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2019-11-18_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, November 18, 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 - November 4, 2019 6-19 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Central Peninsula Secondary Plan, Municipal Plan, Zoning By-law and Heritage 20-31 By-law Amendments Referral Report (Recommendation in Report) 5.2 Cleanup of Unsightly Properties at Various Locations (Recommendation in 32-76 Report) 5.3 Saint John Diocesan Cemeteries Inc. — Holy Cross Cemetery correspondence 77-82 —Approval of Mausoleum (Recommendation in Report) 5.4 Council Members Wage Escalation Clause (Recommendation in Report) 83-86 5.5 West Saint John Drinking Water Transition Schedule Update 87-89 (Recommendation: Receive for Information) 5.6 Microsoft Business and Services Agreement—Annual Update Statements 90-93 (Recommendation in Report) 5.7 Security Information and Event Management (SI EM) Contract Award 94-105 (Recommendation in Report) 106-107 K 5.8 Saint John Hotel Association Sponsorship of Ice Sport Non -Resident User Fees 2019-2020 (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 11. Submissions by Council Members 11.1 Flyer Delivery Bylaw (Councillor Hickey) (Tabled on November 4, 2019) 108-108 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives (Verbal Update) 12.1.1 Presentation (Tabled on November 4, 2019) 109-115 12.2 Sustaining Saint John (Verbal Update) 12.2.1 Sustainability: Process for Approving Initiatives 116-119 12.2.2 Sustaining Saint John — A Three -Part Plan (Status Update) 120-125 12.3 Fire Service Fee Recovery — Sustainability Item 126-129 12.4 Passport to Parks — Sustainability Item (Tabled on November 4, 2019) 130-134 12.5 Lifeguards — Sustainability Item (Tabled on November 4, 2019) 135-139 12.6 Rightsizing Recreation Facilities: Rainbow Park Ice Surface - Sustainability 140-143 Item (Tabled on November 4, 2019) 12.7 Rightsizing Recreation Facilities: Seaside Park Lawn Bowling - Sustainability 144-147 Item 12.8 Playground Program — Sustainability Item 148-153 12.9 Transition to new City Hall Location (Verbal Update) 12.10 Demolition of Vacant, Dilapidated and Dangerous Buildings at 142-144 154-190 Highland Road (PID 55196711) K K3 12.11 Demolition of Vacant, Dilapidated and Dangerous Building at 47-49 Broad 191-221 Street (PID00000778) 12.12 Water & Sewer Rate Study 222-299 12.13 East and West Industrial Raw Water Rate Reports 300-380 12.14 Cities of New Brunswick Association Resolution — Amendments to the 381 -390 Industrial Relations Act 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Saint John Police Association - Code of Conduct Complaint 391 -394 15.2 Saint John Board of Police Commissioners: City of Saint John Wage 395-395 Escalation Policy (Recommendation: Receive for Information) 15.3 Saint John Police Force - 2019 Operating Budget - August Financial Results 396-402 (Recommendation: Receive for Information) 15.4 Ticket Purchase Request: 2019 4Gwanis Club of Saint John Annual Christmas 403-403 Breakfast (Recommendation: Refer to Clerk to purchase tickets for interested Council members) 15.5 CUPE / ATU Local 1182 / Saint John Police Association - Request to Present 404-405 re: Industrial Tax Reform 15.6 ME Carpenter Letter re: Saint John Transit (Recommendation: Receive for 406-406 Information) 15.7 D. Stubbs -Lee - Saint John Transit Cuts (Recommendation: Receive for 407-407 Information and Refer to Transit Commission) 15.8 D. Bowen Letter - 348 Acamac Backland Road 408-409 16. Supplemental Agenda 17. Committee of the Whole 17.1 Lease Termination - The Donut Queen Inc. in the City Market 410-411 17.2 Christmas Events Budget 412-412 18. Adjournment K3 City of Saint John Common Council Meeting Monday, November 18, 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., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Legal Matter 68(1)(f) 1.6 Financial Matter 68(1)(c) 1.7 Financial Matter 68(1)(c,d) 1.8 Employment Matter 68(1)0) 1.9 Personal Matter 68(1)(b) 1.10 Employment Matter 68(1)0) Ville de Saint John S6ance du conseil communal Lundi 18 novembre 2019 18h Salle du conseil communal (salle Ludlow), an 8e 6tage 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 6tage, h6tel de ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Questions financieres — alinea 68(1)c) 1.3 Questions financieres — alinea 68(1)c) 1.4 Questions financieres — alinea 68(1)c) 1.5 Questions juridiques — alinea 68(1)(f) 1.6 Questions financieres — alinea 68(1)c) 1.7 Questions financieres — alineas 68(1)c) et d) 1.8 Question d'emploi — alinea 68(1)j) 1.9 Question personnelle — alinea 68(1)b) 1.1OQuestion d'emploi — alinea 68(1)j) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal de la reunion du 4 novembre 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 Central Peninsula Secondary Plan, Municipal Plan, Zoning By -Law and Heritage By -Law Amendments Referral Report (Recommendation in Report) 5.2 Nettoyage des propriWs inesth&tiques a diff6rents endroits (recommandation contenue dans le rapport) 5.3 Correspondance &chang&e entre le Saint John Diocesan Cemetery Co. Inc. et le cimeti&re Holy Cross — Approbation d'un mausol6e (recommandation contenue dans le rapport) 5.4 Clause d'indexation des salaires dans le cas des membres du Conseil (recommandation contenue dans le rapport) 5.5 Mise a jour du calendrier de transition concernant Peau potable a Saint John Ouest (recommandation : d&p6t pour information) 5.6 Accord commercial (et prestation de services) conclu avec Microsoft — Mise a jour annuelle (recommandation contenue dans le rapport) 5.7 Attribution d'un contrat de gestion d'information et d'&v&nements de s&curit& (SIEM) (recommandation dans le rapport) 5.8 Commandite de la Saint John Hotel Association en cc qui concerne les frais d'utilisation des services de sport sur glace par des non-r&sidents (recommandation contenue dans le rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 9. Audiences publiques —18 It 30 10. Etude des arrWs municipaux 11. Interventions des membres du conseil 11.1 Reglement concernant la livraison de d6pliants (conseiller Hickey) (d&p6t le 4 novembre 2019) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Initiatives d'am&lioration continue (mise a jour verbale) 12. 1.1 Pr6sentation (d&pos&e le 4 novembre 2019) 12.2 Soutenir Saint John (Mise a jour verbale) 12.2.1 Durabilit& : Processus d'approbation des initiatives K3 12.2.2 Soutenir Saint John — Un plan d'action en trois parties (rapport de situation) 12.3 Recouvrement des frais des services d'incendie — Point sur la viabilit& 12.4 Passeport pour les pares — Point sur la viabilit& (depot le 4 novembre 2019) 12.5 Sauveteurs — Point sur la viabilit& (depot le 4 novembre 2019) 12.6 Redimensionnement des installations r&cr&atives : Surface de glace du pare Rainbow — Point sur la viabilit& (depot le 4 novembre 2019) 12.7 Redimensionnement des installations recreatives : Seaside Park Lawn Bowling — Point sur la viabilit& 12.8 Programme d'aires de jeux — Point sur la viabilit& 12.9 Transition vers le nouvel emplacement de 1'h6tel de ville (mise a jour verbale) 12.10 Demolition de bdtiments inoccup&s, d&labr&s et dangereux situ&s au 142.144, Chemin Highland (PID 55196711) 12.11 Demolition d'un bdtiment vacant, d&labr& et dangereux situ& au 47-49, rue Broad (PID 00000778) 12.2 Etude des couts des syst&mes d' aqueduc et d' &gouts 12.3 Rapports sur les couts de Peau industrielle non trait&e, dans 1'Est et dans 1' Ouest 12.4 R&solution de 1'Association des municipalit&s du Nouveau- Brunswick — Modifications apport&es a la Loi sur les relations industrielles 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau 15. Correspondance g6n6rale 15.1 Saint John Police Association — Plainte relative au code de conduite 15.2 Comit& des commissaires de police de Saint John : Politique de la Ville de Saint John en mati&re d'indexation des salaires (recommandation : d&pot pour information) 15.3 Service de police de Saint John — Budget de fonctionnement pour 2019 — R&sultats financiers pour le mois d'aout (recommandation : d&pot pour information) C! 15.4 Demande d'achat de billets : D&jeuner de Noel annuel du Club Kiwanis de Saint John — 2019 (recommandation : voir le greffier pour acheter des billets a 1'intention des membres du Conseil int6ress6s) 15.5 SCFP/Section locale 1182 de FATU /Saint John Police Association — Demande de pr6sentation concernant la r6forme de la fiscalit& industrielle 15.6 Lettre de M.E. Carpenter concernant Saint John Transit (recommandation d&p6t pour information) 15.7 D. Stubbs -Lee — Coupures a Saint John Transit Commission (recommandation : d&p6t pour information et renvoi a la Transit Commission) 15.8 Lettre de D. Bowen concernant le 348, chemin Acamac Backland 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 17.1 R&siliation du bail — The Donut Queen Inc. au City Market 17.2 Budget des &v&nements de Noel 18. Lev& de la s6ance 61 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 N. / �— MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN NOVEMBER 4, 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 Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Collin City Solicitor J. Nugent Fire Chief K. Clifford Police Officer S. Rocca 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 November 4, 2019 / le 4 novembre 2019 1. Call to Order 2. Approval of Minutes 2.1 Minutes of October 21, 2019 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council held on October 21, 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 Item 17.1 Independent Business Valuation of Saint John Energy's Growth Agenda. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Sullivan declared a conflict with item 12.4 Recreation Cards: Samuel -de - Champlain School's Request for Exemption. S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2019- 268: Geographic Information Systems Enterprise Software License Renewal, the City renew its enterprise software agreement with Environmental Systems Research Institute, Inc. (Esri) for a term of 3 years in the form submitted with 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 submitted documents: Esri Small Enterprise Agreement Local Government (E214i); Esri Small Government Enterprise Agreement (SG -EA) Quote # 00019102; and Esri Canada Sales Proposal Proposition. 5.2 That as recommended by the City Manager in the submitted report M&C 2019- 272: National Disaster Mitigation Program (NDMP) Funding Sub -Contribution Agreements, Common Council authorize the Mayor and Common Clerk to execute the submitted two Funding Sub -Contribution Agreements under the National Disaster Mitigation Program: the Saint John River Flood Mitigation Plan, and the Flood Proofing Design for Musquash Water Pumping Station. 2 r� COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 5.3 That as recommended by the Planning Advisory Committee in the submitted report Subdivision (Money -in -Lieu of Land for Public Purposes) 40 Waterview Place, 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). 5.4 That as recommended by the City Manager in the submitted report Subdivision (Money -in -Lieu of Land for Public Purposes) 431 Millidge Avenue, 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). 5.5 That as recommended by the City Manager in the submitted report Subdivision (Money -in -Lieu of Land for Public Purposes) 4343 Loch Lomond Road, 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). 5.6 That as recommended by the City Manager in the submitted report M&C 2019- 286: Enhanced Reporting Process for Closed Session Meetings, 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. 5.7 That as recommended by the City Manager in the submitted report M&C 2019- 269: Amendment 1 to Unified Communications - Centrex Multi -Provincial Blended Rates Services Schedule, 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 submitted existing agreement. 5.8 That as recommended by the City Manager in the submitted report M&C 2019- 280: Website Reserve for 2020, the City Manager / Commissioner of Finance 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. 5.9 That as recommended by the City Manager in the submitted report M&C 2019- 278: Carleton Community Centre HVAC Upgrades, the tender submitted by Eclipse Construction Services Ltd., for the HVAC Upgrades, in the amount of $307,343.43 plus HST be accepted; and 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; and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 3 E:3 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 5.10 That as recommended by the City Manager in the submitted report M&C 2019- 277: New Solid Waste Model Business Case, 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. 5.11 That as recommended by the City Manager in the submitted report M&C 2019- 282: Industrial Hygiene - Firefighter Training Centre Initiative, Common Council adopts the following: • 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 • The 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 • The Mayor and Common Clerk be authorized to execute the contract documents. 5.12 That as recommended by the City Manager in the submitted report M&C 2019- 283: CAER & Fire Prevention Relocation Project, Common Council adopts the following: 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. 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 9. Public Hearings 6:30 PM CI COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 9.1 Proposed Municipal Plan Amendment and Zoning Bylaw Amendment — 348 Acamac Backland Road with Staff Presentation (151 and 2nd Reading) 9.1.1 Municipal Plan Amendment (151 and 2nd Reading) 9.1.2 Zoning ByLaw Amendment (151 and 2nd Reading) Commissioner Hamilton described the application by Fundy Regional Services Commission to extract clay for landfill liner operations from Acamac Backland Road. The Commissioner outlined the following submitted recommendations for Common Council to consider: PAC recommendations: 1. Deny the application 2. If approved, apply conditions Staff Supplemental report • Approve the Application with conditions, including the PAC conditions. Planner M. Reade provided a PowerPoint review on the Acamac bylaw amendment. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re -zoning amendments amending Schedule A of the Municipal Plan Bylaw — City Structure, by redesignating parcels of land with an area of approximately 5.9 hectares located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595 from Park and Natural Area to Rural Resource Area classification; and amending Schedule B of the Municipal Plan — Future Land Use, by redesignating the same parcels of land from Park and Natural Area to Rural Resource classification; and by 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); and 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), as requested by Fundy Regional Service Commission, with letters of objection and support received. