils scolaires pourraient couvrir les couts s'ils considerent ('utilisation de la glace comme une partie importante des programmes qu'ils offrent ou s'ils estiment que certains de leurs eleves sont desavantages. En fin de compte, un financement adequat des services et des installations de la ville, y compris des biens recreatifs, est necessaire pour s'assurer que ces services sont accessibles a tous les utilisateurs, a des couts gerables et a un cont abordable pour les contribuables de la ville. Le personnel municipal a decrit dans le present rapport la justification pour laquelle certaines personnes n'ont pas besoin de cartes recreatives, qu'il s'agisse de residents ou de non-residents. Le personnel estime qu'un bon equilibre a ete atteint a cet egard. II nest pas recommande d'exempter d'autres participants en ce moment, surtout lorsqu'il y a beaucoup de participants dans des circonstances semblables a celles des etudiants de I'ecole Samuel -de -Champlain et les autres repercussions possibles sur les residents de la ville. SAINTJOHN PO. Box 1971 Saint John, NB Canada E2L 4L1 I wwww.saintjohn.ca I C.P. 1771 Saint John, .-B. Canada E2L 4L1 II�E:j Dans la poursuite de I'equite et de la durabilite Les frais d'utilisateur imposes aux non-residents ne sont pas la solution la plus juste pour repartir la contribution des couts des services de loisirs a I'echelle regionale; it est comprehensible que des intervenants communautaires comme I'ecole Samuel -de -Champlain expriment leurs preoccupations. Une solution regionale est manifestement une solution plus juste, car elle repartirait les couts de loisirs entre les participants regionaux et les contribuables regionaux des administrations ou ces participants vivent. Toutefois, le statu quo, dans lequel les contribuables de la ville sont responsables des deficits de loisirs crees en partie par le fait de reduire les couts pour les participants non- residents (en plus des participants residents), nest manifestement pas une solution equitable. En I'absence dune solution regionale qui ne releve pas du controle de la ville pour la mise en oeuvre independante, l'introduction par la Ville de frais d'utilisateur imposes aux non-residents dans le cadre du programme des cartes recreatives est nettement plus juste que le statu quo. Demontrer que les loisirs sont offerts et apprecies a I'echelle regionale Les circonstances decrites par I'ecole Samuel -de -Champlain dans leur lettre ne sont qu'un exemple de plus qui demontre que les loisirs sont offerts et apprecies independamment des limites municipales de notre region. Si les services et les installations recreatives sont utilises a I'echelle regionale, pourquoi ne pas les financer a I'echelle regionale en fonction de cette utilisation regionale? ALIGNEMENT STRATEGIQUE Le present rapport s'aligne sur les resolutions anterieures adoptees par le conseil communal en ce qui concerne la poursuite dune strategie regionale sur les heures de glaces et les frais d'utilisateur imposes aux non-residents. Le present rapport s'aligne egalement sur les idees de developpement durable presentees par votre directeur municipal lors de votre reunion du conseil du 7 octobre 2019 pour traiter du deficit de 2021-2022. SERVICES ET RESULTATS FINANCIERS L'ecole Samuel -de -Champlain a indique qu'elle avait besoin de cartes recreatives pour 22 participants. On ignore combien de ces participants sont des non-residents. En supposant que 50 % de ces participants soient des non-residents, la ville reduirait ses revenus attendus du programme de cartes recreatives d'environ 2 200 dollars si une exemption est offerte comme demandee, avec une reduction de 3 850 dollars pour la saison 2020-2021, lorsque les frais seront approuves pour augmenter a 350 dollars par participant. Le personnel de la ville fait remarquer que 1'estimation de 2 200 dollars des pertes de revenus se limite a I'ecole Samuel -de -Champlain. D'autres pertes de revenus se produiraient si d'autres groupes, comme ceux mentionnes dans Ie present rapport, demandaient egalement des exemptions pour des raisons similaires. CONTRIBUTION D'AUTRES SECTEURS DE SERVICE ET INTERVENANTS Equipe de durabilite de la ville sur les frais d'utilisateur imposes aux non-residents. C��%7 PIECES JOINTES La demande de Mcole Samuel -de -Champlain presentee lors de la reunion du conseil du 7 octobre 2019. Presentation du conseil. SAINTJOHN PO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, .-B. Canada E2L 4L1 1 41 COUNCIL REPORT M&C No. M&C 2019-258 Report Date October 30, 2019 Meeting Date November 04, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Recreation Card Program: Lord Beaverbrook Rink Participation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATIONS WHEREAS the City has historically provided an annual grant to the Board of Trustees of the Lord Beaverbrook Rink at Saint John Inc. (the "Board") to assist the Board in approving a balanced budget on an annual basis; and WHEREAS the Board has rented and is anticipated to continue to rent ice time to various recreation groups; and WHEREAS the aforesaid recreation groups have included and it is anticipated will in the future include those who do not reside within boundaries of the City of Saint John; and WHEREAS attempts to agree on cost sharing of rink deficits in the Greater Saint John Region have been unsuccessful to date have caused the City to require all users of ice time at the rinks owned and operated by the City to obtain a Recreation Card; and WHEREAS the Recreation Card aforesaid is provided without charge to those who reside within the City and is available to those residing beyond the boundaries of the City for a cost of $200.00 plus HST for the 2019-2020 ice season; and WHEREAS the City acknowledges and respects the authority and responsibility of the Board to operate and manage the Lord Beaverbrook Rink (the "LBR"); and WHEREAS the City is of the view that it would be fair and appropriate for those users of ice time at the LBR who reside beyond the boundaries of the City to be 11[.3 -2 - required by the Board to purchase a Recreation Card as described in the preceding recitals; and WHEREAS the City estimates that if the Board were to support implementation of the Recreation Card Program aforesaid, that the revenue generated thereby during the 2019-2020 ice season would be $20,000.00; NOW THEREFORE BE IT RESOLVED that the Board be requested to confirm in writing to the City, not later than the 18th day of November 2019 of its commitment to support implementation of the Recreation Card Program, And in the event such confirmation is not received within the time stipulated, the City will withhold $20,000.00 of the November and December 2019 monthly installments of the 2019 subsidy provided by the City to the Board to reconcile use of the LBR by those who reside beyond the boundaries of the City. EXECUTIVE SUMMARY Similar to the other four arenas owned by the City of Saint John, City taxpayers are fully responsible for the operating deficits and capital of the Lord Beaverbrook Rink (LBR). Both the City's pursuit of a regional solution and subsequent implementation of its Recreation Card and Non -Resident User Fee Program are intended to fairly distribute regionally the deficits incurred to operate arenas. City staff has requested the LBR Board of Trustees participate in both solutions, as well as create a relationship with City staff for three main reasons: 1. The LBR is operated by an arms -length board and, therefore, changes to how the rink operates requires this board's participation; 2. City staff believe it is appropriate that non-resident ice sport participants of the LBR should pay a Non -Resident User Fee because, otherwise, City taxpayers would continue to unfairly subsidize non-resident users of that facility at a much higher level than at other City -owned arenas; and 3. As aligned with PlaySJ and an urgency of a pending significant structural deficit, it is important that City staff collaborate with the LBR and other recreation service delivery community partners to seek alignment of strategies, Continuous Improvement initiatives, etc. Significant efforts by City staff to collaborate with the LBR have failed to identify their Board's level of support for the Recreation Card Program. With the Program now implemented and approximately 14 months left to fully roll out measures to close the City's expected $11 million structural deficit for 2021, it is an appropriate time in staff's view to seek Common Council's support to obtain confirmation of the LBR Board's level of support for the Program. REPORT -3 - Background The City of Saint John Recreation Card Program is being implemented for the first time for the 2019-2020 arena season. Its implementation followed an approximate 1 % year effort to seek a regional solution that would allow taxpayers and users in the Greater Saint John Region to share fairly, based on usage, the costs incurred to operate all arenas throughout the region. Following unsuccessful attempts to reach regional consensus, the City of Saint John, via resolution of Common Council, decided to pursue fairness independently beginning May 1, 2019. Through consultations and a review of options, a Non - Resident User Fee approach was approved by Council to allow more, but not all, City taxpayer investment in City arenas to benefit City residents. A Recreation Card Program was planned and implemented starting September 23, 2019 to distribute Recreation Cards and collect the Non -Resident User Fees. The Program's aim is to ensure all applicable participants using City arenas are identified, with City resident participants providing proof of residency before being given a Recreation Card for free and non-residents paying a $200 + HST Non -Resident User Fee before being issued the Card. With all applicable participants (residents and non-residents) requiring Recreation Cards, a subsequent enforcement plan once the season starts would only require participants to produce their Recreation Card. Lord Beaverbrook Rink Operating Model Unlike the four other arenas (Stewart Hurley, Charles Gorman, Peter Murray, and Hilton Belyea), the LBR is operated by an independent Board of Trustees. The current Board of Trustees was established pursuant to an Order of the Court made on December 21, 1983. The objects of the Board, (under the corporate name "The Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc") are described in the Order as being the management and administration of the operation of the rink in accordance with the agreement between the Right Honorable Baron Beaverbrook and the City, dated June 11, 1960. The City owns the Rink and the land on which it sits. City Taxpayer Responsibility for Lord Beaverbrook Rink Deficits Similar to the four arenas under City management, City taxpayers subsidize operating deficits and capital at the LBR. Currently, the City provides $155,000 in an annual operating grant to the LBR, pays approximately $4,400 annually for fire insurance for the facility, funds some Capital investments, and provides additional support via sharing of equipment and materials. Alignment with Common Council's Previous Positions on Regional Ice Strategy Common Council has been clear in its pursuit of a regional solution to managing and contributing to regional arenas. The direction endorsed by Common Council EDIQ -4 - includes redistribution of operating deficits of arenas in our region between taxpayers of the region based on relative usage. Two of 12 arenas in the Region, being TD (Harbour) Station and the arena at Rothesay Netherwood School, were not proposed to be included in a new regional solution, because the former already has a formula in place for regional taxpayer contributions and the latter is a private facility. The remaining 10 arenas, including the LBR, were proposed to be included in the regional solution, because deficits of all 10 are currently unfairly only the responsibility of the host municipality. The LBR did participate in this regional approach via a meeting in March 2019, during which commitment was provided to City staff and the Fundy Region Services Commission to provide LBR participant usage data for the 2018-2019 season. Following unsuccessful attempts to reach regional consensus, Common Council directed City staff to pursue a Non -Resident User Fee approach as of May 1, 2019. The rationale provided by City staff, as considered by Common Council in providing its direction to pursue this approach, was the fact that City taxpayers should not unfairly contribute to non-resident use of City arenas. The Non - Resident User Fees ensured regional users would contribute closer to their share of the cost to operate City arenas based on usage, by contributing both through subsidized hourly rates (typically embedded in registration fees paid to a league) and their share of the resulting operating deficit. The LBR also runs an annual operating deficit in part because it provides subsidized hourly rates. It was City staff's vision that non-resident participants of the LBR, in addition to the other four city -owned arenas, would pay the Non -Resident User Fee through the Recreation Card Program. City staff was aware the LBR's Board of Trustees would need to participate in the Recreation Card Program, because of its jurisdiction over operating the rink. City staff have made early and numerous attempts to identify the Board's commitment to participate in the Recreation Card Program. City staff has failed to confirm the Board's level of commitment to date. Specific Commitments Requested of the LBR Board of Trustees The commitments requested of the Board of Trustees, as detailed in the letters attached to this report, are summarized as follows: • Collect and provide to the City residency data of groups that rent ice at the LBR (for the 2019-2020 season); • Participate in or allow City staff to complete spot checks at the LBR to confirm participants obtained a Recreation Card from the City; • Apply Council -approved financial penalties to groups when participants are discovered playing without obtaining a Recreation Card; • Allow the City to post communications pertaining to the Recreation Card Program within the LBR; and • Invite City staff to all future Board meetings. Specifics Around What Happened and When HO'll -5 - There have been some misunderstandings between City staff and the LBR Board in terms of what happened when and why. City staff would like to take this opportunity to outline for Common Council a factual account of events, in chronological order: • Prior to December 2018 — Attempts made by City staff, specifically the Deputy Commissioner, Parks & Recreation ("DC") to the LBR Board Chair to be invited regularly to LBR Board meetings. The DC was invited to the occasional Board meeting. • December 18, 2018 — Following advice from the City Solicitor's Office, the DC sent a letter to the LBR Board (instead of just the Chair) seeking to meet with the Board regularly to enhance communications and collaboration (letter attached). • March 21, 2019 —The DC was invited to and attended an LBR Board meeting, along with a representative of the Fundy Region Services Commission. The meeting was an opportunity to discuss the regional collaborative approach (Regional Ice Strategy). The LBR Board agreed to provide 2018-2019 participant usage data needed to support this collaborative approach (note this request was not related to the Non - Resident User Fee/ Recreation Card Program). • May 1, 2019 — City staff shifted primary focus from the collaborative regional approach to the Non -Resident User Fee/ Recreation Card approach, as per Council direction. • May 2, 2019 —The DC hand delivered a letter to the LBR Board (via its General Manager) to discuss the Board's involvement in the Recreation Card Program (letter attached). • July 10, 2019 — City staff emailed the LBR General Manager asking him to distribute to the Board a letter (attached to the e-mail) with further clarity on the rink's proposed participation in the Recreation Card Program, to advise them of other policy changes recently approved by Council, and to request a meeting to discuss these subjects. (letter attached) • Week of August 19, 2019 —LBR reached out to the DC to advise they plan to invite him to a meeting. The DC asked to avoid the following week for the meeting as he was on vacation. • August 26, 2019 — LBR reached out to the DC advising a meeting is arranged for August 29, 2019. The DC was on vacation but was able to contact the Commissioner, Transportation & Environment Services to confirm his attendance in the DC's absence. • August 29, 2019 — Commissioner, Transportation & Environment Services met with LBR Board in the DC's absence and also presented another written request to the Board (letter attached). The LBR Board did not provide its level of commitment to the Recreation Card Program for the Commissioner at the meeting but indicated the Board would discuss. • September 19, 2019 —The DC contacted the LBR Board Chair and GM asking for an update following the August 29, 2019 meeting. (This [330 -6 - followed a similar September 12 e-mail.) LBR Board Chair contacted the DC but did not confirm the Board made a decision on its level of support for the Recreation Card Program. LBR Board Chair did not recall attempts by the DC to discuss the Program before the August 29, 2019 meeting, referring only to the March meeting and request. (Note the DC e-mailed the previous letters to the Chair and GM the following day, September 20, 2019). The DC was contacted later in the day on September 191h that the Board will be meeting the same day to discuss the DC's request. The GM advised a letter would be sent to the City as a result of their meeting. • September 25, 2019 —The DC e-mailed the LBR Board and Chair asking for an update on when the letter from the Board would be available, asking the letter be provided by October 1, 2019. • October 3, 2019 —The DC emailed another letter to the LBR Board Chair and GM asking the letter be distributed to the Board. (letter attached) • October 3-4, 2019 — LBR General Manager advised DC via e-mail that a letter had been sent to the City, further clarifying the letter was believed to be sent to City Councillors. • October 7, 2019 — Chair of LBR Board phoned the DC confirming a letter was sent to City Councillors and a meeting was being arranged with those Councillors. DC asked whether the Board intends to meet with City staff to discuss the Recreation Card Program. The Chair did not confirm intentions to meet with staff but instead planned to meet with City Councillors first then decide next steps. In addition to the above events, the DC made other attempts to contact the LBR including phone calls and visits to the rink. With City staff's failure to secure the Board's commitment to the City's Recreation Card Program since efforts started in May 2019, staff believe at this point it is appropriate for Common Council to request the LBR to either participate in the Program or implement other measures to reconcile non- resident use of the rink. City staff notes that regular meetings with the Board would have assisted in avoiding miscommunications and significant staff effort in attempting to communicate with them. STRATEGIC ALIGNMENT Regional contributions that align with regional use of City services and facilities, including City taxpayer funded arenas, supports Common Council's pursuit of regionally delivered and funded services. City staff believes it is important to continue to respect the LBR Board of Trustee's jurisdiction over management of operations at the rink as established CE:i.1 in 1983. While City staff has remained available to work with the Board to implement the Recreation Card Program at the rink, the Board could choose to implement other measures to reconcile non-resident use of the LBR while remaining consistent with Common Council's principle of pursuing regionally funded services that are enjoyed regionally. SERVICE AND FINANCIAL OUTCOMES There are believed to be a number of groups that rent ice from the LBR that do not also rent ice at the four other City arenas. Non-resident participants in these groups can play at the LBR without paying their Non -Resident User Fee without the LBR Board of Trustees supporting the Recreation Card Program. For example, if an assumed 100 non-resident participants of leagues were to rent ice time at the LBR and not also at the City's four other arenas (100 being one-fifth of the total non-residents currently expected to require Recreation Cards between the 5 arenas), and the LBR does not require participants to obtain a Recreation Card, then $20,000.00 of arena operating deficits would continue to be subsidized by City taxpayers for non-resident use of that facility. This subsidization would grow to $35,000 in the subsequent 2020-2021 season when the non-resident fee increases from $200 per year to $350 per year. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitors office assisted in drafting the recommended resolutions. The City's Finance Department and Sustainability Team provided advice as well. ATTACHMENTS City staff letters to the LBR Board of Trustees: • December 18, 2018 • May 2, 2019 • July 10, 2019 • August 29, 2019 • October 3, 2019 November 4, 2019 Council presentation y 18 December 2018 Board of Trustees of the Lord Beaverbrook Rink 536 Main St Saint John, NB E2K 1.14 Dear Board of Trustees of the Lord Beaverbrook Rink, RE: Collaboration with the City of Saint John The City of Saint John and you, the Board of Trustees, work very hard to manage five ice rinks effectively. The citizens of Saint John provide Operating and Capital funding for all of these rinks. Working collaboratively between our respective organizations through consistent and focused communication lines, we can ensure all efforts are being made to improve service to our patrons and protect the investments made by Saint John taxpayers. There are many areas where a consistent line of communication would benefit both the City and LBR. The City is maintaining a leadership role in the development of an Ice Strategy with our Regional municipal and Local Service District Service partners; the LBR would play an important role in the implementation of the Strategy. Asset, safety, and financial management policies, operations management, bookings, equipment and material purchases, and marketing are other areas where more consistent collaboration at the Board level would benefit all. I respectfully request an opportunity to meet with the LBR Board to discuss these issues, and other areas where we might collaborate on in the future. Thank you in advance for considering my request. Sincerely, Timothy D. O'Reilly, P.Eng., M.Sc.E. Deputy Commissioner, Parks and Recreation SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L w 4L1 I wwsaintjohn.ca V C.P. 1971 Saint John, N. -B. Canada E21 -4L1 488 Board of Trustees of the Lord Beaverbrook Rink 536 Main St Saint John, NB E2K 1J4 Dear Board of Trustees of the Lord Beaverbrook Rink, RE: Collaboration with the City of Saint John Thank you for allowing me to attend your 21 March Board meeting. As a follow-up from that meeting and from my previous correspondence from December (attached), I request to be given the opportunity to be present at future Board meetings, including your next meeting, and to be provided a meeting agenda in advance if and when possible. There remain opportunities to enhance collaboration through consistent dialogue. There is a timely need for the Lord Beaverbrook Rink to participate in the City's review and updating of our Recreation User Fees, including a plan to recover Non -Resident User Fees. In our developing plan we have already identified two tasks that will require the Lord Beaverbrook Rink's involvement. I request to be given an opportunity to update your Board on this project and your involvement at your next meeting. Thank you in advance for considering my requests. Sincerely, Timothy D. O'Reilly, P.Eng., M.Sc.E. Deputy Commissioner, Parks and Recreation C.C. John Collin, City Manager Michael Hugenholtz, Commissioner, Transportation & Environment Services &I SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 40 H-110.1 1$ December 2018 Board of Trustees of the Lord Beaverbrook Rink S36 Main St Saint John, IAB E2K 1.14 Dear Board of Trustees of the Lord Beaverbrook Rink, RE: Collaboration with the City of Saint John The City of Saint John and you, the Board of Trustees, work very hard to manage five ice rinks effectively. The citizens of Saint John provide Operating and Capital funding for all of these rinks, Working collaboratively between our respective organizations through consistent and focused communication lines, we can ensure all efforts are being made to improve service to our patrons and protect the investments made by Saint John taxpayers. There are many areas where a consistent line of communication would benefit both the City and LBR. The City is maintaining a leadership role in the development of an Ice Strategy with our Regional municipal and Local Service District Service partners; the LBR would play an important role in the implementation of the Strategy. Asset, safety, and financial management policies, operations management, bookings, equipment and material purchases, and marketing are other areas where more consistent collaboration at the Board level would benefit all. I respectfully request an opportunity to meet with the LBR Board to discuss these issues, and other areas where we might collaborate on in the future. Thank you in advance for considering my request. Sincerely, Timothy D. O'Reilly, P.Eng., M.Sc.E, Deputy Commissioner, Parks and Recreation SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21-41-1 1 www.saintjohn.ca � C.P.1971 Saint John, N. -B. Canada E21- 41.1 1116-I97 10 July 2019 Board of Trustees of the lord Beaverbrook Rink 536 Main St Saint John, NB E2K 1J4 Dear Board of Trustees of the Lord Beaverbrook Rink, RE: City of Saint John Arena Fee Policy Changes As a follow-up to my 2 May 2019 letter, the City of Saint John is implementing arena fee policy changes including a new Recreation Card & Non -Resident User Fee Program that will require coordination with the Lord Beaverbrook Rink. This new program will require certain resident and non-resident users of the four city -operated arenas and the Lord Beaverbrook Rink to acquire a Recreation Card with non-residents paying a fee for them. I would like to discuss with the Board a couple of specific requirements of the LBR to support this program as follows: • Collection of residency information on ice users — Please require certain groups that rent ice from the LBR acquire residency data from their participants. Please then provide this data to the City by end of November. We will need this information for Recreation Card verification. Groups are being reminded to allow their participants the option of providing informed consent to turn their residency data over to the City; the LBR is requested to do the same. One potential risk is that City residents may be inadvertently charged the Non -Resident User Fee where proof of residence cannot be adequately confirmed. • Arena Spot Checks —Participate in or allow City staff to complete random visits to the LBR to verify users participating in ice sports at the LBR have a Recreation Card and/or valid Recreation Card number. Common Council has also supported other arena fee policy changes at their latest meeting on 8 July. Included in these changes is the elimination of the Youth Ice Sports Subsidy that will impact the LBR. The City used a portion of this subsidy (approximately $5000.00 annually) to offset half the cost of high school hockey games on Wednesday evenings at the LBR. This funding will no longer be available and therefore the high schools would need to pay the full cost of rentals directly to the LBR. & - - - ------ I - - --- - --------- - ----- I -------- I ------ - ------------ ------------------ __", SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2LA) a vw+rw.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 40 I would like to meet with the Board at your earliest convenience to review these changes, discuss other related policy changes, discuss developments on regional) contributions to City arenas since we met in March, and provide an opportunity for general discussion and to answer your questions. I would also like to confirm the LBR Board's support to invite me to all future Board meetings. The LBR is a fantastic recreational asset in the City and you should be proud of it. Only win-win outcomes can be achieved through more consistent dialogue in managing our similar recreation facilities, Sincerely, Timothy D. O'Reilly, P.Eng., M.Sc.E. Deputy Commissioner, Parks and Recreation C.C. John Collin, City Manager Michael Hugenholtz, Commissioner, Transportation & Environment Services 29 August 2019 Board of Trustees of the Lord Beaverbrook Rink 536 Main St Saint John, NB E2K 1.14 Dear Board of Trustees of the Lord Beaverbrook Rink, RE: City of Saint John Recreation Card Program As a follow-up to my 10 July 2019 letter, the City of Saint John is implementing arena fee policy changes including a new Recreation Card & Non -Resident User Fee Program that will require coordination with the Lord Beaverbrook Rink. The purpose of this new program is to achieve a more fair balance of cost recovery between participants and City of Saint John taxpayers for non-residents. This new program will require certain resident and non-resident users of the four city -operated arenas and the Lord Beaverbrook Rink to acquire a Recreation Card with non-residents paying a fee for them. I would like to discuss with the Board a couple of specific requirements of the LBR to support this program as follows: • Collection of residency information of ice users — Please require groups that rent ice from the LBR to submit residency data of their participants. Please provide this data to the City by end of November. We will need this information for Recreation Card verification. Groups are being reminded to allow their participants the option of providing informed consent to turn their residency data over to the City; the LBR is requested to do the same. • Arena Spot Checks — Participate in or allow City staff to complete random visits to the LBR to verify users participating in ice sports at the LBR have a Recreation Card and/or valid Recreation Card number. W`n SAINT JOHN P.O. Box 1971 C.P, 1971 Saint John, NB Saint John, N.A Canada E2L 4L1 Canada E2L 4L1 www.49�ohn.ca Apply noncompliance fees to organizations/leagues or teams that have identified individuals that have not obtained a recreation card. Once residency information is collected, it will be cross-referenced with City records of who obtained Recreation Cards. City staff will identify those individuals who have not obtained a card. The booking contact will be notified and groups will be given a timeframe to have their participant comply. If they do not comply, a fee of $300 will be added to the seasonal ice invoice. Post Recreation Card Program communications in and around the Lord Beaverbrook arena. I would like to meet with the Board at your earliest convenience to review these changes, discuss other related policy changes, discuss developments on regional contributions to City arenas since we met in March, and provide an opportunity for general discussion and to answer your questions. I would also like to confirm the LBR Board's support to invite me to all future Board meetings. The LBR is a fantastic recreational asset in the City and you should be proud of