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its October 161h, 2019 at which time the Committee recommended that Common Council deny the application. G1 ito] COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 The Mayor called for members of the public to speak against the Municipal Plan and Re- zoning amendments with the following presenting opposed to extracting clay from a natural wetland: • Eric Falkjar, Chair PAC (all natural wetlands are significant, this site has been identified by the Province and protected by Plan SJ Policy LU -100) • Mr. Dbout, 14 Cardinal Lane, Morna Heights (impacts of climate change, impact on the biodiversity of freshwater wetlands) • Dale Kilpatrick, Crane Mountain Enhancement Inc. (alternate liner systems exist to clay liners) • David Bowen, Ketepec (Clay Pit or quarry development and residential tax assessment) • Jim Stubbs, 2184 Westfield Road (wetland environment) • Fred Belyea, 29 Red Bridge Lane (blasting activity concerns presented by Jim Stubbs) • Peter Furness (well water concerns) • Mark Richards, 12 Red Bridge Lane (air quality / distance from proposed quarry) • Roberta Lee, Bay Crescent Road, Morna Heights (questioned finance savings) • Julie Dingwell (bald eagle, wood turtle habitat in the wetland area) The Mayor called for members of the public to speak in favour of the Municipal Plan and Re -zoning amendment with the following presenting: • Mark McLeod, Executive Director of the Fundy Regional Service Commission (FRSC) (Clay alternatives investigated with CBCL and Dal Tech did not meet mandated Provincial liner requirements) • Marco Sivitilli, Engineer Gemtec Limited / Consultant FRSC (search for clay material from NBDNR surficial geological mapping, access road exists for proposed clay source area, not near housing, engineering assessments conducted summer 2018 clay was acceptable to mandated standard of NB Department Environment and Local Government) The Mayor called a five minute recess at 8:20 p.m. The meeting reconvened at 8:25 p.m. • Abigail Garnett, Gemtec Limited (EIA Process Public Consultation May 2019 concerns submitted to the Department of the Environment EIA process) • Robert Cyr Engineer (Blasting survey and blasting operations) • David Harper for John Law Corporation (owner) Responding to a question on the urgency of the matter, Commissioner Hamilton cautioned the application has a 6 month legislated timeline for approval by Council and that the EIA may not be completed within that timeline. t'd 11 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 Moved by Commissioner Hickey, seconded by Deputy Mayor McAlary: RESOLVED That the matter be tabled until the Environmental Impact Assessment is completed. MOTION TIED with Councillors Casey, Reardon, Strowbridge, Sullivan and Merrithew voting nay and Deputy Mayor McAlary, and Councillors Norton, MacKenzie, Hickey and Armstrong voting in favour. MOTION DEFEATED with Mayor Darling breaking the tie, voting against the tabling motion. Moved by Councillor Merrithew, seconded by Councillor Reardon: RESOLVED that Council approve the staff recommendation, with Section 59 conditions, in the supplemental report as follows: • Access to excavation areas to Yellow Gate Road • Limit use of Yellow Gate Road uses permitted in PQ and RU zones • Clay and aggregate material from site can only be used for landfill operations • Confirmation that all Provincial approvals (EIA, Wetland/Watercourse) must be provided to the Development Officer • Confirmation of all Provincial access approvals must be provided to the Development Officer • $5000 annual contribution to parks, green spaces and community facilities in KBM area — via City LPP fund. MOTION TIED with Deputy Mayor McAlary and Councillors Norton, MacKenzie, Hickey and Armstrong voting nay and Councillors Casey, Reardon, Strowbridge, Sullivan and Merrithew voting in favour. MOTION CARRIED with Mayor Darling breaking the tie, voting in favour of the motion. Moved by Councillor Merrithew, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A of the Municipal Plan Bylaw — City Structure, by redesignating parcels of land with an area of approximately 5.9 hectares located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595 from Park and Natural Area to Rural Resource Area classification; and amending Schedule B of the Municipal Plan — Future Land Use, by redesignating the same parcels of land from Park and Natural Area to Rural Resource classification, be read a first time. MOTION TIED with Deputy Mayor McAlary and Councillors Norton, MacKenzie, Hickey and Armstrong voting nay and Councillors Casey, Reardon, Strowbridge, Sullivan and Merrithew voting in favour. rA 12 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 MOTION CARRIED with Mayor Darling breaking the tie, voting in favour of the motion. Read a first time by title, the by-law entitled, "A Law to Amend the Municipal Plan By - Law." Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A of the Municipal Plan Bylaw — City Structure, by redesignating parcels of land with an area of approximately 5.9 hectares located at 348 Acamac Backland Road, also identified as portions of PID No. 00289595 from Park and Natural Area to Rural Resource Area classification; and amending Schedule B of the Municipal Plan — Future Land Use, by redesignating the same parcels of land from Park and Natural Area to Rural Resource classification, be read a second time. MOTION TIED with Deputy Mayor McAlary and Councillors Norton, MacKenzie, Hickey and Armstrong voting nay and Councillors Casey, Reardon, Strowbridge, Sullivan and Merrithew voting in favour. MOTION CARRIED with Mayor Darling breaking the tie, voting in favour of the motion. Read a second time by title, the by-law entitled, "A Law to Amend the Municipal Plan By -Law." Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 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); and 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), be read a first time. MOTION TIED with Deputy Mayor McAlary and Councillors Norton, MacKenzie, Hickey and Armstrong voting nay and Councillors Casey, Reardon, Strowbridge, Sullivan and Merrithew voting in favour. MOTION CARRIED with Mayor Darling breaking the tie, voting in favour of the motion. 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 Councillor Sullivan, seconded by Councillor Merrithew: g 13 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 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); and 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), be read a second time. MOTION TIED with Deputy Mayor McAlary and Councillors Norton, MacKenzie, Hickey and Armstrong voting nay and Councillors Casey, Reardon, Strowbridge, Sullivan and Merrithew voting in favour. MOTION CARRIED with Mayor Darling breaking the tie, voting in favour of the motion. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that following Procedural Bylaw requirements, the meeting proceed beyond the hour of 10:00 p.m. MOTION CARRIED with Councillors Sullivan, Strowbridge and Merrithew voting nay. 10. Consideration of By-laws 10.1 Procedural Bylaw Amendment re: Distribution of Correspondence (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "By -Law Number L.G. 2 A Law to Amend a By -Law respecting the Procedure of the Common Council 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. MOTION CARRIED with Councillor Sullivan voting nay. The by-law entitled, "By -Law Number L.G. 2 A Law to Amend a By -Law respecting the Procedure of the Common Council of The City of Saint John", was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: 01 14 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 RESOLVED that the by-law entitled, "By -Law Number L.G. 2 A Law to Amend a By -Law respecting the Procedure of the Common Council 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 third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Sullivan voting nay. Read a third time by title, the by-law entitled, "By -Law Number L.G. 2 A Law to Amend a By -Law respecting the Procedure of the Common Council of The City of Saint John". 10.2 Supplemental: City of Saint John Tourism Accommodation Levy Bylaw Commissioner Hamilton advised Council that the legislated mandatory tourism levy builds on the past voluntary levy in place during the past decade. Mr. Hayes, a Bed and Breakfast owner, has requested to present his concerns to Council. It is not recommended that Mr. Hayes be permitted to present at this time. The bylaw does not require a public hearing. Staff has had follow-up discussions with Mr. Hayes and a supplemental report addresses some of Mr. Hayes' concerns dealing with his perception of administrative hardship on small business owners. Sufficient flexibility is provided in the bylaw with respect to reporting. Staff will conduct information sessions for business accommodation operators in November. Moved by Councillor Merrithew seconded by Councillor Reardon: RESOLVED that the submitted report M&C 2019-84: Supplemental: City of Saint John Tourism Accommodation Levy Bylaw, be received for information. MOTION CARRIED. 10.2.1 P. Hayes Request to Present re: Tourism Accommodation Levy Moved by Councillor Merrithew, seconded by Councillor Reardon: RESOLVED that the request by Mr. Hayes to present, be denied. MOTION CARRIED. 10.2.2 Tourism Accommodation Levy By -Law (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number L.G. 7 A By -Law relating to a Tourism Accommodation Levy in The City of Saint John", be read. 10 15 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 MOTION CARRIED. In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By - Law Number L.G. 7 A By -Law relating to a Tourism Accommodation Levy in The City of Saint John" instead of being read in its entirety was read in summary as follows: • "The new Tourism Accommodation Levy is to begin on January 15t, 2020. • The funds collected will continue to be invested into tourism promotion and development. • A levy of 3.5% will be applied. • The City of Saint John will collect and administer the levy (Finance and Administrative Services). • No minimum threshold of number of rooms for operators. • Those exempt from the levy include: o student who is accommodated in a building owned or operated by a post -secondary educational institution while the student is registered; o accommodated in a room for more than 31 consecutive days. • Monthly reporting will be expected from participating operators. • Clarity on interest, liens, enforcement and offence (fines and administrative penalties). The City of Saint John Bylaw defines "tourism accommodation" as: "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." Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "By -Law Number L.G. 7 A By -Law relating to a Tourism Accommodation Levy in The City of Saint John", 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 L.G. 7 A By -Law relating to a Tourism Accommodation Levy in The City of Saint John". 11. Submissions by Council Members 11.1 Flyer Delivery Bylaw (Councillor Hickey) 11 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 Moved by Councillor Hickey, seconded by Deputy Mayor McAlary: RESOLVED that the Flyer Delivery Bylaw be tabled to the next meeting. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives 12.2 Sustainability 12.2.1 Rightsizing Recreation Facilities: Rainbow Park Ice Surface — Sustainability Item 12.2.2 Lifeguards — Sustainability Item 12.2.3 Passport to Parks — Sustainability Item 12.2.4 On -Street Parking Increase — Sustainability Item Moved by Councillor Merrithew, seconded by Councillor Hickey: RESOLVED that items Continuous Improvement 12.1 and Sustainability 12.2.1, 12.2.2, 12.2.3 and 12.2.4 be tabled to the next meeting of Council. IL 10000011GY1:k]k]11191 Councillor Hickey withdrew from the meeting. 12.3. Recreation Cards: Overall Program Update Referring to the submitted report entitled Recreation Cards: Overall Program Update Deputy Commissioner O'Reilly outlined issues relating to the Recreation Card Program implementation including cooperation by user groups, participants' ability to acquire recreation cards, groups providing residency data, missing, incorrect, or incomplete information circulating to the public about the program, definition of a visiting team, elite players not requiring recreation cards, fairness of the program, and enforcement. The City Manager commented that enforcement to check the recreation cards at the rinks is being contracted out. Moved by Councillor Reardon, seconded by Deputy Mayor McAlary: RESOLVED that the submitted report M&C2019-260: Recreation Cards: Overall Program Update, be received for information. MOTION CARRIED. Councillors Sullivan and Norton withdrew from the meeting. 12.4 Recreation Cards: Samuel -de -Champlain School's Request for Exemption 12 17 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 12.5 Recreation Card Program: Lord Beaverbrook Rink Participation Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that items 12.4 Recreation Cards: Samuel -de -Champlain School's Request for Exemption and 12.5 Recreation Card Program: Lord Beaverbrook Rink Participation be tabled until next meeting. MOTION CARRIED. Councillors Sullivan and Norton reentered from the meeting. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Purchase Request: PRUDE Diversity Champion Awards 2019 Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the Ticket Purchase Request: PRUDE Diversity Champion Awards 2019 be referred to the Clerk to purchase tickets for interested Council members. IL 10000►[4L1:k]k1111a 15.2 Uptown Saint John: City Infrastructure Projects in Uptown Saint John Moved by Councillor Reardon, seconded by Deputy Mayor McAlary: RESOLVED that the letter from Uptown Saint John: City Infrastructure Projects in Uptown Saint John be referred to the City Manager. IL IQIII [Q0114Y1ilk] all1991 16. Supplemental Agenda 17. Committee of the Whole 17.1 Independent Business Valuation of Saint John Energy's Growth Agenda Moved by Councillor Reardon, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole having met on November 4t", 2019 Common Council approve the following: 13 iF:3 COMMON COUNCIL/ CONSEIL COMMUNAL November 4, 2019 / le 4 novembre 2019 1. Authorize the Mayor and Common Clerk to execute the submitted Letter of Engagement dated October 30th, 2019; and, 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. MOTION CARRIED. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on November 4, 2019, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 10:35 p.m. 14 COUNCIL REPORT M&C No. 2019-287 Report Date November 12, 2019 Meeting Date November 18, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Central Peninsula Secondary Plan, Municipal Plan, Zoning By-law and Heritage By-law Amendments Referral Report OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. HeadCity Manager Andrew Reid Kenneth Melanson Jacqueline Hamilton Phil Ouellette John Collin RECOMMENDATION 1. That Common Council refer the adoption of the Central Peninsula Secondary Plan, including amendments to the Municipal Plan and Zoning By-law, to the Planning Advisory Committee for a report and recommendation on November 26, 2019, and schedule a Public Hearing to be held at a special meeting on December 9, 2019, at 6:30 p.m. 2. That Common Council set a public hearing date for Heritage By-law (Phase 2) amendments for December 9, 2019, at 6:30 p.m. 3. That Common Council receive for information the attached letters of support and frequently asked questions document and that they be included in the public record as the Plan and related amendments move forward in the adoption process. EXECUTIVE SUMMARY The Public Comment period for the Central Peninsula Secondary Plan and accompanying Municipal Plan amendments was held between October 8t", 2019 and November 6t", 2019. During that time, three letters were received in support of the Plan. This report positions Council to move forward with the next steps in the adoption process including a Planning Advisory Committee meeting, Heritage Development Board review and public hearings before Council. Copies of the letters received during the public review period will form part of the public record and be part of the package considered by the Planning Advisory Committee and Council as the process moves forward. Staff have also prepared a Q&A document to provide information on the Plan and the Council adoption K91 -2 - process. Copies of the plan will be made available to the public at the Common Clerk's Office and at the One Stop Development Shop once the public advertising period has commenced. PREVIOUS RESOLUTION On October 7, 2019, Common Council received and filed a recommendation letter from the Neighbourhood Action Team related to the Central Peninsula Secondary Plan and initiated the legislative adoption process for the Central Peninsula Secondary Plan. STRATEGIC ALIGNMENT The Central Peninsula Secondary Plan is a priority related to a Vibrant, Safe City and Growth and Prosperity, focusing strategic investment in the City's core that will accelerate urban growth, reduced urban sprawl, and encourage a more compact, livable, and fiscally sustainable community. REPORT During the 30 day public comment period, the Plan received three letters of support from Atlantic Coastal Action Program, DevelopSJ, and Uptown SJ, which are attached to this report. These letters are in addition to the robust public engagement and high levels of support that have occurred throughout the course of the project. Next Steps The goal of the Plan (and associated plan and zoning amendments) and the Heritage By-law amendments is to create a streamlined approach to in -fill development, unlock growth opportunities on the Peninsula and create an environment that will foster growth and investment in this community. Council approved the first phase of Heritage By-law amendments that permit more flexibility for investment in the City's heritage areas on September 23, 2019. Phase 2 Heritage amendments pertaining to infill development will be presented concurrently with the Zoning By-law amendments associated with the Plan. The proposed timeline considers inclusion of necessary steps to ensure the documents are operational by adoption facilitating a seamless transition to implementation. Copies of the applicable documents will be available for public inspection at the Common Clerk's Office and at the One Stop Development Shop during the advertising period. All inquiries can also be referred to the One Stop Development Shop during this time. • Council Decision — Referral to Planning Advisory Committee — Council will review the feedback received from the 30 day comment period. Council will be given the opportunity to refer the Plan and associated Municipal Plan and Zoning By-law amendments to the Planning Advisory Committee and schedule the Public Hearing. A Public Hearing date will 21 also be set for the Heritage Bylaw Amendments as required under the Heritage Conservation Act. That hearing date is scheduled for December 9, 2019. • Planning Advisory Committee Meeting — At a special meeting date, the Planning Advisory Committee will consider the Plan and associated Municipal Plan and Zoning By -Law amendments, and make a recommendation to Council. This will be the second of three opportunities within the legislative adoption process for the public to provide commentary in an official capacity. The Planning Advisory Committee Meeting is planned for November 26, 2019. • Council Decision – Public Hearing, First and Second Reading – Council will hold two Public Hearings to receive public feedback: one on the Plan and amendments to the Municipal Plan, Zoning and the other on Heritage By-law amendments. Given the significant level of public interest in this project, it is likely that Council may receive feedback from the public that would require further consideration and potential amendments to any of the proposed documents. This may warrant Council not giving first and second reading on the same night as the public hearing and referring these items back to Staff. Therefore, Council may, depending on the level of public feedback, give first and second reading on the same night as the public hearing or postpone these readings to another meeting pending review of further refinements to the Plan or By-law amendments. The Public Hearing is scheduled for December 9. • Council Decision –Third Reading– Once Council has provided first and second reading to the amendments, the adoption process would conclude when Council considers Third Reading of the Plan. Once Third Reading is complete, the Plan will be registered and become legally binding. Third Reading will likely occur in January 2020. SERVICE AND FINANCIAL OUTCOMES Neighbourhood planning provides a framework for enhanced service, building community capacity, and encouraging re -investment in targeted neighbourhoods. Capital funding has been allocated to the implementation of the Central Peninsula Secondary Plan, which will be used to leverage private investment in key areas as directed by the plan. The Plan will also set the stage for significant potential growth of the Central Peninsula, already unlocking a number of potential opportunity sites for strategic infill and growth – before the plan has been adopted. Once adopted, it is expected the further opportunities will arise to facilitate further growth of the Peninsula. WA -4 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Central Peninsula Secondary Plan is reflective of substantial input from the community and stakeholders, including the Neighbourhood Action Team. ATTACHMENTS 1. Letter from ACAP 2. Letter from DevelopSJ 3. Letter from UptownSJ 4. Central Peninsula Secondary Plan — Frequently Asked Questions w 59 lirirry c.c I:Awnr ' StareEc t, Suite 25 I D06,6,D2,222/ v WW,C1ccqI3sj.