it. Only win-win outcomes can be achieved through more consistent dialogue in managing our simitar recreation facilities. Sincerely, .r '(",Timothy O'Reilly! .Eng., M.Sc.E. Deputy Commissioner, Parks and Recreation c.c. John Collin, City Manager Michael Hugenholtz, Commissioner, Transportation & Environment Services 3 October 2019 Board of Trustees of the Lord Beaverbrook Rink 536 Main St Saint John, NB E2K 1.14 Dear Board of Trustees of the Lord Beaverbrook Rink, RE: City of Saint John Recreation Card Program and Regular Communications The City of Saint John has yet to receive confirmation from the Lord Beaverbrook Rink Board of Trustees' regarding (1) your level of support for our Recreation Card Program endorsed by Saint John Common Council, and (2) an offer for the undersigned to be invited regularly to your meetings to improve communications generally. We will need to update our Common Council on the status of our requests to the Board soon as we are now implementing the Recreation Card Program. We are attempting to avoid assuming the Board's position, but at some point we must do so in the absence of clarity. We believe, as City staff, we have made significant efforts to communicate with the Board. In addition to phone calls and e-mails, we have made formal written requests to the Board in May, July, and August 2019. In a meeting with City staff in August 2019, the Board advised it was not yet in a position to confirm its level of support. We understand the Board met September 19, 2019 to discuss our requests but we have not yet received written correspondence from the Board as indicated would occur. It is now two weeks since your September meeting, more than a month since our August meeting, five months since we first requested the Board's engagement in developing the Recreation Card Program, and longer since we first suggested being invited to your meetings regularly. Our City Manager, John Collin, has remained briefed on the status of this file. He agrees with the importance of City staff taking all reasonable steps in seeking clarity from the Board of Trustees. He is now asking to meet with the Board if this can be arranged prior to receiving the Board's correspondence from your September meeting. Please contact the undersigned via e- mail at tim.oreilly@saintlohn.ca if and when the Board's written response is available and with options if and when the Board is able to meet with our City Manager. Page 1 of 2 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2 495w : L1 I wwsaintjohn.ca � C.P. 1971 Saint John, NB. Canada EX 4 ,W. To be clear, we do intend to brief Common Council at the earliest opportunity and we prefer to receive clarity from the Board before doing so. Sincerely, ell Timothy D. O'Reilly, P.Eng., M.Sc.E. Deputy Commissioner, Parks and Recreation C.C. John Collin, City Manager Michael Hugenholtz, Commissioner, Transportation & Environment Services Page 2 of 2 C16 -Z-1 0 is r w 0 I u O hL.- U m m E m t�A O ca U O 4-jm Q) U Q) ryC UO Q) C �U r O C �U M r DC O O C) Q) M Q) m O 1 N O ca r14 r14 r14 r14 Ol U �. O O N cu cu cu w cu cu cu W U N OU ca U U Q•— Q • O v U _ O LO C6 cn 4-j Q a--+ T V / N 00 N �a�j m r-10 N a--+ C6 � 00 O Ln � � o Ol Ol U 00 0 0 0 CU N N N Q `^ Q0 T V / U N N N o o ca N bA bn =3 Q =3 Q UO O Q) E E 0 U Q) ryC M a --J (Y) 0 LO October 30, 2019 Mayor Don Darling and Common Council City of Saint John PO Box 1971 Saint John, New Brunswick E21- 4L1 Dear Mayor Don Darling and Members of Common Council: On behalf of the more than 650 businesses that are members of the Uptown Saint John Business Improvement Area, we want to add our voice to the recent conversation regarding city infrastructure projects taking place in the Uptown area. First, we recognize that these infrastructure projects are badly needed, and that projects of this nature are bound to cause temporary inconvenience to business owners and residents in the area. We appreciate the recapitalization and the commitment to improve uptown Saint John and thank you for your services. Regarding future development and/or construction schedules, the Business Improvement Association would very much like to assist in providing preparedness to the business community and residents alike. We look forward to working with you in the future to ensure our common communication goals are delivered. Yours truly, d.,. Nancy: issingto Executive Director Iove.life•uptown 17 Canterbury Street, Suite 180, Saint John, NB E21- 2C3 504 506.633.9797 1 uptownsj.com 9 (@uptowns] November 4, 2019 Deputy Mayor and Councillors Subject: Independent Business Valuation of Saint John Energy's Growth Agenda The Committee of the Whole, having met on November 4th, 2019, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on November 4, 2019 Common Council: 1. Authorize the Mayor and Common Clerk to execute the submitted Letter of Engagement dated October 30th, 2019 (Attachment Q 2. Approve a maximum of $50,000 be allocated from the Restructuring Reserve Fund to support the Independent Business Valuation of Saint John Energy's Growth Agenda, only to be used if there are insufficient operating funds remaining in the 2019 budget to offset the associated Deloitte engagement costs. Sincerely, r Don Darling Mayor (P* - SAINT JOHN P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1 179191 1 41 PUBLIC REPORT FROM COMMITTEE OF THE WHOLE M&C No. 2019-284 Report Date October 31, 2019 Meeting Date November 04, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Independent Business Valuation of Saint John Energy's Growth Agenda AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Neil Jacobsen Neil Jacobsen John Collin REPORT SUMMARY A final version of the Sustaining Saint John —A Three -Part Plan was approved by the Provincial Cabinet and Saint John Common Council on August 19, 2019, and released to the community and general public on the same day. The plan includes 20 distinct sustainability action items. Some 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 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. The Sustaining Saint John —A Three -Part Plan includes a specific Action Item requiring the completion of an independent business valuation of Saint John Energy's Growth Agenda. Action Item: 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 61191.1 province will also work with the city to permit its municipal electric utility to return surpluses to the local government. The final version of the Sustaining Saint John -A Three -Part Plan is available at: https://www2.gnb.ca/content/dam/gnb/Departments/eco-bce/pdf/SustainingSaintJohn August2019.pdf STRATEGIC ALIGNMENT The actions and outcomes embedded within Sustaining Saint John —A Three - Part Plan are critical to the long-term sustainability and financial viability of the City of Saint John. SERVICE AND FINANCIAL OUTCOMES Potential Impact of Action Item: $17 million (modest) - $48 million (aggressive) revenue cumulatively by 2029 to Saint John. Subject to enabling Government of New Brunswick policy and legislation, revenues could begin flowing in 2020. RECOMMENDATION Steff recommended that the accounting firm Deloitte be retained on a sole - source basis to undertake the independent business valuation of Saint John Energy's Growth Agenda as per Attachments A and B, based on the following criteria: • Through a competitive RFP process, Deloitte currently serves as the City of Saint John's lead auditor, and has a unique lens on the City's structure, operations and financial situation. • Through its local energy practice, Deloitte has a strong understanding New Brunswick's electricity market and current legislative environment. • Deloitte has previously completed preliminary valuation work with respect to Saint John Energy, which provides synergies and cost effectiveness with respect to this project (which will be incremental in nature). • Deloitte has a reputation for professionalism and independence through its accounting, audit and consulting services. N7ir/ Furthermore, it is recommended that Common Council: Authorize the Mayor and Common Clerk to execute the attached Letter of Engagement dated October 30th, 2019 (Attachment B). Approve a maximum of $50,000 be allocated from the Restructuring Reserve Fund to support the Independent Business Valuation of Saint John Energy's Growth Agenda, only to be used if there are insufficient operating funds remaining in the 2019 budget to offset the associated Deloitte engagement costs. Note: The City's Purchasing Department has also been consulted with respect to the recommendation to direct engage Deloitte. Section 158 (1) "Mutual Agreement Permitted", of the Procurement Act permits the City to direct engage for "financial services respecting management of a the entity's financial assets and liabilities, including treasury operations and ancillary advisory and information services..."'. ATTACHMENTS Attachment A: Project Scope Highlights — Independent Business Valuation of Saint John Energy's Growth Agenda Attachment B: Letter of Engagement - Deloitte 61191:3 �p ICITY MANAGER'S OFFICE Date: October 28, 2019 — FINAL VERSION Sustaining Saint John Action Item 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 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 Impact: $17 million (modest) - $48 million (aggressive) revenue cumulatively by 2029 (revenue could begin flowing in 2020) to Saint John. Page 1 1 N7i10.1 Timing Timing: Short-term - present valuation of growth within 2019; any subsequent enabling provisions in legislation within 2020. Revenue flow immediately following any legislative amendments. Third Party Independent Business Valuation — Proposed Project Deliverables The consultant will provide the City of Saint John with: 1. An updated independent valuation (pricing analysis) of Saint John Energy (current state). 2. An independent review of Saint John Energy's proposed Growth Agenda (current state), including both qualitative and quantitative observations regarding its potential for success and associated risks. 