()ir9 (r!)ncnI,1")Snirpt cal' i,..� fn c. e �i") o o c c o 'r/nccnIi")s H5 irle PrlrTIdry er1VIrUrlrTlerlid1 SidKerlUlQer and community organization in the Greater Saint John region, ACAP Saint John is pleased to pledge our support to the Central Peninsula Plan process and draft plan. It is our belief that the Plan put forward by the City of Saint John would prove to be not only invaluable to the growth of the City of Saint John, but will also help ACAP Saint John to move toward integrated models of community and environmental resiliency, and Climate Change adaptation. For over a quarter-century, ACAP Saint John has actively engaged our communities in environmental education programmes, ecological restoration projects, scientific research and job creation initiatives, and such, is prepared to offer on -the -ground support for the Central Peninsula Plan's implementation, including, but not limited to, organizing volunteers, promoting the plan through our stakeholder and rights -holder networks and on-going project management support. ACAP Saint John has a storied reputation in the community for acting as a third party mediator on contentious environmental issues, and continues to expand our role as a public source of knowledge and information dissemination. As Executive Director, I see the importance of project partnerships with all levels of government in furthering our engagement throughout our community and bringing world-class environmental work to our neighbourhoods to better the lives of their citizens, foster resilient urbanism, and restore of our ecosystems for future generations. If you have any additional questions or would like more information on ACAP Saint John's involvement or commitments, please do not hesitate to contact me. Sincerely, Graeme Stewart -Robertson Executive Director, ACAP Saint John Inc. 0&1 DEVELOP SAINT JOHN Common Clerk's Office City of Saint John PO Box 1971 Saint John, NB E2L 41_1 To Whom It May Concern, November 5, 2019 RE: Support for the Central Peninsula Secondary Plan The Central Peninsula Secondary Plan is a visionary plan designed to direct smart growth through thoughtful policy and action. It provides direction for new development and reinvestment in the central peninsula while ensuring the community remains a great place for people to live, work, play, and raise a family. That is why Develop Saint John applauds the vision outlined in the plan. Our mission is to relentlessly create and seize strategic real estate opportunities that are catalysts to further development, investment and growth. We work with the City, other levels of government and the development community to grow Saint John by instigating investment in strategic real estate developments that add value to our community. The process, community engagement and guiding principles that went into the development of the plan, all support strong neighbourhood development. We are pleased to see it identifies transportation corridors, building and design guidelines, height and setback policies, pedestrian -oriented streets, heritage infill and public realm considerations. These are the things that contribute to strong place making and overall community health and vibrancy. We are already seeing the plan come to life. There is growing interest and demand for development and investment in the central peninsula. We are experiencing more and more inquiries and expressions of interest to develop in the neighbourhood, which is reflective of the momentum. Some of the exciting projects include: • Development of the parking lot at the corner of Canterbury Street and Grannan Lane into The Telegraph, a new 6 -story wood frame mixed commercial and 32 unit residential development P.O. Box 1971, Saint John, New Brunswick E2L 41_1 25 DEVELOP SAINT JOHN • Conversion of the Former Salvation Army building into beautiful neo -industrial Oceanside Urban Loft apartments, which supports the repositioning of St. James Street as a key east -west corridor and focus for reinvestment • Transformation of the Gothic Arches site on Wentworth Street into a new 50-80 unit high-end residential development • High private sector interest in investing and developing Fundy Quay, the prime six -acre site on our waterfront • Plans for an innovative new urban K-8 school designed to contribute to the transformation of the central peninsula into a mixed income neighbourhood We support the City of Saint John's Central Peninsula Secondary Plan and its vision to direct smart growth through thoughtful policy and action. It gives us a solid foundation for relentlessly creating and seizing real estate opportunities and getting deals done. Sincerely, Steve Carson, CEO, Develop Saint John cc: Jacqueline Hamilton, Commissioner of Growth and Community Development 41.1 November 5, 2019 Uptown Saint John Inc. the local Business Improvement Association, is very pleased to support the Central Peninsula Plan and to have been a part of the Neighborhood Action Team. We strongly believe this is the roadmap to growth for the Central Peninsula. A strong uptown is created through more people — who need more shops; provides opportunities for business to grow and to create new jobs and an increased tax base. We look forward to more action items to come to fruition in the years ahead. Together we can accomplish many of the visions shared from the active participants that took part in shaping the plan. Thank you to all the contributors who have focused on the Central Peninsula Plan our City's core neighborhood — encouraging growth to the uptown and peninsula will increase the vibrancy and opportunity of uptown businesses and to our impact areas. Regards, Af Nan Tissingt Executive Director Uptown Saint John Inc. Iove•Iife.uptown 17 Canterbury Street, Suite 180, Saint John, N8 Elf_ 20 27 506.633.9797 1 uptownsj.com � (@uptownsj Central Peninsula Secondary Plan Frequently Asked Questions 1. What is the Central Peninsula Plan? The Central Peninsula Plan is intended to provide direction for new development and reinvestment in the Central Peninsula of the City of Saint John while ensuring it remains a great place to live, work, and play. The Plan is intended to further implement the City's Municipal Plan (Plan SJ) policies, and align the City's recreation, transportation, economic, and population growth strategies into one set of goals and direction for this area. Together, these strategies will guide growth, development, and revitalization efforts in the City's core for the next 30 years. 2. What are the elements of the Central Peninsula Neighbourhood Plan? The plan contains an overall vision of the future of the neighbourhood, with targets for new dwelling units, population, business growth and tax base growth (1,500 new units, 3,000 new residents, 350 new businesses and $350,000,000 in new tax base). The plan contains important five elements: a. A history and geographic context of the Central Peninsula area; b. An overview of the neighbourhood and corridors of the Central Peninsula includes descriptions, direction, development concepts, and actions for the Uptown, South End and Waterloo Village Neighbourhoods; c. Building and design guidelines for use in the Central Peninsula areas that provide the regulatory framework for land use and guides the shape, pattern, height and configuration of development inviting a new era of development and investment; d. A community action framework that provides the structure for action through clear policy statements reflective of the components that build a growing neighbourhood; and e. An implementation strategy that provides a framework for immediate and long term action in the various neighbourhoods of the Central Peninsula. 3. Why do we need a Plan now? After decades of population decline and disinvestment, the Central Peninsula is experiencing a renaissance supported by Council's focus on this area over the past three years in terms of the planning process and key programs such as the urban development incentive programs. There is increasing momentum to live, work, and recreate in the heart of the City. Populations in the Uptown Neighbourhood are increasing while neighbouring areas are stabilizing. Construction of new office and new and converted residential development are set to bring more people into the area every day. New restaurants, bars, and entertainment venues have maintained the area as the cultural centre of the City. Public spaces, particularly along the City's waterfront, have become important community focal points and there is increasing interest in realizing their full potential. As the positive momentum continues, there is increasing opportunity for economic and population growth on the Central Peninsula. Underutilized or vacant land is an asset prepared for repositioning and in doing so, creates potential for new housing stock and commercial space. This Plan provides an opportunity for the community to harness the growing momentum at the centre of the City and create positive transformative change. K-11 4. What will the Central Peninsula Plan be used for? Depending on who you are, the Plan will have a variety of different purposes. For Developers/Investors, the Plan will provide a vision of how the Central Peninsula is expected to grow and change, showcase some key growth opportunity sites and provide a clear development process. For residents, the Plan will show the community vision for how the neighbourhood will grow over the Plan's lifetime, as well as an action plan to achieve this vision. For City Staff and Common Council, the Plan will be the document to help guide decisions related to land use and planning matters for development in Central Peninsula. 5. What kind of changes can I expect to see in the Central Peninsula neighborhoods if the plan goals are achieved? The Plan is a long term vision for the community with the goals of encouraging 1,500 new residential units, which would allow for up to 3,000 new residents to call the Central Peninsula home. Along with these residential goals, the goal is the creation of 350 new businesses over the life of the plan leading to 4,000 additional jobs in the Central Peninsula. This will, if successful, lead to over $350,000,000 in new tax base growth. 6. As a heritage property owner, how does the neighborhood plan affect me? Common Council made improvements to the Heritage Conservation Areas By-law a priority. These changes were able to be carried out in concert with the Plan. The goal of these changes is to remove barriers to development through modernizing the rules in order to help create opportunities for new development, grow the residential tax base and make the heritage process easier to navigate for developers and property owners. The changes are being made in two phases, with Phase 1 already receiving Common Council approval on September 23, 2019. Phase 1 changes improved clarity to the demolition process and increasing exemption to heritage permits, which includes: • non-visible areas of buildings (typically rear and sidewalls); • windows and door replacements with no change in size; • Fences; • Decks, stairs and fire escapes; and • Cladding (except masonry). Phase 2 amendments will come forward with the Plan and will address issues such as the current infill development guidelines (new development in heritage districts). 7. How does this plan affect me as a renter? One of the goals of the Plan is to encourage the creation of 1,500 new dwelling units throughout the Central Peninsula neighbourhoods. When achieved, these new units will provide existing and new residents a variety of choices of unit forms (new buildings, renovations to existing buildings, townhouses, apartments, etc.), location and tenancy types (rental or ownership) to meet their needs. The increased quality of units (through renovation of existing, which has occurred through various incentive programs, will also provide additional affordable and quality housing options to existing and future residents. 8. How does this plan affect me as a business owner? Business owners will benefit from the Plan's goals of growing the population, as these new residents will need places to shop. As the Central Peninsula population grows, businesses will have access to more shoppers to frequent their businesses. A stronger Wel Business community; will help grow the commercial tax base, attract more investment and create new job opportunities for residents. 9. How does this plan affect me as an investor? For investors, the Plan will be the principle tool to highlight various development opportunities on the Peninsula. The document will provide a vision of how the Central Peninsula will grow and prosper over the life of the plan. The City of Saint John, through various development support mechanisms offered through grants or supporting agencies like DevelopSJ will also be showcases to enhance the attractiveness of investing in the core region of the City. 10. 1 do not live in the Central Peninsula. How will this plan affect me? The Central Peninsula is the core of the City of Saint John — where business, events, and our entertainment districts come together. The Central Peninsula contains strong regional assets like TD Station, Canada Games Aquatic Centre, Port of Saint John Cruise Ship Terminal and the Saint John Trade and Convention Centre. A strong core, with increased resident and business investment, creates an improved financial outlook for the City through increased tax base, more jobs, more events, and leads to an increased quality of life for everyone in the City and region. Increasing development in the Central Peninsula further strengthens the value of investing in Saint John. 11. 1 am worried about the affordability of housing and challenges associated with a rapid change of the Central Peninsula. How will the plan address this? The Plan was created based on policies contained in the City's Municipal Plan (PlanSJ), which encourages the creation of residential development that fits all age groups and income levels. By encouraging a variety of different housing types to occur over the life of the plan, all residents will benefit from greater housing options and choices in this neighbourhood, allowing anyone to call the Central Peninsula home. The Plan also provides a variety of incentive programs to promote new or renovated housing options, which will further improve housing choice and availability to residents. Amendments to the City's Zoning By-law with the Plan, will also further reduce barriers by providing parking reductions which will reduce costs of housing options. The City will also continue working with affordable housing providers, Federal and Provincial agencies to monitor changes and encourage the construction of affordable housing units as part of the neighbourhood change. 12. When would I see some of the improvements in the Plan take shape? Many of the suggested improvements have already begun to occur even before the Plan is adopted by Council. Work is well underway to prepare key sites like Fundy Quay for future development with planned seawall upgrades and site improvements. DevelopSJ is working to advocate for the construction of the new Central Peninsula School site and Common Council recently approved a number of capital investments including to the Saint John Market (South Market street upgrades, Night Market upgrades). Implementation of the Night Market, a key concept from the Plan, has already occurred before the Plan is in place. Incentive Programs, which helps with community beautification and encouraging renewal of existing housing stock has also been helping to encourage improvement to the quality of housing stock in the Peninsula. 091 13. How can I take an active role in supporting the plan and implementation? The Plan is a document created in concert with residents of the Central Peninsula. The implementation actions belong not only to the City of Saint John, but also to area residents to be active participants in how the plan is supported to make the Central Peninsula the best place to live, play and invest. The Plan is a call to action for residents to play their part in making the plan a success. This could be through community beautification, becoming actively involved in groups helping with events from the Plan (such as the Night Market) or investing in the community — everyone has an opportunity to play a part in making this plan a success. 14. What is the process to get the plan approved and key dates? In order to adopt the Central Peninsula Secondary Plan, Council must initiate the mandatory 30 day comment period, which occurred on October 7, 2019. The comment period closed on November 6, 2019. Council will need to refer the plan to the Planning Advisory Committee and schedule a public hearing. The Planning Advisory Committee and Common Council will then consider the final plan. Once Council has held a public hearing and given the plan and By-laws three readings, the plan will officially come into force. 15. How can I comment on the draft plan? While, the initial 30 -day comment period has closed citizens may provide their feedback on the Plan and related amendments through the upcoming Planning Advisory Committee public meeting scheduled for November 26th and Public Hearing of Common Council scheduled for December 9th. Documents can be viewed through the Common Clerk's Office (8th Floor City Hall) or at the One Stop Development Shop (10th Floor City Hall). If you would like to submit feedback to the Planning Advisory Committee, here is how you can do so: Comments may be submitted via email or by letter to the Planning Advisory Committee at the following address: By e-mail onesta.,p. saGntiiohn.ca or by mail at PO Box 1971, Saint John, NB E2L 41_1 by November 26. If you would like to submit feedback to Common Council for the public hearing, here is how you can do so: Comments may be submitted via email or by letter to the common clerk at the following address: By e-mail at..co.M2ncj r'k. sain iohn.ca or by mail at PO Box CP 1971, Saint John, NB E2L 41_1 by December 9. Citizens may also attend and speak about the final version of the plan at the Planning Advisory Committee and Common Council Public Hearing meetings. The Planning Advisory Committee will consider the plan on November 26, 2019, at 6pm, 8th Floor City Hall (Ludlow Room) and the Public Hearing at Common Council will be December 9, 2019, 6:30pm, 8th Floor (Ludlow Room). 31 COUNCIL REPORT M&C No. 2019-288 Report Date November 12, 2019 Meeting Date November 18, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Cleanup of Unsightly Properties at Various Locations OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Christopher McKiel Jacqueline Hamilton / Amy Poffenroth John Collin RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the cleanup of the following unsightly properties: 1. 2-4 Wellesley Avenue, PID# 00371310; 2. 101 Broadway Avenue, PID# 00302406; and 3. 461 Milford Road, PID# 55017917. EXECUTIVE SUMMARY The unsightly conditions outlined in the attached Notices have not been remedied within the required time frame. Pursuant to the SaintJohn Unsightly Premises and Dangerous Buildings and Structures By-law, Staff is looking for authorization from Council to arrange for the cleanup of the aforementioned properties. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This report aligns with Council's Vibrant, Safe City priority. 0 -2 - REPORT As part of the Community Standards program, Growth and Community Development Services has focused on issues that directly impact the aesthetics, enjoyment and pride of a neighbourhood, including unsightly premises. This involves working closely with property owners to achieve voluntary compliance wherever possible. When voluntary compliance cannot be achieved, it is necessary to issue a formal Notice to Comply. Property Requiring Further Enforcement Action Notices to Comply have been issued for the following properties after efforts to gain voluntary compliance did not come to fruition. The unsightly conditions outlined in the attached Notices have not been remedied within the required time frame. Pursuant to the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, Staff is looking for authorization from Council to arrange for the cleanup of the aforementioned properties. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting cleanup and demolition activities at the subject property. Where possible, staff will use internal resources for the cleanup of unsightly properties and the cost will be billed to the property owners. If the use of internal resources is not possible, staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owners. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. 091 ATTACHMENTS -3 - Notices to Comply and Inspection Reports Aerial Photo of Property Photos 011 Parcel identifier: PID # 0371310 Address: 2-4 Wellesley Avenue, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Keating, Brian Matthew Address: 4 Wellesley Avenue, Saint John, New Brunswick, E2K 2T9 Local government giving notice: The City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Subsection 6(1) of the By- law. Conditions(s) that exist: The premises are unsightly by permitting junk, rubbish or refuse to remain on the premise. The conditions of the premises are not in compliance with the standards provided for pursuant to the By-law. The conditions of the premise are described in Schedule "A", a true copy of the Inspection Report dated Aug 8, 2019 signed by Mark O'Leary, By-law Enforcement Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. Date before which the condition must be corrected:' Within 15 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8"' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LL (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Num6ro d' identification de la parcelle : NID : 0371310 Adresse: 2-4 avenue Wellesley, Saint John, Nouveau -Brunswick Proprietaire(s) ou occupant(s) : Nom: Keating Brian Matthew Adresse : 4 avenue Wellesley, Saint John, Nouveau -Brunswick, E2K 2T9 Gouvernement local signifiant 1'avis : The City of Saint John Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux batiments et constructions dangereux de Saint John, Arrete num6ro M-30, ainsi que ses modifications ci-aff6rentes (1' « Arret6 >>). Disposition(s) enfreinte(s) : Le paragraphe 6(1) de 1'Arret&. Description de la (des) situation(s) : Les lieux sont inesth&tiques en permettant la pr6sence de ferraille, de d6tritus ou de d6chets. Les conditions des lieux ne sont pas en conformit6 selon les standards pr6vus dans 1'Arr&& Les conditions des lieux sont d6crites a 1'annexe « A », une copie conforme du rapport d'inspection en date du 8 aout, 2019 sign6 par Mark O'Leary, un agent charge de 1'ex6cution des arr6t6s du gouvernement local. Ce qu'il y a lieu de faire pour y remedier: La propri6taire doit restaurer les conditions en se confonnant aux recommandations du rapport d'inspection susmentionn6 et d'amener le batiment et les lieux en conformit6s avec 1'Arret6. Delai imparti pour y remedier : ' Dans les 15 jours qui suivent la signification de Favis de conformit6. Date limite pour donner Pavis d'appel: Dans les 14 jours qui suivent la notification de Favis de conformit6. Processus d'appel : La propri6taire peux dans les 14 jours qui suivent la notification de Favis de conformit6, envoy6 un avis d'appel par courrier recommand6 a la greffiere communale de la municipalit6, a The City of Saint John, Edifice de 1'h6tel de ville, 8e 6tage, 15 carr6e Market, Saint John, Nouveau -Brunswick, E21, 4LL Potential penalty for not complying with notice Peine possible en cas d'omission de se conformer within time set out in notice:2 Subsection 11 (1) of the aux exigences de Pavis dans le deiai y imparti : . . . " I - - ______ __.i.,. r :1.. ♦_ --1- -41, tl, It, nnrnarnnhe 11 (1) He 1'Arret6 nr6voit Qulconque terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). Local government's authority to undertake repairs or remedy:' Paragraph 12(1)(a) of the By-law states that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John the 8 day of August, 2019 Local government: T City of Saint John Signature of th" KIer o the to Al government: 4/1 omet de se conformer aux exigences tormuiees clans un avis de conformit6 notifi6 aux termes de Particle 7 de ladite Arret6, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction pr6vue au paragraphe 11 (1) se poursuit pendant plus d'une journ6e, Famende minimale qui peut etre impose est 1'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Finfraction se poursuit conform6ment a 1'alin6a 11(3)(b)(i). Pouvoir du gouvernement local d'entreprendre des reparations on de remedier a la situation : Conform6ment aux alin6a 12(1)(a) de 1'Arret6, si un avis de conformit6 a &6 signifi6 aux termes de Particle 7 de ladite Arret6 et, que le propri6taire ou 1'occupant ne se conforme pas a cet avis de conformit6 dans le d61ai imparti et tel qu'il est repute eonfirm6 ou tel qu'il est confirm6 ou modifi6 par un comit6 du conseil on par un juge en vertu le paragraphe 12(3) de ladite Arret6, la municipalit6 peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant et les couts afferents a 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du propri6taire ou de 1'occupant et deviennent une cr6ance de la municipalite. Fait a Saint John le 8 aout, 2019 Gouvernement locale The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the lfficer of the local Coordonnees du fonctionnaire du gouvernement government: ) local: Name: Mark O'Leary Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10"' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-mail: mark.o'leary@saintjolm._ca .- �3 A Fax: (506) 632-6199 '=' U1b Nom: Mark O'Leary Adresse postale : Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square, Edifice de 1'h6tel de ville, 100 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: (506) 658-2911 Adresse 6lectronique : mark.o'leary@saintjolm.ca T616copieur : (506) 632-6199 Notes: 1. All appropriate pen -nits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the tine does not alleviate the obligation to comply with the by-law, standard or notice. 3. Costs become a debt due to the local government and may be added to the joint local government and provincial Real Property Assessment and Tax Notice. Notes : 1. Tous les permis prescrits doivent etre obtenus et toute la legislation pertinente dolt etre respectee pendant 1'execution des mesures de remediation. 2. Le paiement de Pamende n'a pas pour effet d'annuler ]'obligation de se confonner a Parrete, a la nonne ou a ('avis. 3. Les coats deviennent une creance du gouvernement local et peuvent etre ajoutes a ]'avis common d'evaluation et d'impot foncier des gouvernements local et provincial. Inspector: Mark O'Leary Property Address: 2-4 Wellesley Avenue, Saint John, New Brunswick PID: 0371310 The inspection of the above mentioned property on July 2, 2019 has revealed that said property, is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law") Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of the premises (a) any ashes, junk, rubbish or refuse, (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) a dilapidated building. At the property, the following items were noted: (a) ashes, junk, rubbish or refuse. General comments about the property: There are several items on the subject property which are considered unsightly. On the property there are several garbage bags, old mattresses, an old stove, a piece of luggage, cardboard boxes, a shopping cart, a computer monitor, a bicycle frame, broken wooden chairs, a wooden table, a piece of carpet, metal food containers and a piece of plywood with dimensional lumber attached to it. The property is in an unsightly condition and is not in compliance with the By-law. Required remedies: All the items listed must be removed and properly disposed of at an appropriate landfill site. Alternatively, should hese items remain on the premise for storage, they must be stored in a garage or shed, sufficient in size so as to ho(. the items and pppvide full enclosure. ��i/ The unsightl(c kcditio at the I Report 1pre ared and Sign4d by Date rise must be remedied and the property brought into compliance with the By-law. Mark O'Leary G �^ r Reviewed and Concurred In By Christopher McKiel, P. Eng. `) ,) 49, Date File No.: BETWEEN: c. 18, s.1340)) Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # N° du dossier: ENTRE: ch. 13, par. 134(l)) Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Parcel Address: Adresse de la parcelle Owner(s) or Occupier(s): Proprietaire(s) ou occupant(s) Name: Nom : Address: Adresse Telephone: Telephone: Name: Nom: Address: Adresse Telephone: Telephone: that has been given under section 132(3) of the Local Governance Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at 2018. avis qui a ete notlIte aux lei7lies uc i UIMAC; i-1zk-1j U� la Loi sur la gotiaverncnzce locale et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de V appelant(s) dans le present appel cont les suivants (enoncer les motifs de fcaqon claire et concise) : the day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after leaving been given the notice at the.following address: Common Clerk's Office 15 Market Square, City Hall Building, 8"' Floor P, O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopier: 506-674-4214 Notes: 1. A notice that is not appealed within fourteen (1 4) le 2018. Signature du proprictaire ou l'occupant L'appelant(s) a (ont) 1'intention d'utiliser la langue frangaise ou anglaise (Veuillez cocker la case appropriee). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Pavis a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fh6tel de ville, 8` 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506-658-2862 Telecopieur: 506-674-4214 Notes : 1. Un avis dont it n'est pas interjet6 appel dans les may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confine, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within Purteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within ,fourteen (14) tray after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Local Governance Act was not followed, or (b) the decision is unreasonable. (ont) le droit a etre cmc representer par un avocat. 3. Lors d'un appel, le Comite d'appel cies proprietes rnferieures crux normes de Saint John peut eonfinner, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel ties proprietes inLrieures aux normes de Saint John dolt fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel dans les quatorz e (14) fours sulvant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie dime decision a ete fournic par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les guatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur la gotavernance locale n'a pas ete suivie, ou (b) la decision est deraisonnable. Parcel identifier: PID # 00302406 Address: 101 Broadway Avenue, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Fournier, John Ernest Address: 101 Broadway Avenue, Saint John, New Brunswick, E2H 1 Z9 (Loi stir la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Numero d'identification de la parcelle : NID :00302406 Adresse : 101 avenue Broadway, Saint John, Nouveau -Brunswick Proprietaire(s) on occupant(s) Nom: Fournier, John Ernest Adresse : 101 avenue Broadway, Saint John, Nouveau -Brunswick, E2H 1 Z9 Local government giving notice: The City of Saint Gouvernement local signifiant Pavis : The City of John Saint John By-law contravened: Saint John unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Arrete enfreint : Arrete relatif aux lieux inesthetigues et aux bdtiments et constructions dangereux de Saint John, Arrete num6ro M-30, ainsi que ses modifications ci-afferentes (1' « Arrete »). Provision(s) contravened: Subsection 6(1) of the By- Disposition(s) enfreinte(s) : Le paragraphe 6(1) de law. 1'Arret6. Conditions(s) that exist: The premises are unsightly by permitting junk, rubbish or refuse to remain on the premise. The conditions of the premises are not in compliance with the standards provided for pursuant to the By-law. The conditions of the premise are described in Schedule "A", a true copy of the Inspection Report dated August 8, 2019 signed by Mark O'Leary, By-law Enforcement Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. Date before which the condition must be corrected:' Within 15 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8°i Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Description de la (des) situation(s) : Les lieux sont inesthetiques en permettant la presence de ferraille, de detritus ou de d6chets. Les conditions des lieux ne sont pas en conformite selon les standards pr6vus dans 1'Arrete. Les conditions des lieux sont d6crites a l'annexe «A », une copie conforme du rapport d'inspection en date du 8 aout, 2019 signe par Mark O'Leary, un agent charge de 1'execution des arr6t6s du gouvernement local. Ce qu'il y a lieu de faire pour y remedier: La proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le batiment et les lieux en conformit6s avec 1'Arret6. Delai imparti pour y remedier : ' Dans les 15 jours qui suivent la signification de l'avis de conformit6. Date limite pour donner Favis d'appel: Dans les 14 jours qui suivent la notification de Favis de conformite. Processus d'appel La propri6taire peux dans les 14 jours qui suivent la notification de Favis de conformite, envoy6 un avis d'appel par courrier recommand6 a la greffiere communale de la municipalit6, a The City of Saint John, Edifice de 1'h6tel de ville, 8' 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L Potential penalty for not complying with notice Peine possible en cas d'omission de se conformer within time set out in notice:2 Subsection 11 (1) of the aux exigences de Pavis dans le delai y imparti : 2 — 1__-. -`-`-- `,_-` - ---1-- l-[1_ — ---_-]al_ A__ T - L.