3. An independent valuation (pricing analysis) of Saint John Energy including the proposed Growth Agenda. Recommended Third Party Resource It is recommended that the accounting firm Deloitte be retained on a sole -source basis based on the following criteria: • Through a competitive RFP process, Deloitte currently serves as the City of Saint John's lead auditor, and has a unique lens on the City's structure, operations and financial situation. • Through its local energy practice, Deloitte has a strong understanding New Brunswick's electricity market and current legislative environment. • Deloitte has previously completed preliminary valuation work with respect to Saint John Energy, which provides synergies and cost effectiveness with respect to this project (which will be incremental in nature). • Deloitte has a reputation for professionalism and independence through its accounting, audit and consulting services. Page 1 2 N7d97 October 30th, 2019 Private and confidential Mr. Neil Jacobsen Deputy City Manager City of Saint John 15 Market Square Saint John, NB Canada, E2L 4LI Subject: SJE Growth Agenda Review & Pricing Analysis Support Dear Mr. Jacobsen: Deloitte LLP 44 Chipman Hill, 7th Floor Brunswick House Saint John, NB E2L 5B2 Canada Tel: 506-632-1080 Fax: 506-632-1210 www.deloitte.ca Further to our recent conversations, we understand that the City of Saint John ("Saint John" or "the City") is looking to engage Deloitte LLP, ("Deloitte") to conduct a review of Saint John Energy's ("SIE") Growth Agenda that identifies a series of energy-related products and services, which would generate income for the utility along with a pricing analysis. Based on our relationship with the City and SIE we are uniquely positioned to provide value through this engagement. • Lead Auditor: Our experience as the City's lead auditor allows us to bring a unique lens on the City's structure, operations, and financial situation. • Relevant Subject Matter Expertise: We have extensive experience and knowledge of the New Brunswick electricity market and current legislative environment. • Independence & Reputation: We have a strong reputation for professionalism and independence through our accounting, audit. and consulting services. In this letter, we summarize our response to your request including our proposed approach, team and professional fees. Objectives and deliverables The objectives of the work are to: • Understand the current value of SIE • Review and assess SIE Growth Agenda to understand the financial considerations and potential economic impacts. • Understand the value of SIE, including the proposed Growth Agenda. We will provide: 1. Report #1 - A summary report on the current state pricing analysis report which includes: a. Normalized operating results b. Market research & pricing comparable c. Market-based pricing analysis for SIE 511 City of Saint John - SIE Growth Agenda Review & Pricing Analysis Support October 30, 2019 Page 2 2. Report #2 - A summary report of our assessment of SJE's Growth Agenda which includes: a. Growth agenda summary b. Benchmarking results c. Working session outputs d. Economic impact commentary summary 3. Report #3 - An updated summary report on the pricing analysis for SIE which includes: a. Updated pricing analysis Proposed Approach We recommend a three -phased approach that will span across 3 to 5 weeks: Phase 1 - Current State Pricing Analysis (2 - 3 weeks) • Conduct a kick-off meeting with select stakeholders within SIE. • Review and align on pricing analysis structure, information request, and expected outputs. • Leverage and update the previous pricing analysis performed in 2016. • Obtain and review SJE's historical financial results. • Identify normalization adjustments required for a third party pricing view. • Conduct research on market and trading multiples of publically traded utilities. • Determine pricing metrics most relevant and appropriate for application to SIE. • Apply market and trading multiples to current operating results on a normalized basis. • Summarize analysis and results into a report format. • Review the report with members of the City. (Report #1) Phase 2 - Growth Agenda Assessment (2 - 3 weeks) • Conduct a kick-off meeting with select stakeholders within SIE. • Obtain and review SJE's growth agenda plans. • Assess growth agenda assumptions, timing, and risks against a selected benchmark of industry peers. • Conduct working session with select stakeholders within SIE to: o Review our understanding and share benchmarking results. o Discuss key elements of the growth plan from a quantitative perspective including: amount, timing risk, challenges, and opportunities. • Coordinate with various economic development agencies and industry associations to obtain commentary in respect to the potential direct and indirect economic impacts associated with SJE's Growth Agenda. • Summarize analysis and working session outputs into a report format. • Review assessment with members of the City and SIE. (Report #2) Phase 3 - Updated Pricing Analysis (2 weeks) • Conduct a kick-off meeting with select stakeholders within the City. • Obtain and review the relevant financial components related to the growth agenda including cash flows, capital expenditures, assumptions, etc. • Update pricing analysis completed in section #1 to include projected cash flows associated with SJE's growth plans and associated market based adjustments for risk, timing, etc. • Compare differences to base pricing analysis to isolate cash flow / value impact of SJE's growth plans. • Summarize analysis and results into a report format. • Review the report with members of the City and SIE. (Report #3) Should our approach or the scope of service change, we will document the change in writing to the City and work with the City to determine the implications to our fees. If Deloitte is requested to R'sM City of Saint John - SIE Growth Agenda Review & Pricing Analysis Support October 30, 2019 Page 3 perform additional services to those described above, the terms and conditions, relating to such services will be outlined in a separate letter of agreement and the fees for such services will be negotiated separately. Management responsibilities The City recognizes and acknowledges that by performing the services, Deloitte is not acting in any City management capacity and that the City has not asked Deloitte to make, nor has Deloitte agreed to make, any business decisions on behalf of the City. In connection with Deloitte's provision of services, you agree that you will perform the tasks, furnish the personnel, provide the resources, and assume and undertake the responsibilities specified below and in the General Business Terms ("City Responsibilities"). We expect a single resource to provide support throughout the project. This resource will help to coordinate interviews with members of the City and provide access to internal resources and data as required. Our other expectations of the City are as follows: • Define the Project Steering committee prior to kick off. • Provide access to any existing research and materials that will contribute to the project. • Facilitate access to stakeholders and provide contact details as requested. • Set up interviews with stakeholders. • Agree on the scope of the research and the key questions that we are to address. • Provide timely feedback on materials that we present. • Provide timely decisions on any issues. • Be available for critical meetings and updates. • Comment on initial insights early in the process and provide timely decisions on any issues. • Collaborate on the development of the execution playbook's elements. • Review and provide timely feedback on the draft report. • Approve the final deliverables and sign -off project completion. Timing/duration of engagement Notwithstanding the General Business Terms, this engagement shall become effective on the date signed by the City (the "Effective Date"), unless otherwise agreed in writing. The engagement shall commence on the Effective Date and terminate on the completion of Deloitte's Services hereunder ("End Date"). We expect this project to span across 6 to 8 weeks to allow for your review and assimilation of the findings and recommendations. We will work with you in the development of the work plan to confirm the timeline for key milestones in the project including: • Kick off meeting • Weekly checkpoint meetings • Delivery of the draft reports Reporting We will communicate the status of our work to you on a weekly basis throughout the engagement. Upon completion of the engagement, we will present our findings to you in a written report. The City agrees that any written reports, schedules or other materials, or documents prepared or provided by Deloitte are to be used only for the purpose of the engagement and will not be disclosed, published, or used, in whole or in part, by the City for any other purpose without Deloitte's prior written permission. N7dc3 City of Saint John - SIE Growth Agenda Review & Pricing Analysis Support October 30, 2019 Page 4 Engagement team This engagement will be under the direction of Jonathan Calabrese who will maintain overall responsibility for the engagement on behalf of Deloitte. Derek Fitzgerald will coordinate daily management of the engagement activities performed by Wade Williams. Other team members and subject matter experts ("SME") include: Paul Bradley, Greg MacQuarrie and Nicole Carruthers. Detailed resumes are provided in Appendix A. Professional fees Our goal is to ensure you receive full value for the services we provide. To that end, we will establish a budget for the services, as detailed above, for professional fees of $45,000 to 65,000. We will only bill for time incurred and should anything come to our attention which could impact this budget we will notify you immediately and will not incur any time in excess of the agreed upon budget without your consent. In addition to professional time, our invoices will also carry our standard charge of 7% of professional fees for technology, support personnel, telecom, printing and other similar administrative charges. Out-of-pocket expenses, which we expect to be less than 5% of total fees, shall be invoiced separately each month. Should expenses be expected to be greater we will obtain pre -approval from you in advance. If Deloitte is requested to provide services in addition to the Services outlined in this engagement letter, we will agree any additional fees with you prior to the commencement of any additional services. Disclosure of relationships An internal search of Deloitte records was performed for any potential City conflicts. We inform you that, based on our conflicts search, we are not aware of any conflict that would affect our ability to act impartially. Disclosure of the engagement Following completion of the engagement, Deloitte and the Deloitte Entities (defined in the General Business Terms) shall be permitted to disclose to third parties, the City name, a summary of the services, each Deloitte Entities role in providing the services and the results achieved. We