- 11/1\ A- 11 Aa.nl-' a terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). Local government's authority to undertake repairs or remedy:; Paragraph 12(1)(a) of the By-law states that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John the 8idayj of August, 2019 Local government: TY Vity of Saint John Signature of th// f 7 local 1., Contact inforniation of the government: Name: Mark O'Leary Mailing address: omet de se conformer aux exigences formulees dans un avis de conformit6 notifi6 aux termes de Particle 7 de ladite Arret6, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction pr6vue au paragraphe 11(1) se poursuit pendant plus d'une journ6e, 1'amende minimale qui peut etre impos6e est Pamende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Pinfraction se poursuit conform6ment a Falin6a 11(3)(b)(i). Pouvoir du gouvernement local d'entreprendre des reparations on de remedier a la situation : Conform6ment aux alin6a 12(1)(a) de 1'Arret6, si un avis de conformit6 a 6t6 signifi6 aux termes de Particle 7 de ladite Arret6 et, que le propri6taire ou Poccupant ne se conforme pas a cet avis de conformit6 dans le d6lai imparti et tel qu'il est r6put6 confirm6 ou tel qu'il est confirm6 ou modifi6 par un comfit& du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arret6, la municipalit& peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant et les couts aff6rents a 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du propri6taire ou de Foccupant et deviennent une cr6ance de la municipalit6. Fait a Saint John le 8 aout, 2019 Gouvernement locale : The City of Saint John Signature du fonctionnaire du gouvernement local: of the local Coordonnees du fonctionnaire du gouvernement local: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10`x' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-mail: mark. o'leary@saintjoku -,ca_ Fax: (506) 632-6199 "' s Nom: Mark O'Leary Adresse postale : Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square, Edifice de 1'h6tel de ville, 10' 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: (506) 658-2911 Adresse 6lectronique : mark. o'leary@saintj ohn.ca T616copieur : (506) 632-6199 Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. Notes : 1. Tous Ics permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectee pendant 1'execution des mesures de remediation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de 1'amende n'a pas pour effet d'annuler with the by-law, standard or notice. ('obligation de se confonner A 1'arrete, A la norme ou A ('avis. 3. Costs become a debt due to the local government and may be 3. Les couts deviennent une creance du gouvernement local et added to the joint local government and provincial Real Property peuvent etre ajoutes A Pavis commun d'evaluation et d'impot Assessment and Tax Notice. foncier des gouvernements local et provincial. U -J" Inspector: Mark O'Leary l Property Address. 101 Broadway Avenue, Saint John, New Brunswick S dS a''�i�"1�' i PID: 00302406 1 The inspection of the above mentioned property on July 2, 2019 has revealed that said property is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law") Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of the premises (a) any ashes, junk, rubbish or refuse, (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) a dilapidated building. At the property, the following items were noted: (a) ashes, junk, rubbish or refuse. (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction. General comments about the property: There are several items on the subject property which are considered unsightly. On the property there are garbage bags, old lamps, two broken metal swings, a plastic cooler, a metal bucket, a wicker basket, wooden footboard, scrap wood, a piece of a broken wooden fence, scrap metal, an old mattress, an old rusted metal wood burning stove, a broken lawn chair, clothing, a plastic fuel can, broken plywood shed doors, a broken trampoline, plastic tarps, vinyl siding, a rusted barbeque, a rusted mini refrigerator, old resin lawn furniture tables and chairs, a broken string of outdoor lights, plastic bins, a metal truck box, a plastic truck box, a rubber tired metal trailer and rubbish. The property is in an unsightly condition and is not in compliance with the By-law. Required remedies: All the items listed must be removed and properly disposed of at an appropriate landfill site. Alternatively, should tl}ese items remain on the premise for storage, they must be stored in a garage or shed, sufficient in size so as to hold t46 it6ms and provide full enclosure. The unsightly comfy ic�is VI / premise must be remedied and the property brought into compliance with the By-law. Repot Pr ar6d and Signed beR.Mark O'Leary Date Reviewed and Concurred In By Christopher McKiel, P. Eng. A �T T �� C:1cl Date File No.: BETWEEN: e. 18, s.134(1)) Appellant(s), -and- THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # N° du dossier: ENTRE: ch. 18, par. 134(l)) Appelant(s), - et - THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Parcel Address: Adresse de la parcelle : Owner(s) or Occupier(s): Proprietaire(s) ou occupant(s) Name: Nom: Address: Adresse Telephone: Telephone: Name: Nom: Address: Adresse Telephone: Telephone: that has been given under section 132(3) of the Local Governance Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at the 2018. Favis qui a ete notifie aux termes de I'article 132(3) de la Loi sur la gouvernance locale et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (enoncer les motifs de fagon claire et concise) : day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the_following address: Common Clerk's Office 15 Market Square, City Hall Building, 8"' Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: 506-658-2862 Telecopier: 506-674-4214 Notes: 2018. Signature du proprietaire ou 1'oecupant le L'appelant(s) a (ont) 1'intention d'utiliser la langue franQaise ou anglais e (Veuillez cocher la case appropriee). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Vavis a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fh6tel de ville, 8e etage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 Telephone: 506-658-2862 Telecopieur: 506-674-4214 Notes : 1. A notice that is not appealed within fourteen (14) 1. Un avis dont it n'est pas interjete appel dans les may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Local Governance Act was not followed, or (b) the decision is unreasonable. (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confinner, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant(s) des lieux, du batiment .ou de la construction qui lui a(ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Bane de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur la gouvernance locale n'a pas ete suivie, ou (b) la decision est deraisonnable. Parcel identifier: PID #55017917 Address: Milford Road, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Theriault, Scott Paul Address: 461 Milford Road, Saint John, New Brunswick, E2M 4R5 Local government giving notice: The City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Subsection 6(1) of the By- law. Conditions(s) that exist: The premises are unsightly by permitting junk, rubbish or refuse to remain on the premise. The conditions of the premises are not in compliance with the standards provided for pursuant to the By-law. The conditions of the premises are described in Schedule "A", a true copy of the Inspection Report dated October 2, 2019 signed by Mark O'Leary, By-law Enforcement Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. Date before which the condition must be corrected: Within 15 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8`' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. (Lor sur la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Numero d'identification de la parcelle : NID :55017917 Adresse: chemin Milford, Saint John, Nouveau -Brunswick Proprietaire(s) ou occupant(s) : Nom: Theriault, Scott Paul Adresse : 461 chemin Milford, Saint John, Nouveau -Brunswick, E2M 4R5 Gouvernement local signifiant Pavis : The City of Saint John Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux bfrtirnents et constructions dangereux de Saint John, Arrete numero M-30, ainsi que ses modifications ci-afferentes (1' « Arrete >>). Disposition(s) enfreinte(s) : Le paragraphe 6(1) de 1'Arrete. Description de la (des) situation(s) : Les lieux sont inesthetiques en permettant la presence de ferraille, de detritus ou de dechets. Les conditions des lieux ne sont pas en conformite selon les standards prevus dans 1'Arrete. Les conditions des lieux sont decrites a Fannexe « A >), une copie conforme du rapport d'inspection en date du 2 octobre, 2019 signs par Mark O'Leary, un agent charge de 1'execution des arretes du gouvernement local. Ce qu'il y a lieu de faire pour y remedier: La proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le batiment et les lieux en conformites avec l'Arr6t6. Mai imparti pour y remedier : ' Dans les 15 jours qui suivent la signification de 1'avis de conformite. Date limite pour Bonner Favis d'appel: Dans les 14 jours qui suivent la notification de Pavis de conformite. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Favis de conformite, envoy# un avis d'appel par courrier recommande a la grcffiere communale de la municipalite, a The City of Saint John, Edifice de Fh6tel de ville, 8` etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Potential penalty for not complying with notice Peine possible en cas d'omission de se conformer within time set out in notiee:Z Subsection 11(1) of the aux exigences de Favis dans le d6lai y imparti : r r,,, — ,.„ i., -411 rl,P r P nnrnarnnhe. 11(1) de 1'Arret6 prevoit quiconque terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). Local government's authority to undertake repairs or remedy:; Paragraph 12(1)(a) of the By-law states that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John the 2"/day of October, 2019 Local government: T�6,ty'of Signature of theAl lyca1 government: omet de se conformer aux exigences formulees dans un avis de confonnite notifie aux termes de Particle 7 de ladite Arrete, commet une infraction qui est punissable en vertu de Ia partie 2 de la Loi sur la procedure applicable azar in provinciales a titre d'infraction de la Glasse F. Lorsqu'une infraction prevue au paragraphe 11 (1) se poursuit pendant plus d'une journee, 1'amende minimale qui peut etre imposee est Pamende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la Glasse F multipliec par le nombre de jours pendant lesquels Finfraction se poursuit conformement a 1'alinea I I(3)(b)(i). Pouvoir du gouvernement local d'entreprendre des reparations on de remedier ii la situation : ; Conformement aux alin6a 12(1)(a) de 1'Arrete, si un avis de conformite a ete signifie aux termes de Particle 7 de ladite Arrete et, que le proprietaire ou Poccupant ne sc conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est repute confirme ou tel qu'il est confirme ou modifie par un comite du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arrete, la municipalite peut faire nettoyer ou reparer les lieux de ce proprietaire ou de cet occupant et les coots afferents a 1'execution des ouvrages, y compris toute redevancc ou tout droit connexe, sont mis a la charge du proprietaire ou de Poccupant et deviennent une creance de la municipalite. Fait a Saint John le 2 octobre, 2019 Gouvernement locale : The City of Saint John Signature du fonctionnaire du gouvernement local: Contac'' information o e o icer of the local Coordonnees du fonctionnaire du gouvernement government: local: Name: Mark O'Leary Nom: Mark O'Leary Mailing address: Adresse postale : Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10"' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4LI Telephone: (506) 658-2911 E-mail: mark.o'leary@saintjohn.ca Fax: (506) 632-6199 Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square, Edifice de 116tel de ville, 10° etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4LI Telephone: (506) 658-2911 Adresse electronique:mark.o'leary@saintjohn.ca T616copieur : (506) 632-6199 Corporates.1'ocit, government Sceau du gouvernement local Notes: Notes : 1. All appropriate permits must be obtained and all relevant 1. Tous les permis prescrits doivent etre obtenus et toute la legislation must be complied with in the course of carrying out the legislation pertincnte dolt etre respectee pendant 1'execution des required remedial action. mesures de remediation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement do l'amende n'a pas pour eftiet d'annuler with the by-law, standard or notice. ]'obligation de se confonner a l'arrete, a la nonne ou a ('avis. 3. Costs become a debt due to the local governmcnt and may be 3. Les coots deviennent une creance du gouvernement local et added to the joint local government and provincial Real Property peuvent etre ajoutes a ]'avis commun d'evaluation et d'imp&t Assessment and Tax Notice. foncier des gouvernements local et provincial. Inspector: Mark O'Leary - -- -- 1 Property Address: Milford Road, Saint John, New Brunswick as il PID: 55017917 / ! The inspection of the above mentioned property on September 17, 2019 has revealed that said property is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M- 30, and amendments thereto (the "By-law"). Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of the premises (a) any ashes, junk, rubbish or refuse, (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) a dilapidated building. At the property, the following items were noted: (a) ashes, junk, rubbish or refuse. (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction. (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery. General comments about the property: There are several items on the subject property which are considered unsightly. On the property there are old tires, a car hood, garbage bags, pallets, cabinets, plastic tarps, upholstered chairs, a love seat, a large plastic bin, power tools, scrap wood, a car seat, a hard top for a Jeep, metal frames, a head board, a box spring and mattress and a lawn mower. The property is in an unsightly condition and is not in compliance with the By-law. Required remedies: All the items listed must be removed and properly disposed of at an appropriate landfill site. Alternatively, should these items remain on the premise for storage, they must be stored in a garage or shed, sufficient in size so as to hold the items and provide full enclosure. The unsightly conditiAl the premise�nust be remedied and the property brought into compliance with the By-law. Report Prepared and Signed byA. M6rk O'Leary �/ -7 1 C 4�e0.,�er Date _1 te, Reviewed and Concurred In By Christopher McKie[, P. Eng. l Date File No. BETWEEN: c. 18, s.134(1)) 0 Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier : PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: N° du dossier: ENTRE: ch. 18, par. 134(l)) Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d'identif cation de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Nom: Adresse Telephone: Nom: Adresse Telephone: that has been given under section 132(3) of the Local Governance Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at 2018. 1'avis qui a ete notitie aux termes de Particle 1:12(3) de la Loi sur la gouvernance locale et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le present appel sant les suivants (enoncer les motifs de fagon claire et concise) : the day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please ,forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen: (14) days after having been given the notice at the.following address: Common Clerk's Office 15 Market Square, City Hall Building, 8"' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Tel ecopi er: 506-674-4214 Notes: 2018. Signature du proprietaire ou Foccupant le L'appelant(s) a (ant) Fintention d'utiliser la langue fran�aise ou anglaise (Yeuillez cocher la case appropriee). Yeuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) fours qui suivent la notification de l'avis ci l'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de I'hetel de ville, 8' etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506-658-2862 Tel ecopi eur: 506-674-4214 Notes : 1. A notice that is not appealed within fourteen (14) 1. Un avis dont it West pas interjete appel dans les may be representee by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) clays after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Local Governance Act was not followed, or (b) the decision is unreasonable. (ont) le droit cretre entendu(s) et peut(vent) se taire representer par un avocat. 