may use this information in proposals for future work and presentations regarding industry qualifications. We will obtain prior approval from the City prior to using this information in public print media or electronic publication media. General business terms The attached General Business Terms form part of our mutual agreement concerning this engagement. By signing this agreement the parties agree to be bound by these General Business Terms. In the event of a conflict between this letter and the General Business Terms, the General Business Terms shall take precedence, provided that if the letter specifically states that a particular term shall take precedence over the General Business Terms, the letter shall take precedence with respect to that term. MEM City of Saint John - SIE Growth Agenda Review & Pricing Analysis Support October 30, 2019 Page 5 Confirmation Please confirm your acceptance of this agreement by signing in the space provided below and returning one signed copy of the letter to us. We will commence the engagement upon receiving the signed letter. We appreciate this opportunity to serve you. Should you have any questions, please call me at 506- 663-6614. Yours sincerely, Jonathan Calabrese, CPA, CA Partner - Financial Advisory Services Deloitte LLP Agreed and accepted by: City of Saint John Signature of authorized signing officer Name Title Date R'sM General business terms The following general business terms (the "terms") apply to the engagement agreement between Deloitte LLP ("Deloitte") and the City of Saint John (the "City") except as otherwise included in the engagement letter to which these general business terms are attached (the "engagement letter"). 1. Contracting parties a) Definitions: "Deloitte" or "Deloitte Canada" shall mean Deloitte LLP "Deloitte Entities" shall mean the Ontario limited liability partnership Deloitte LLP and where appropriate its directors, officers, partners, principals, professional corporations, employees, agents, subsidiaries and affiliates and to the extent providing services under the engagement letter, the member firms of Deloitte Touche Tohmatsu Limited, the subsidiaries and affiliates of such member firms, and all of their respective directors, officers, partners, principals, professional corporations, employees, agents; and in all cases any successor or assignee. b) This engagement letter is between the City and Deloitte Canada. The City agrees that its relationship is solely with Deloitte Canada as the entity contracting with the City to provide the services covered by this engagement letter. Notwithstanding the fact that certain services covered by this engagement letter may be carried out by personnel provided to Deloitte Canada from other Deloitte Entities through service or other agreements, Deloitte Canada remains solely responsible and liable to the City for all services covered by the engagement letter. Accordingly, the City agrees that none of the Deloitte Entities (except Deloitte Canada) will have any liability to the City, and the City will not bring any claims or proceedings of any nature (whether in contract, tort, breach of statutory duty, or otherwise and including, but not limited to, a claim or negligence) in any way in respect of or in connection with this engagement against any of the Deloitte Entities (except Deloitte Canada) or against any subcontractors that Deloitte Canada may use to provide the services covered by this engagement letter. c) To the extent that Deloitte Entities (other than Deloitte Canada) are providing services to Deloitte Canada in connection with this engagement as subcontractors to Deloitte Canada, then the term "Deloitte" should read as "Deloitte Entities" for purposes of these Terms. 2. Services a) It is understood and agreed that the services to be provided under the Engagement Letter (the "Services") may include advice and recommendations, but all decisions in connection with the implementation of such advice and recommendations shall be the responsibility of, and be made by, the City. In connection with the Services, Deloitte shall be entitled to rely on all decisions and approvals of the City. b) The Services conducted by Deloitte cannot be relied upon to disclose errors or fraud should they exist. The Services will not constitute an audit conducted in accordance with generally accepted auditing standards, an examination or compilation of, or the performance of agreed upon procedures with respect to prospective financial information, an examination of or any other form of assurance with respect to internal controls, or other attestation or review services in accordance with standards or rules established by the Chartered Professional Accountants of Canada ("CPA Canada"), the Canadian Public Accountability Board ("CPAB"), or other regulatory body. Deloitte will not express an opinion or any other form of assurance on any operating or internal controls, financial statements, forecasts, projections or other financial information. N'5C:1 General business terms Page 2 c) Neither the Services or any advice or reports in connection therewith are intended to be, nor shall be construed to be, "investment advice" within the meaning of the US Investment Advisors Act of 1940. In the performance of the Services, Deloitte will not perform any evaluation of internal controls and procedures for financial reporting upon which the City's management can base its assertion in connection with the US Sarbanes-Oxley Act of 2002 or related rules or regulations ("Sarbanes-Oxley"). Deloitte will make no representations or warranties and will provide no assurances that the City's disclosure controls and procedures are compliant with the certification requirements of and internal controls and procedures for financial reporting are effective as required by Sarbanes-Oxley or any other standards or rules, including, without limitation, Sections 302 and 404 of Sarbanes-Oxley. 3. Term Unless terminated sooner in accordance with its terms, this engagement shall terminate on the completion of the Services. Either party may terminate this engagement at any time upon giving at least five (5) days written notice to that effect to the other party, provided that in the event of termination for cause, the breaching party shall have the right to cure the breach within the notice period. In the event of termination pursuant to this paragraph, the City agrees to compensate Deloitte Canada under the terms of the Engagement Letter for Services performed and expenses incurred through the effective date of termination. 4. Timely performance Deloitte will endeavour to complete within any agreed upon time -frame the performance of the Services. However, Deloitte will not be liable for failures or delays in performance that arise from causes beyond Deloitte's control, including the untimely performance by City of its obligations as set out in the engagement letter and in these Terms. S. Fees and payment a) Unless otherwise specifically agreed in the engagement letter, Deloitte's fees will be based on standard hourly rates, which vary depending upon the experience level of the professionals involved. In the normal course of business, Deloitte revises its standard hourly rates to reflect changes in responsibilities, increased experience, and increased costs of doing business. Changes in standard hourly rates will be noted on the invoices for the first time period in which the revised rates become effective. b) In addition to professional fees, the City will reimburse Deloitte Canada for Deloitte's reasonable out of pocket expenses incurred in connection with this engagement, including travel, meals, hotels and disbursements for outside legal counsel or any other consultants engaged by Deloitte with the prior consent of City. Deloitte invoices will also include our standard charge of 7% of professional fees for technology, support personnel, telecom, printing and other similar administrative charges. Expenses will be stated separately on the invoices. c) All fees and other charges do not include any applicable federal, provincial or other goods and services or sales taxes, or any other taxes or duties whether presently in force or imposed in the future. Any such taxes or duties shall be assumed and paid by the City without deduction from the fees and charges hereunder. d) Invoices will be rendered on a regular basis as the engagement progresses. All invoices shall be due and payable when rendered. Without limiting its rights or remedies, Deloitte shall have the right to halt or terminate its services entirely if payment is not received within thirty (30) R's rA General business terms Page 3 days of the invoice date. Interest shall be calculated at a simple daily rate of 0.0493% (equivalent to 18% per annum). Interest shall be charged and payable at this rate on any part of an invoice that remains unpaid from thirty (30) days after the invoice date to the date on which the outstanding invoice is paid. e) To the extent that, as part of the Services to be performed by Deloitte Canada as described in the engagement letter, Deloitte Canada personnel are required to perform the services in the United States of America ("US Business"), the City and Deloitte Canada agree to assign performance of the US Business to Deloitte Canada LLP, an affiliate of Deloitte Canada. All services performed by Deloitte Canada LLP shall be performed under the direction of Deloitte Canada which shall remain responsible to the City for such Services. Deloitte Canada LLP shall invoice the City with respect to the US Business and Deloitte Canada will invoice for services performed in Canada ("Canadian Business"). Payment for US business and/or Canadian Business can be settled with one payment to Deloitte Canada. 