3. Lars d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a l'oecupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes - de Saint John peut(vent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur la gouvernance locale n'a pas ete suivie, ou (b) la decision est deraisonnable. ! E? oo �q LOc� CU � o \ e � > Go 2 e .. �m 0 W ! E? oo �q LOc� CU � o \ e � > Go 2 e .. �m 0 ! E? oo �q LOc� CU � o \ e � > Go 2 e .. �m 0 k F / aw"Wil. T UNINIMMIMP11 r� x elmlor "w/� I! w t� l b� ✓ ail l COUNCIL REPORT M&C No. 2019-291 Report Date November 08, 2019 Meeting Date November 18, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Saint John Diocesan Cemeteries Inc. — Holy Cross Cemetery correspondence —Approval of Mausoleum OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kenneth Melanson Jacqueline Hamilton John Collin RECOMMENDATION That Common Council hereby approves of the proposed establishment of a mausoleum at Holy Cross Cemetery, Sand Cove Road, Saint John, New Brunswick by Saint John Diocesan Cemeteries Inc. as shown on Attachment 2 to this report. EXECUTIVE SUMMARY The purpose of this report is to authorize Saint John Diocesan Cemeteries Inc. for the installation of a second mausoleum at Holy Cross Cemetery. Written Council approval is required as per the Cemetery Companies Act of New Brunswick. PREVIOUS RESOLUTION At its meeting of October 7, 2019 meeting, Common Council referred general correspondence received from the Saint John Diocesan Cemeteries Inc. to the City Manager. This correspondence is requesting written approval by Council for the placement of an additional mausoleum at Holy Cross Cemetery. REPORT In response to the motion above, the correspondence was referred to Growth and Community Development Services staff for investigation of any permitting requirements. Staff have determined that no permits will be required from the City for the proposed mausoleum. The applicants still cannot proceed until written authorization from Common Council is necessary as per section 13(3) of the rr11 -2 - Cemetery Companies Act, is provided. This report recommends Council provide this support through adopting the proposed resolution. STRATEGIC ALIGNMENT This proposal aligns with Council's priority to provide a Vibrant, Safe City by supporting the operation of various cemetery resources throughout the City of Saint John. SERVICE AND FINANCIAL OUTCOMES Authorizing the mausoleum will enable the Holy Cross Cemetery to proceed with necessary approvals and construction in a timely manner. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS Attachment 1 - Saint John Diocesan Cemeteries Inc. — Holy Cross Cemetery correspondence —Approval of Mausoleum Attachment 2 — Site Plan location of proposed mausoleum N-11 ,gin. 0 SUBMISSION TO COUNCIL FORIV The Qty ofSaint John First Name: Leann Last Name: Nogueira Name of Organization/Group (where applicable): Saint John Diocesan Cemeteries Inc Mailing Address: P.O. Box 2281 City or Town: Saint John Province: NB Postal Code: E21 -3V1 Day Time Phone Number: 506-653-6861 Email: catholiccemeteries@nb.aibn.com D If you do NOT wish to have your personal information (address, phone number, ttmail) become part of the public record, please check this box. W Topic of Submission: Mausoleum Placement in Holy Cross Cemetery Purpose for Submission (what is the as of Council): The Saint John Diocesan Cemeteries Inc. Is requesting approval to place an above ground Mausoleum with 2 crypts for full casket burials within Holy Cross Cemetery. Executive Summary: City Council approval is required for the Saint John Diocesan Cemeteries Inc. to move forward and apply to the Minister of Health in accordance with Section 13(3) of regulation 94-129 under the Cemeteries Act. I have attached a copy of the act along with the requirements of the Minister of Health. We have two Mausoleums that have been previously approved by council that were on a much larger scale and are asking approval for the third to be placed. U61110,1RU019 I I Signature: Leann Nogueira Manager Date: 2019-09-24 r „129 Loi sur les compagnies de cimeticre C-1 V. (B) the security features in the crematorium; (B) des dispositifs de s6curit6 du cr6matorium; (iv) if the crematorium is or will be located within a municipality, the written approval of the council of the municipality for the establishment, alteration or extension of the crematorium; (iv.l) if the crematorium is or will be located within a rural community, the written approval of the rural community council for the establishment, al- teration or extension of the crematorium; and (v) if the crematorium is or will be located within an unincorporated area, the written approval of the Minister of Local Government for the establish- ment, alteration or extension of the crematorium. 1998, c.41, s.17; 2000, c.26, s.33; 2005-83; 2006, c.16, 8.19 (1)� No person shall establish, alter or extend a crypt, mausoleum or vault unless (a) the person is a company incorporated in accor- dance with the Act, and (b) the person obtains the written approval of the Minister and the approval of the Lieutenant -Governor in Council. 13(2) A company shall apply for an approval under paragraph (1)(b) by submitting a written application to the Minister. 3 , An application submitted under subsection (2) shall (a) contain the following information: (i) the name and address of the applicant; (ii) the name and address of the crypt, mausoleum or vault; (iii) if areas are being created or eliminated in the crypt, mausoleum or vault, the number of areas be- ing created or eliminated; and (iv) any other information that the Minister may require; and 10 (iv) si le crdmatorium est situts dans une municipa- lite, ('approbation 6crite du conseil municipal aux fins de la crdation, de la modification ou de 1'agran- dissement du cr6matorium; (iv. 1) si le crematorium est situ6 dans une commu- nautd rurale, 1'approbation 6crite du Conseil de la communaut6 rurale aux fins de la creation, de la mo- dification ou de 1'agrandissement du cr6matorium; et (v) si le crdmatoriurn est situ6 dans un secteur non constitud en municipalit6, I'approbation 6crite du ministre des Gouvernements locaux aux fins de la cr6ation, de la modification ou de I'agrandissement du cr6matorium. 1998, c.41, art.17; 2000, c.26, art.33; 2005-83; 2006, c.16, art. 19 13(1) Nul ne peut cyder, modifier ou agrandir une crypte, un mausolee ou un caveau A moins que a) la personne ne soit une Compagnie constitu6e e corporation confor►ndment A la Loi, et b) is personne n'obtienne une approbation 6crite du Ministre et du lieutenant-gouverneur en Conseil. 13(2) Une Compagnie doit demander une approbation en vertu de I'alin6a (1)b) en soumettant une demande 6crite au Ministre. 13(3) Une demande soumise en vertu du paragraphe (2) doit a) contenir les renseignements suivants (i) le nom et 1'adresse du demandeur; (ii) le nom et 1'adresse de is crypte, du mausol6e ou du caveau; (iii) le cas 6ch6ant, le nombre d'espaces 6tant crMs ou dliminds dans la crypte, le mausolde ou le caveau; et (iv) tout autre renseignement que le Ministre peut exiger; et E:ii] Cemetery Companies Act 0 w (b) be accompanied by (i) a copy of a plan of the crypt, mausoleum or vault and the property on which it is or will be lo- cated that shows the location and dimensions of ev- ery area, path, fence, structure, building, road or body of water adjacent to the crypt, mausoleum or vault; (ii) a certified copy of a deed or other documentary evidence showing that the applicant owns the prop- erty where the crypt, mausoleum or vault is or will be bated; (iii) a copy of a design of the crypt, mausoleum or vault that is prepared by a person who is a member of the Association of Professional Engineers of the Province of New Brunswick or is licensed to prac- tise as a professional engineer under the Engineering Profession Act that contains (A) a list of the materials used or to be used in the construction of the crypt, mausoleum or vault, (B) the number of areas in the crypt, mauso- leum or vault, and (C) the security features in the crypt, mauso- leum or vault; '(iv) „e;crlrpt,, mausoleum or vault is or will be locati~d°within a,municipality, the wrtten..approvnl of the council of Ahe municipality, for the establish - Ment, alteration< or, extension ,of the crypt, mauspr leutr+ orr vault; (iv.l) if the crypt, mausoleum or vault is or will be located within a rural community, the written ap- proval of the rural community council for the estab- lishment, alteration or extension of the crypt, mau- soleum or vault; and (v) if the crypt, mausoleum or vault is or will be lo- cated within an unincorporated area, the written ap- proval of the Minister of Local Government for the establishment, alteration or extension of the crypt, mausoleum or vault+ 13(4) If the Minister approves an application submitted under subsection (2), the Minister shall submit the appli- cation to the Lieutenant -Governor in Council for ap- proval. 11 E -11I b) etre accompagnee 94-129 (i) d'une copie d'un plan de la crypte, du mausolee ou du caveau et de la propriete oil it est situe mon- trant 1'empiacement, les dimensions et les limites de chaque espace, sentier, cloture, construction, bati- ment, chemin on gtendue d'eau adjacent A la crypte, an mausolte on an caveau; (ii) d'une copie certifiee conforme d'un acte de transfert ou de tout autre preuve documentaire de- montrant que le demandeur est propribtaire du ter- rain od la crypte, le mausoIde on le caveau est situe; (iii) d'une copie d'un pian de la crypte, du mauso- lee ou du caveau pr€pare par un membre de I'Asso- ciation des ingenieurs du Nouveau -Brunswick on par un ingenieur titulaire de permis en vertu de la Loi sur to profession d'ingenieur et qui contient une liste (A) des materiaux utilises dans la construction de la crypte, du mausolee ou du caveau, (B) du nombre d'espaces dans la crypte, le mausolee on le caveau, et (C) des dispositifs de securitd de la crypte, du mausolee ou du caveau; (iv) si la crypte, le mausolee on le caveau est situs dans une municipalite, Papprobation &-rite du Con- seil municipal aux fins de la creation, de la modifi- cation on de I'agrandissement de la crypte, du mau- solee ou du caveau; (iv.l) si la crypte, le mausolee ou le caveau est si- tue dans une Communaute rurale, I'approbation ecrite du Conseil de la Communaute rurale aux fins de la creation, de la modification on de I'agrandisse- ment de la crypte, du mausolee ou du caveau; et (v) si la crypte, le mausoiee on le caveau est situe dans un secteur non constitue en municipalite, ('ap- probation ecrite du ministre des Gouvernements lo- caux aux fins de la creation, de la modification ou de I'agrandissement de la crypte, du mausolee on du ca- veau. 13(4) Si le Ministre donne son approbation A une de- mande soumise en vertu du paragraphe (2), le Ministre dolt soumettre la demande au lieutenant-gouverneur en Conseil pour approbation. E:YA COUNCIL REPORT M&C No. 2019-271 Report Date October 24, 2019 Meeting Date November 18, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Council Members Wage Escalation Clause OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Patricia Anglin Jonathan Taylor John Collin RECOMMENDATION It is recommended that Common Council adopt the following: RESOLVED THAT Common Council will follow the provisions of the Wage Escalation Policy FAS -007 for annual salary adjustments to Council Members' Salaries based on the following considerations: • Council will receive an annual salary adjustment based upon the Wage Escalation Policy's three-year rolling average of Assessment Base Growth calculation or • Council will receive an annual salary adjustment based on the Management Professional Non -Union (MPNU) Association salary adjustment • Whichever is less. AND THAT Common Council amend the Bylaw LG -1 A Bylaw to Provide for Salaries to the Members of the Common Council of the City of Saint John to incorporate the annual salary adjustment. EXECUTIVE SUMMARY Many municipalities have provisions in their Council salary bylaws which prescribe cost -of -living adjustments based on particular formulas. This type of approach can help mitigate the significant one-time increases that often occur when compensation levels have not been adjusted in a number of years. E:ic3 -2 - The City of Saint John Wage Escalation Policy FAS 007 ensures: ➢ The City spends within its means; ➢ Wage escalation does not exceed the City's assessment base growth, ➢ Wage and benefit budget increases shall be based on the previous three year rolling average of Assessment Base Growth; ➢ Wage and benefit increases shall not exceed CPI plus 1% unless supported by a business case and approved by Common Council. Common Council's compensation was increased in 2016 based upon recommendations from an independent firm hired by the City to review salary and benefit levels. In 2019 Council adjusted its compensation to address the Canada Revenue Agency's elimination of the 1/3 tax free allowance for elected officials. Currently there are no provisions in Council's salary bylaw to provide for future cost -of -living adjustments or to provide safeguards against potentially unreasonable future increases. It is therefore recommended that Council incorporate a wage escalation mechanism into its salary bylaw based upon the provisions of the City's Wage Escalation Policy. PREVIOUS RESOLUTION Council resolution of October 21, 2019 (agenda Item 11.3): "RESOLVED that Council Members Wage Escalation be referred to the City Manager to determine how best to include Wage Escalation policy within future consideration of Council salaries." REPORT Many municipalities have provisions in their Council salary bylaws which prescribe cost -of -living adjustments based on particular formulas. This type of approach can help mitigate the significant one-time increases that often occur when compensation levels have not been adjusted in a number of years. The City of Saint John Wage Escalation Policy FAS 007 ensures: ➢ The City spends within its means ➢ Wage escalation does not exceed the City's assessment base growth ➢ Wage and benefit budget increases shall be based on the previous three year rolling average of Assessment Base Growth ➢ Wage and benefit increases shall not exceed CPI plus 1% unless supported by a business case and approved by Common Council E:i! -3 - An example of a 3 -year rolling average calculation of assessment base growth percentages is illustrated below. The findings of the 2016 Korn Ferry (Hay Group) Council Compensation Report included the following: • All Council positions at the City of Saint John receive salaries that are the second lowest in the peer group • All municipalities provide benefits (health, dental, life, etc.) in addition to base salary • 5 of the 7 municipalities provide some form of pension to elected officials • 5 of the 7 municipalities provide perquisites to elected officials, the most common being vehicle allowance • Salary adjustments: 0 6 of the 7 municipalities provide on a regular basis, usually annually o Methods used to determine salary increase include: - Collective bargaining agreements - CPI - Published compensation data As a result of the Hay Group recommendations, the salary for members of Common Council was increased. In 2019 a salary adjustment was approved by Council to compensate for the Canada Revenue Agency decision to eliminate the 1/3 tax free allowance for elected officials. Council chose not adopt the staff recommendation to add an annual CPI clause to its Salary Bylaw. On September 23rd, 2019 Council adopted the City of Saint John Wage Escalation Policy FAS 007 for City employees. The Wage Escalation Policy is an important component of Long -Term Financial Plan and strengthens governance related to fiscal responsibilities and improves the overall financial health of the City. On October 21, 2019 Council made a resolution to incorporate the CPI provisions of the Wage Escalation Policy into the Council Members Salary Bylaw. E:16'7 2013 2014 2015 2016 2017 2018 2109 2020 Tax 3.26% -0.48% 0.56% 1.53% 0.59% 0.39% 1.86% Base Growth 3 Year 1.11% 0.54% 0.90% 0.84% 0.95% Rolling Average The findings of the 2016 Korn Ferry (Hay Group) Council Compensation Report included the following: • All Council positions at the City of Saint John receive salaries that are the second lowest in the peer group • All municipalities provide benefits (health, dental, life, etc.) in addition to base salary • 5 of the 7 municipalities provide some form of pension to elected officials • 5 of the 7 municipalities provide perquisites to elected officials, the most common being vehicle allowance • Salary adjustments: 0 6 of the 7 municipalities provide on a regular basis, usually annually o Methods used to determine salary increase include: - Collective bargaining agreements - CPI - Published compensation data As a result of the Hay Group recommendations, the salary for members of Common Council was increased. In 2019 a salary adjustment was approved by Council to compensate for the Canada Revenue Agency decision to eliminate the 1/3 tax free allowance for elected officials. Council chose not adopt the staff recommendation to add an annual CPI clause to its Salary Bylaw. On September 23rd, 2019 Council adopted the City of Saint John Wage Escalation Policy FAS 007 for City employees. The Wage Escalation Policy is an important component of Long -Term Financial Plan and strengthens governance related to fiscal responsibilities and improves the overall financial health of the City. On October 21, 2019 Council made a resolution to incorporate the CPI provisions of the Wage Escalation Policy into the Council Members Salary Bylaw. E:16'7 -4 - It is recommended that Common Council amend the Bylaw LG -1 A Bylaw to Provide for Salaries to the Members of the Common Council of the City of Saint John to incorporate the provisions of the Wage Escalation Policy FAS -007 for annual salary adjustment to Council Members' Salaries based on the following considerations: • Council will receive an annual salary adjustment based upon the Wage Escalation Policy's three-year rolling average of Assessment Base Growth calculation or • Council will receive and annual salary adjustment based on the Management Professional Non -Union (MPNU) Association salary adjustment • Whichever is less. STRATEGIC ALIGNMENT Fiscally responsible SERVICE AND FINANCIAL OUTCOMES Fiscally responsible salaries and benefits. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance and Administrative Services, Legal Services ATTACHMENTS N/A E:11.1 COUNCIL REPORT M&C No. 2019-300 Report Date November 14, 2019 Meeting Date November 18, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: West Saint John Drinking Water Transition Schedule 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 Dean Price Brent McGovern John Collin RECOMMENDATION It is recommended that Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an update regarding the schedule associated with the construction of the interim water pumping station that will support the delivery of drinking water from the new Loch Lomond Drinking Water Treatment Facility to Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove neighbourhoods. Work is scheduled to be completed on the interim water pumping station in January 2020. Saint John Water will commission the new pumping station and put it into service shortly thereafter in late January or February 2020. Staff plan to return to Council with a further update on the timeline of the drinking water transition in January 2020. PREVIOUS RESOLUTIONS On August 19, 2019, Common Council resolved to accept the proposal of Fairville Construction Ltd. for the purchase of a new Packaged Pumping Station at a cost of $466,000 plus HST in M&C No. 2019-212. On July 29, 2019, Common Council resolved to approve an adjustment to the 2019 Water & Sewerage Utility Fund Capital Program to establish a new project entitled Fallsview Drive — Interim Booster Pump Station, with a budget of $575,000 ($525,000 net cost after HST rebate) with the overall 2019 Water & E:Yl -2 - Sewerage Utility Fund Capital Program to remain at the original approved envelope amount as the Fallsview Drive — Interim Booster Pump Station project will be offset from a $525,000 budget surplus from the Metcalf Street project. Also in the same report (M&C No. 2019-189), Common Council resolved to award tender No. 2019-081204T: Package Pump Station — Civil Works, in the amount of $228,107.66 plus HST to Keel Construction Ltd. On July 8, 2019, Common Council resolved that the City implement the interim solution described in M&C No. 2019-168 "South Bay Wellfield Performance" to supply water from the Loch Lomond Drinking Water Treatment Facility to Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove neighbourhoods, while it develops a long-term solution to ensure a sustainable supply of safe, clean drinking water for West Saint John. STRATEGIC ALIGNMENT Saint John invests in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES N/A REPORT The project to deliver drinking water from the new Loch Lomond Drinking Water Treatment Facility to Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove neighbourhoods has been progressing well. The design and construction of the interim or packaged water pumping station is underway. Knowing that the pumps would be the item that would take the longest time to deliver and that they are key to beginning the assembly of the packaged pumping station, staff proceeded with ordering the pumps first. The pumps arrived in Saint John on November 4, 2019. The fabricator has all of the major components on hand at this time and has begun to assemble the pumping station at their Saint John facility. The fabrication and assembly will be completed in the next 4-8 weeks (mid- December 2019 to mid- January 2020) and, once completed, the pumping station will be delivered to the site at Fallsview Drive. Once on site, power and water connections will be made and the station will undergo required testing. Pipes will then be disinfected before the station is commissioned and entered into service. Timeline A public call for proposals was issued June 25, 2019 for a packaged pumping station that includes the provision of all labour, materials and equipment E:1:3 -3 - required to provide a complete packaged pumping system housed in a portable prefabricated building. A civil works tender package was approved by Council on July 29, 2019. The contractor is currently preparing the site to accept the station, and the station is being assembled. Work is scheduled to be completed in January 2020 with commissioning and entering into service the new interim pumping station shortly thereafter in late January or February 2020. Staff plan to return to Council to provide a further update on the timeline of the drinking water transition in January 2020. Once the new pumping station is commissioned, water will begin to flow from the new Loch Lomond Drinking Water Treatment Facility to the neighbourhoods of Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Communications Department is developing public communications that will be used to further inform the west side customers who will be experiencing a transition in their drinking water source. Communications methods to inform residents will include social media, traditional media, website, and direct mail shortly prior to the drinking water transition. ATTACHMENTS N/A E-lue COUNCIL REPORT M&C No. 2019-308 Report Date November 13, 2019 Meeting Date November 18, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Microsoft Business and Services Agreement — Annual Update Statements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Robert James Stephanie Rackley -Roach Neil Jacobsen John Collin RECOMMENDATION The City Manager recommends that the Mayor and Common Clerk be authorized to execute the necessary documents to complete the annual Enterprise Update Statements process for Year 1 and Year 2 in accordance with the terms of the Microsoft Business and Services Agreement signed on May 15, 2017 in M&C No. 2017-129. EXECUTIVE SUMMARY In 2017, the City entered into a three (3) year Business and Services Agreement with Microsoft for Software Assurance. Software Assurance is a collection of benefits included with Microsoft products such as free software upgrades, e -training, and backup recovery. For each year of the agreement, the City is required to complete an Enterprise Update Statement. This process essentially accounts for any new licenses that have been added during the year. Enterprise Update Statements for Year 1 and Year 2 are now required. The statements are required to be signed in order to purchase any additional licenses in the final year, Year 3, of the agreement. PREVIOUS RESOLUTIONS May 15, 2017: 5.12: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-129: Microsoft Business and Services Agreement, the City enter into a three (3) year term Enterprise Enrollment Agreement with Microsoft Corporation for Volume Licensing Renewal of Microsoft's Software as outlined in the form attached to M&C 2017-129. 0191 -2 - REPORT Microsoft software products are used by over one thousand (1000) users, including employees of the City of Saint John and our agencies, boards, and commissions. Products include: • Operating Systems (OS) for desktop computers, laptops, and tablets • Microsoft Office Suite (Word, Excel, PowerPoint, Outlook, etc.) • Operating Systems for application servers • Application software for servers (e.g., email — Exchange, internal web site service — SharePoint, databases — SQL) Microsoft software powers and enables City communication systems (saintjohn.ca, email), financial systems, protective services (911 dispatch, Police records, Fire Resource Management), road maintenance tracking, Saint John Water Utility infrastructure monitoring and design, property planning, and Council agendas. Software Assurance is a comprehensive volume licensing program that includes a range of software and service benefits. Software Assurance provides the City with 240 technical support, deployment planning services, end-user and technical e -training, exclusive technologies and rights, backup disaster recovery rights, as well as the latest Microsoft software version releases. Software Assurance allows the City's Information Technology administrators to ensure that these enabling technologies remain secure, up to date, and operational while remaining fiscally responsible. The agreement with Microsoft also provides the flexibility to grow without the need to purchase incremental licenses every time they are required. Once a year, the City is required to align the agreement with the total number of licenses that may have been added in the previous twelve (12) months. This true -up process involves an inventory of all the qualified computers, users, and servers added over the course of the year, along with any additional product use requiring a license from Microsoft. STRATEGIC ALIGNMENT The Microsoft operating system, Windows, and the Microsoft Office products (Word, Excel, PowerPoint, Outlook, etc.) are integral to City operations. The agreement signed in 2017 provides fiscal stability and enables strategic policies and improvements. The Enterprise Update Statements are required in the terms of this agreement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal team was consulted in reviewing the Enterprise Update Statements and support the recommendation. ATTACHMENTS Microsoft Enterprise Update Statements, Year 1 and Year 2 021 Microsoft Enterprise Update Statement Enterprise Agreement Number 75E61130 Enrollment Number 7203748 Company Name The City of Saint John. Volume Licensing In accordance with the terms of entity's Enterprise Agreement and Enrollment, a true -up order must be submitted for each Enrollment's anniversary (including at Enrollment expiration and prior to any renewal) to account for License quantity increases for: a. Qualified Desktops/Devices or Qualified Users b. Online Services (where permitted) c. Previously ordered Additional Products d. Products included in the Server and Cloud Enrollment or Enrollment for Core Infrastructure e. Products included in the Enrollment for Application Platform. Products selected with the three year true -up option must place the true -up order only upon enrollment expiration and prior to renewal. If entity has ordered any additional quantities since its last Enrollment anniversary, this annual true -up order is still required. Entity must submit an Enterprise Update Statement for each anniversary when there has been no increase in required License quantities as described above. ® In checking this box, entity confirms that under the above referenced Enrollment, there has been no increase in the number of required Licenses not already ordered in a prior placed True Up Orders. Entity understands that it is the responsibility of the entity to ensure that all licenses installed are used according to the Enterprise Agreement and Enrollment referenced above. Select applicable year for this Update statement: Year 1 Customer/Government Partner (as applicable) Name .. .. - Name of Entity* The City of Saint John. Signature* Printed Name* Printed Title* Signature Date* * indicates required fields EAU nive rsal U pdateStatem ent(WW)(E N G)(J u1201 5) 92 Page 1 of 1 Microsoft Enterprise Update Statement Enterprise Agreement Number 75E61130 Enrollment Number 7203748 Company Name The City of Saint John. Volume Licensing In accordance with the terms of entity's Enterprise Agreement and Enrollment, a true -up order must be submitted for each Enrollment's anniversary (including at Enrollment expiration and prior to any renewal) to account for License quantity increases for: a. Qualified Desktops/Devices or Qualified Users b. Online Services (where permitted) c. Previously ordered Additional Products d. Products included in the Server and Cloud Enrollment or Enrollment for Core Infrastructure e. Products included in the Enrollment for Application Platform. Products selected with the three year true -up option must place the true -up order only upon enrollment expiration and prior to renewal. If entity has ordered any additional quantities since its last Enrollment anniversary, this annual true -up order is still required. Entity must submit an Enterprise Update Statement for each anniversary when there has been no increase in required License quantities as described above. ® In checking this box, entity confirms that under the above referenced Enrollment, there has been no increase in the number of required Licenses not already ordered in a prior placed True Up Orders. Entity understands that it is the responsibility of the entity to ensure that all licenses installed are used according to the Enterprise Agreement and Enrollment referenced above. Select applicable year for this Update statement: Year 2 Customer/Government Partner (as applicable) Name .. .. - Name of Entity* The City of Saint John. Signature* Printed Name* Printed Title* Signature Date* * indicates required fields EAU nive rsal U pdateStatem ent(WW)(E N G)(J u1201 5) 93 Page 1 of 1 COUNCIL REPORT M&C No. 2019-307 Report Date November 14, 2019 Meeting Date November 18, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Security Information and Event Management (SIEM) Contract Award OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author I Commissioner/Dept. Head City Manager Stephanie Rackley -Roach I Neil Jacobsen John Collin RECOMMENDATION The City Manager recommends that: 1. The City enters into a three (3) year Agreement with Bulletproof Solutions ULC for Security Information and Event Management (SIEM) Software as a Solution (SaaS) and 24/7/365 Security Operations Center (SOC) Monitoring with an option for two (2) additional two (2) year extensions. 2. The Mayor and Common Clerk be authorized to execute the necessary contract documents. 