6. Independence a) Deloitte Canada may terminate this engagement upon written notice to the City if it determines that (i) a governmental, regulatory or professional entity (including, without limitation, provincial accounting institutes, Canadian and foreign securities commissions, the Canadian Public Accountability Board and the Public City Accounting Oversight Board) or an entity having the force of law has introduced a new, or modified an existing, law, rule, regulation, interpretation or decision the result of which would render the performance by Deloitte of any part of the engagement illegal or otherwise unlawful or in conflict with independence or professional rules, or (ii) circumstances change (including, without limitation, changes in ownership of the City or any of its affiliates) such that the performance by Deloitte of any part of the engagement would be illegal or otherwise unlawful or in conflict with independence or professional rules. Upon termination of the engagement, the City will compensate Deloitte Canada under the terms of the Engagement Letter for the Services performed and expenses incurred through the effective date of termination. b) The City shall provide Deloitte Canada with prompt written notice if the City or any of its subsidiaries or affiliates engages Deloitte Canada, a member firm of Deloitte Touche Tohmatsu Limited or any affiliate of such a member firm to provide audit related services. In the event that Deloitte, a member firm of Deloitte Touche Tohmatsu Limited or any affiliate of such a member firm, provides audit services for City, parent of City or affiliate of City, City acknowledges that City has adhered to all regulatory requirements regarding the provision of non -audit services by Deloitte Canada, member firm of Deloitte Touche Tohmatsu Limited or any affiliate of such a member firm in accordance with applicable laws, regulations and rules that apply to the City, including audit committee pre -approval requirements. 7. Conflict of interest a) Notification and resolution. Should Deloitte Canada determine that there is a potential conflict of interest in connection with its performance of the Services, Deloitte Canada will advise the City promptly and endeavour to resolve such potential conflict. Also, the City agrees to notify Deloitte Canada promptly of any potential conflict affecting this engagement of which it is, or becomes aware. Where a potential conflict is identified by either party and Deloitte Canada believes the City's interests can be properly safeguarded by the implementation of appropriate procedures, Deloitte Canada will discuss and agree such procedures with the City. R's F-11 General business terms Page 4 b) Non -exclusivity. Having engaged Deloitte Canada for the limited purpose set out in the engagement letter, the City agrees on behalf of itself and its affiliates that no Deloitte Entity is precluded from acting in any capacity for any other party and that the City's engagement of Deloitte Canada in this matter will not be asserted by the City as a basis for disqualifying Deloitte Canada, an affiliate of Deloitte Canada or a member firm of Deloitte Touche Tohmatsu Limited or any of their respective affiliates from acting for any other party. The City agrees to waive any real or potential conflict of interest of Deloitte Canada, an affiliate of Deloitte Canada or a member firm of Deloitte Touche Tohmatsu Limited or any of their respective affiliates in connection with Deloitte's Services for the City under the terms of the Engagement Letter. In the event that Deloitte Canada, an affiliate of Deloitte Canada or a member firm of Deloitte Touche Tohmatsu Limited or any of their respective affiliates acts for any other party, (i) Deloitte will not disclose any Confidential Information (defined below) that the City provides to Deloitte in connection with this engagement and will not use such Confidential Information for another party's benefit, and (ii) Deloitte will establish appropriate ethical walls between the persons involved in advising the City under this engagement and the persons involved in advising another party. S. City responsibilities a) Cooperation. The City shall cooperate with Deloitte in the performance of the Services, including, without limitation, providing Deloitte with reasonable facilities and timely access to data, information and personnel of the City. The City shall be responsible for the performance of its personnel and agents and for the accuracy and completeness of all data and information provided to Deloitte for purposes of the performance by Deloitte of the Services hereunder. b) Management. The City shall be solely responsible for, among other things: (i) making all management decisions and performing all management functions; (ii) designating a competent management member to oversee the Services; (iii) evaluating the adequacy and results of the Services; (iv) accepting responsibility for the results of the Services; and (v) establishing and maintaining internal controls, including, without limitation, monitoring ongoing activities. 9. Information a) Access and reliance. The City will make available to Deloitte all information (financial or otherwise) reasonably necessary to enable Deloitte to provide the Services. The City will also provide Deloitte with any information, advice and opinions relevant to the engagement that may be delivered by third parties, such as legal counsel (except where necessary to preserve privilege) and accounting, financial, environmental or other advisors, and will ensure that such third parties co-operate with Deloitte on matters considered by Deloitte to be relevant to the engagement. In carrying out its Services, Deloitte will rely on information that is publicly available, prepared or supplied by the City or provided to Deloitte by third parties. Deloitte will be entitled to rely on, and is under no obligation to verify, the accuracy or completeness of such information and Deloitte has no responsibility for the accuracy or completeness of the information provided by, or on behalf of, City or other parties, even if Deloitte had reason to know or should have known of such inaccuracy or incompleteness. This engagement cannot be relied upon to disclose errors or fraud should they exist. Further, Deloitte is under no obligation to investigate any changes that may occur in such information subsequent to the date thereof. N's&61 General business terms Page 5 b) Representation. The City represents and warrants that all information provided to Deloitte, directly or indirectly, orally or in writing, by the City or its agents and advisors in connection with the engagement will be accurate and complete in all material respects and will not be misleading in any material respect. Upon request, the City will provide Deloitte with a separate written representation confirming the accuracy and completeness of the information provided to Deloitte and the information included, or to be included, in any information documents with respect to the City. c) Confidentiality. To the extent that, in connection with this engagement, Deloitte come into possession of any proprietary or confidential information of the City ("Confidential Information") (including Personal Information as defined in section 12 (b) below), Deloitte will not disclose such information to any third party, other than the Deloitte Entities, without the City's consent, except as may be required or permitted by law, regulation, judicial or administrative process, or in accordance with applicable professional standards, or in connection with litigation pertaining thereto. Also, Confidential Information may be used, processed and stored outside Canada by Deloitte, Deloitte Entities and third party service providers. Deloitte is responsible to the Client for causing Deloitte Entities and third party service providers to comply with the obligations of confidentiality set out in this section. Confidential Information may be subject to disclosure in accordance with laws applicable in the jurisdiction in which the information is processed or stored, which laws may not provide the same level of protection under Canadian law. "Confidential Information" shall not include information which: i) shall have otherwise become publicly available (including, without limitation, any information filed with any governmental agency and available to the public) other than as the result of a disclosure by Deloitte in breach hereof; ii) is disclosed by the City to a third party without substantially the same restrictions as set forth herein; iii) becomes available to Deloitte on a non -confidential basis from a source other than the City which Deloitte believes is not prohibited from disclosing such information to Deloitte by obligation to the City; iv) is known by Deloitte prior to its receipt from the City without any obligation of confidentiality with respect thereto; or v) is developed by Deloitte independently of any disclosures made by the City to Deloitte of such information. d) Prospective financial information. Unless Deloitte Canada and the City agree otherwise in the Engagement Letter, Deloitte will not compile, examine or apply other procedures to prospective financial information of the City or other parties in accordance with Chartered Professional Accountants of Canada Standards and accordingly, will express no opinion or any other form of assurance or representations concerning its accuracy, completeness or presentation format. Any financial forecasts or projections belong to the City or other parties and are the sole responsibility of such management. There will usually be differences between projected and actual results, because events and circumstances frequently do not occur as expected or predicted, and those differences may be material. e) Deloitte will not return or provide records or information obtained in the course of the engagement to the City if it is illegal to do so or if Deloitte is requested to withhold the records or information by law enforcement or other public or regulatory authorities (regardless of whether the engagement has been terminated). Now@) General business terms Page 6 10. Reporting a) Qualifications to advice, opinions, and reports. Any advice, opinions, or reports provided by Deloitte will be made subject to, and will be based upon, such assumptions, limitations, qualifications and reservations as Deloitte, in its judgment, deems necessary or prudent in the circumstances, including without limitation: (i) the time available to perform the Services, (ii) the information, data, opinions, advice and representations made available to Deloitte, and (iii) access to the City's management, advisors and agents. b) Amendments to reports. Deloitte reserves the right to amend its advice, opinions, and reports accordingly, in the event that new information becomes available which may be contrary to or different from that which is set out to the City in documents or verbal reports. Notwithstanding the foregoing, Deloitte has no responsibility for performing any services or procedures beyond those agreed to by City and Deloitte Canada or for updating the Services performed. c) Limitation on use and distribution. Except as otherwise agreed in writing, all services in connection with this engagement shall be solely for the City's internal purposes and use, and this engagement does not create privity between Deloitte and any person or party other than the City ("third party"). This engagement is not intended for the express or implied benefit of any third party. No third party is entitled to rely, in any manner or for any purpose, on the advice, opinions, reports, or Services of Deloitte. The City further agrees that the advice, opinions, reports or other materials prepared or provided by Deloitte are to be used only for the purpose contemplated by the Engagement Letter and shall not be distributed to any third party without the prior written consent of Deloitte Canada. d) Ownership. Deloitte shall retain all right, title and interest in the reports, opinions and other documents provided by Deloitte to the City and the City shall be entitled to use such material in accordance with section 10(c). 11. Indemnification and limitation on liability a) Application. The provisions of this Section 11 shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise. This Section shall survive termination or expiry of the engagement. The provisions of this Section are not applicable to the extent that mandatory provisions of applicable regulatory bodies prohibit a professional financial advisor from limiting liability. b) Limitation on liability. The City and Deloitte Canada agree to the following with respect to Deloitte's liability to the City: i) Deloitte shall not be liable to the City for any claims, liabilities, or expenses relating to this engagement for an aggregate amount in excess of the fees paid by the City to Deloitte Canada pursuant to this engagement, except to the extent finally judicially determined to have resulted from the bad faith or intentional misconduct of Deloitte. ii) In no event shall Deloitte be liable for consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense relating to this engagement or any loss of revenue or profit or any other commercial or economic loss or failure to realize expected savings. iii) In any action, claim, loss or damage arising out of the engagement, the City agrees that Deloitte's liability will be several and not joint and several and the City may only claim payment from Deloitte of Deloitte's proportionate share of the total liability based on the degree of fault of Deloitte as finally determined by a court of competent jurisdiction . 521 General business terms Page 7 c) Indemnification. The City agrees to indemnify and hold harmless Deloitte from and against any and all claims, damages, costs, charges, liabilities and expenses, including all legal fees, claimed by any third party relating to the Services provided by Deloitte except to the extent finally judicially determined to have resulted from the bad faith or intentional misconduct by Deloitte. d) Limitation on actions. No action, regardless of form, relating to this engagement, may be brought by either party more than one year after the cause of action has accrued, except for an action for non-payment of fees. 12. Other a) Regulatory or legal action. The City will notify Deloitte Canada promptly of any request received by the City from any third party, including a regulatory authority, for any material information or for a meeting or hearing; the issuance of any restraining order; or the initiation of a proceeding or litigation relating to this engagement. Subject to any professional issues including audit independence, if requested and if the parties agree, Deloitte will testify (as a non expert witness) or provide reasonable support services to the City before any governmental commission, regulatory authority or court. Any such testimony or support services will be confined to the services performed under this engagement. Deloitte shall have the right to employ counsel in connection with such testimony or support services. Deloitte shall be paid for any time spent by its personnel in connection with such support at their standard hourly rates, which shall be separate and apart from any other professional fees payable hereunder. The City shall also reimburse Deloitte for its reasonable out-of-pocket costs, charges and expenses, including legal counsel, incurred in connection therewith. These fees and expenses shall be separate and in addition to any other fees or amounts payable under the provisions for payment of fees in the engagement letter. b) Privacy. Deloitte and the City acknowledge and agree that, during the course of this engagement, Deloitte may collect personal information about identifiable individuals ("Personal Information"), either from the City or from third parties. The City and Deloitte Canada agree that Deloitte will collect, use and disclose Personal Information on behalf of the City solely for purposes related to completing this engagement, providing services to the City and in a manner consistent with section 9(c) above. Deloitte shall not collect, use and disclose such Personal Information for Deloitte's own behalf or for its own purposes. c) Survival and interpretation. The agreements and undertakings of the City contained in the Engagement Letter together with the following sections of these Terms shall survive the expiration or termination of this engagement: 1, 2, 4, 5, 6, 8, 9, 10, 11 and 12. d) Governing law. These Terms, the Engagement Letter and all matters relating to this engagement (whether in contract, statute, tort (such as negligence), or otherwise), shall be governed by, and construed in accordance with, the laws of the Province where Deloitte Canada's principal office performing the engagement is located. Any action or proceeding relating to this engagement shall be brought in the Province where Deloitte Canada's principal office performing the engagement is located, and the parties submit to the jurisdiction of the courts of that Province and waive any defence of inconvenient forum to the maintenance of such action or proceeding. 61% General business terms Page 8 e) Severability. If any provision of the Terms or the Engagement Letter is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein. f) Entire agreement. These Terms and the Engagement Letter is the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, proposals, negotiations, representations or warranties of any kind whether oral or written. g) Assignment. Except as provided below, neither party may assign, transfer or delegate any of its rights or obligations hereunder (including, without limitation, interests or Claims relating to this engagement) without the prior written consent of the other party. Client hereby consents to Deloitte Canada assigning or subcontracting any portion of the Services to any affiliate or related entity, whether located within or outside of Canada, provided that, any such assignment or subcontracting shall not relieve Deloitte Canada of its obligations hereunder. Services performed hereunder by Deloitte Canada's subcontractors shall be invoiced as professional fees on the same basis as Services performed by Deloitte Canada's personnel, unless otherwise agreed. Deloitte Canada may, without the consent of the Client, assign or subcontract its rights and obligations hereunder to (i) any affiliate or related entity or (ii) any entity which acquires all or a substantial part of the assets or business of Deloitte Canada. h) Currency. All financial references herein are to Canadian dollars unless specifically indicated otherwise. If it is necessary to convert any amounts into Canadian dollars, a prevailing commercial bank exchange rate at closing or the time of the invoice shall be used. i) Notices. Any notice or other communication required or permitted to be given under this engagement shall be in writing and shall be sufficiently given or made by delivery or by post or by telecopy or similar facsimile transmission (with confirmation of accurate and complete transmission obtained by the sender) to the respective parties. Any notice so given shall be deemed conclusively to have been given and received when so personally delivered or posted or so telecopied or transmitted, except that any notice delivered after 5:00 p.m. on the day prior to a non -business day shall be deemed to have been received at 9:00 a.m. on the first business day following delivery. Any party may change its address, telephone number or facsimile number by notice to the others in the manner set out above. j) Communication. Except as instructed otherwise in writing, each party may assume that the other approves of properly addressed fax, email (including email exchanged via Internet media) and voicemail communication of both sensitive and non -sensitive documents and other communications concerning this engagement, as well as other means of communication used or accepted by the other. k) Non -solicitation of personnel. Each party acknowledges that the other party's personnel who participate in the engagement are critical to the servicing of its customers. Deloitte and the City agree not to solicit, hire or otherwise retain the other party's engagement team members for a period of six (6) months following any such engagement team member's involvement in the performance of this engagement. This provision may be waived upon written agreement between the parties. This provision shall not restrict the right of either N�j General business terms Page 9 party to solicit or recruit generally in the media or as part of general recruiting efforts by third party recruiters, and shall not prohibit either party from hiring an employee of the other who answers any advertisement, responds to such general recruiting efforts, or who otherwise voluntarily applies for hire without having been initially personally solicited or recruited by Deloitte or the City respectively. 1) Language. The parties have requested that this Agreement and all communications and documents relating hereto be expressed in the English language. Les parties ont exige que la presente convention ainsi que tous les documents s'y rattachant soient rediges dans la Iangue anglaise. m) Quality of Service. If, at any time, you believe our service to you could be improved or if you are dissatisfied with any aspect of our services you should raise the matter with the engagement partner. Alternatively, if you wish to discuss the matter with someone other than the engagement partner, or make a complaint, please email ntlethics@deloitte.ca or call 1 (888) 683-2020 and ask for the National Ethics Leader. We will acknowledge the complaint upon receipt and every effort will be made to investigate expeditously.