3. Common Council pre -approve the funds allocated in the draft 2020 General Fund Operating budget required to award the contract. EXECUTIVE SUMMARY A Security Information and Event Management (SIEM) solution provides an organization's Information Technology administrators with network security intelligence and real-time monitoring of network devices, systems, and applications. Not only can this technology log security events, they have the ability to analyze the log entries to identify signs of malicious activity. Organizations use SIEM to protect their most sensitive data and to establish proof that they are doing so, which allows them to meet compliance requirements. While SIEM technology has been around for more than a decade, it has become a critical component of a comprehensive security strategy in today's threat environment. SLI -2 - The City issued an RFP on June 14, 2019 to select a competent Proponent who has sufficient experience supplying, installing, training and supporting industry leading SIEM solutions. The solution could be either on -premise solutions, cloud managed services and/or other hosted solutions, or a combination thereof. The RFP also requested submissions for SIEM management and/or monitoring services. Closing on July 18, 2019 with ten (10) responses received, City staff from Materials Management lead an evaluation team through a process to select a solution based on technical and financial criteria. Through the processs, it became evident that Software as a Solution (SaaS) or a hosted solution with 24/7/365 monitoring would provide the best value to the City over an on -premise solution. Based on the evaluation results, Bulletproof Solutions ULC was selected as the successful Proponent. Bulletproof will be responsible for supplying, installing, training and supporting an industry leading SaaS SIEM and monitoring service through their Security Operations Center (SOC). The total cost over the three-year contract is $358,200 plus HST. Funds have been allocated into the draft 2020 general fund budget for a SIEM solution. REPORT Cyber attacks on municipal governments are on the rise. With thousands of attacks launched daily around the world, it is not a matter of "if", but "when" an organization will experience a cyber attack. Local governments are attractive targets for cyber attacks given they house private data (on -premise servers), cybersecurity is not a top priority, attacks have been successful, and are public - facing. The cost of successful cyber attacks includes interruptions in essential service delivery, loss of data or records, loss of productivity, cost recovery at the expense of taxpayers, inability to collect revenue, and erosion of trust. There have been numerous examples of successful cyber attacks on municipal government, many of them making headlines in national media outlets. Council was presented with a number of strategic activities in January 2019 that were to be undertaken to enhance cybersecurity. One of the priorities was to invest in a Security Information and Events Management (SIEM) system. This action was strongly recommended as a first step from our partners at the Canadian Institute for Cybersecurity (CIC) to improve the City's ability to detect and respond to cyber threats. Security Information and Events Management (SIEM) A SIEM provides an organization's Information Technology administrators with network security intelligence and real-time monitoring of network devices, systems, and applications. The SIEM monitors system event logs produced by the various network components to generate alerts to the organization to flag security issues and track incidents back to an original security event. OR -3 - Using a SIEM, the City's Information Technology administrators can better mitigate sophisticated cyber attacks and data breaches, monitor user activity, and meet regulatory compliance requirements, such as Payment Card Industry Data Security Standard (PCI DSS). The City's investment in a SIEM will allow for faster reaction to security events, thereby reducing downtime of services, avoid reputational damage caused by security breaches, and costs associated with disclosure and remediation of cyber attacks. Maximizing the benefits of a SIEM requires constant monitoring and response plans to potential cyber threats. Based on the type of solution implemented, a SIEM can reduce information security related costs through automatic report generation for security compliance and operational efficiency. The City issued a Request for Proposals for a SIEM solution and options for monitoring. Respondents were invited to propose on -premise solutions, cloud managed services and/or other hosted solutions, or combination of. The RFP also requested proposals for monitoring options including 24/7/365 monitoring, management and incident response, 24/7/365 monitoring only, and after business hours monitoring only. RFP Evaluation and Selection Process The RFP was issued on June 14, 2019 and closed on July 18, 2019 with 10 responses. An evaluation team that was comprised of members of the City's Information Technology Team and the City's main technical contact at the CIC with expertise in cybersecurity and SIEMs. The team evaluated the proposals based on the following; a. Provision, installation, training, supporting of SIEM b. Management and monitoring of SIEM Once technical scores were tallied for the service offering outlined in the RFP, financials were opened and factored in. It was obvious to the team that pricing for an 'on -premise' solution was going to be significantly higher in price than a 'hosted' solution or a Software as a Service (SaaS) model; therefore, the decision was made to move towards a SaaS solution, which offered the City better value. The team then short listed to the top five (5) proponents that had the highest technical scores. All top five (5) proponents had an option for a hosted solution. Interviews were held with each of the five (5) proponents, which included a brief demo of their proposed SaaS solution. They were also required to answer a list of questions. Considering the interviews and the answers provided to the questions posed by the City's evaluation team, the evaluators then modified/rescored their technical evaluations based on the knowledge and information gathered. The team made a decision to further short list to the top three (3) proponents that had the highest technical scores. Each of the top three (3) proponents was -4 - asked to provide pricing based on 2,000 events per second (EPS) for SaaS and 24/7/365 monitoring and support to ensure consistency in evaluating the proposals. Once pricing was received, it was incorporated into the evaluation score in order to make a recommendation to Common Council. Successful Proponent Bulletproof Solutions ULC (Bulletproof) is based in Atlantic Canada and provides a wide range of IT professional services, spanning security services, managed IT services, solutions delivery, and learning. Bulletproof has extensive experience in deploying SIEM solutions and providing security monitoring through their Security Operations Center (SOC). This includes experience in the public sector. Bulletproof will be responsible for supplying, installing, training, and supporting an industry leading SaaS SIEM. SaaS is a service delivery model whereby software is accessed on a subscription basis and hosted by the provider as a service rather than purchased and installed on an organization's own IT infrastructure. Benefits to the City in a SaaS model include: lower upfront costs; lower operating costs, as upgrades and support are included in the single subscription cost; no capital costs for new hardware or hardware replacement; scalability to quickly meet additional requirements; redundancy to minimize downtime of the solution; innovation in providing a continuously improved service; extensibility to easily add additional capabilities or functionality; no additional staff required, as resources required to deploy and maintain the software and hardware are managed by the service provider. Bulletproof will also provide monitoring on a 24/7/365 basis through their SOC. This level of monitoring allows detection and containment of threats to be completed in a timely manner to reduce the risk of the threat spreading across the City's network and compromising additional systems. The City does not have the capacity to manage and monitor the SIEM, as this would require three to four additional staff members with the appropriate technical skills. External monitoring also mitigates staffing risks due to vacations, illness, and other staffing challenges such as 24/7/365 availability and overtime costs. The City's IT team will work with the Bulletproof SOC for any containment, recovery, and implementation of recommended improvement measures to enhancesecurity. STRATEGIC ALIGNMENT The implementation of a SIEM solution supports Council's priority of being fiscally responsible. Continuous improvement of the City's information systems and security provides safeguards for the City's financial data and personal information. SERVICE AND FINANCIAL OUTCOMES Otl -5 - The cost proposed by Bulletproof for the SaaS SIEM solution and 24/7/365 monitoring through their SOC is $9,950 plus HST per month. All costs associated with implementation and training are included as part of the monthly cost. The total cost over the three-year contract is $358,200 plus HST. Funds have been allocated into the draft 2020 general fund budget for the recommended SIEM solution. The award of the contract would be pending the approval of the 2020 general fund operating budget. The need for enhanced cybersecurity has become paramount with the increasing number of potential successful cyber attacks. A successful attack has the ability to interrupt service delivery, result in financial losses, enable theft of information, and adversely affect the reputation of the City. Current cybersecurity controls and processes employed by the City have been adequate in detecting the majority of attacks; however, there remains limited capacity to mitigate or prevent a major attack without a SIEM and the monitoring benefit of a SOC. The SaaS solution with constant monitoring provides better security value to the City than an on -premise solution. Depending on the SIEM selected, total investment of an on -premise solution for software, hardware installation, training, and support can range between $180,000 to $200,000 plus HST in capital costs. Monitoring costs can also range widely depending on the service provided; however, in all cases it is more cost-effective to secure external services given the additional staffing requirements with appropriate expertise required to leverage the benefits of a SIEM. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Materials Management team managed the procurement process. Input was provided from the purchasing lead and incorporated into the report. Materials Management has reviewed the report and is supportive of the recommendation. The City's Finance team has reviewed the requirements for a SIEM and the value of recommending a SaaS solution. The Finance team is supportive of the recommendation. The City's Legal team has reviewed the recommendation and Agreement. The Legal team is supportive of the recommendation. ATTACHMENTS AGREEMENT 2019-080601P: Security Information and Event Management (SIEM) 01:3 -6 - Me%] M��p}p}.wV�mYff� W MMM AGREEMENT 2019-080601P Security Information and Event Management (SIEM) Saint John, NB `hill AGREEMENT This Agreement made in duplicate copies this day of , 2019. BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THE FIRST PART And [Name of Organization], a [type of organization], having offices located at [address], in the City of [City] and the Province of [Province], hereinafter referred to as the "Consultant" OF THE SECOND PART WHEREAS the City issued Request for Proposal [2019-080601P] for [Security Information and Event Management (SIEM)] (the "Request for Proposal"); and AND WHEREAS the Consultant submitted a technical proposal and a financial proposal, both dated [Date] in response to the Request for Proposal (collectively, the "Proposal"); and AND WHEREAS the Request for Proposal and the Proposal are attached hereto as Schedules "A" and "B" respectively and form part hereof, AND WHEREAS the financial proposal which forms part of the Proposal, is attached hereto as Schedule "C"; and AND WHEREAS the Common Council at its meeting held on [Date] resolved that: "[Resolutionj." NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in the Request for Proposal and the Proposal, the parties for themselves, their successors and permitted assigns respectively, mutually agree as follows: 1. The Consultant shall perform the services and carry out the terms and conditions set out in the Request for Proposal and the Proposal. RFP 2019-080601P —The City of Saint John SECURITY INFORMATION AND EVENT MANAGEMENT `O Page 2 of 6 2. The City shall pay the Consultant, in return for the services performed, fees as outlined in the financial proposal which forms part of the Proposal, plus HST. Term 3. Any resulting contract from this RFP for hardware, software, maintenance, support and monitoring services is expected to be valid for three (3) years. The City with the Consultant's mutual agreement may choose to purchase maintenance support for up to two (2) additional two (2) year periods. Termination 4. The City may immediately terminate this Agreement upon giving notice to the Consultant where: a. The Consultant makes an assignment for the benefit of its creditors, is declared bankrupt or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes advantage of provisions for relief under the Bankruptcy and Insolvency Act (Canada) or similar legislation in any jurisdiction, or any other type of insolvency proceedings being commenced by or against the Consultant under the Bankruptcy and Insolvency Act (Canada) or similar legislation; b. The Consultant breaches any of the terms or conditions of the within Agreement; c. In the City's reasonable opinion, the Consultant, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the City; d. The Consultant undergoes a change of control which, in the reasonable opinion of the City, adversely affects the Consultant's ability to satisfy some or all of its obligation under the within Agreement; e. The Consultant subcontracts for the provision of part or all of the services without first obtaining the written approval of the City. The above rights of termination are in addition to all other rights of termination available at law, or events of termination by operation of law. Performance 5. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Non -Performance 6. The failure on the part of either party to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. RFP 2019-080601P —The City of Saint John Page 3 of 6 SECURITY INFORMATION AND EVENT MANAGEMENT 102 Indemnification 7. The Consultant hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively "Claims"), by whomever made, sustained, brought or prosecuted, for third party bodily injury (including death), personal injury and damage to real or tangible personal property, in any way based upon, occasioned by or attributable to anything done or omitted to be done by the Consultant, its subcontractors or their respective directors, officers, agents, or employees in the course of performance of the Consultant's obligations under, or otherwise in connection with, this Agreement. The obligations contained in this paragraph shall survive the termination or expiry of this Agreement. Remedies 8. Upon default by either party under any terms of this Agreement, and at any time after the default, either party shall have all rights and remedies provided by law and by this Agreement. 9. No delay or omission by either party in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, either party may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of each party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. Mediation 10. All disputes arising out or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. Despite this Agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. The place of mediation shall be the City of Saint John and Province of New Brunswick. Force Majeure 11. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform his undertakings under the terms of the Agreement when the delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot be reasonably foreseen or provided against. No Assignment 12. This Agreement is not assignable. Any attempt to assign any of the rights, duties or obligations of this Agreement is void. RFP 2019-080601P —The City of Saint John Page 4 of 6 SECURITY INFORMATION AND EVENT MANAGEMENT 103 Time 13. This Agreement shall not be enforced, or bind any of the parties, until executed by all the parties named in it. Notices 14. Any notice under this Agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid, mailed in a Canadian post office and prepaid courier, addressed, in the case of notice to the City of Saint John, to the Common Clerk, 15 Market Square, P. O. Box 1971, Saint John, New Brunswick, E2L 4L1 and in the case of notice to the Consultant to [Address], or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be 5 days after the mailing. Amendments 15. No change or modification of this Agreement shall be valid unless it is in writing and signed by each party. Acknowledgment of Terms and of Entirety 16. It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt within it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. Further Documents 17. The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. Validity and Interpretation 18. Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 19. It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. Governing Law 20. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. RFP 2019-080601P —The City of Saint John Page 5 of 6 SECURITY INFORMATION AND EVENT MANAGEMENT 104 Successors, Assigns 21. This Agreement shall enure to the benefit of and be binding on the respective successors and permitted assigns of each of the parties. Independent Legal Advice 22. The parties each acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. Acknowledgment of Receipt of Copy 23. Each party acknowledges receipt of a true copy of this Agreement. Defined Terms 24. When used in this Agreement, the following word or expression has the following meaning: "Indemnified Parties" means the City, its officers, directors, employees or agents. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & ) THE CITY OF SAINT JOHN DELIVERED ) per In the presence of: ) Mayor RFP 2019-080601P —The City of Saint John SECURITY INFORMATION AND EVENT MANAGEMENT Assistant Common Clerk Common Council Resolution: [Organization] Per: [Title] `Wee Page 6 of 6 COUNCIL REPORT M&C No. M&C 2019-296 Report Date November 13, 2019 Meeting Date November 18, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Saint John Hotel Association Sponsorship of Ice Sport Non -Resident User Fees 2019-2020 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 Your City Manager recommends Common Council: 1. Accept a $60,000.00 sponsorship from the Saint John Hotel Association in lieu of charging the previously approved $200.00 + HST Non -Resident User Fee for ice sport use of City arenas for the 2019-2020 season. 2. With endorsement of #1, direct your City Manager to immediately cancel roll-out of the Recreation Card Program for ice sports at City arenas for the 2019-2020 season and issue refunds to any non-residents that have paid the $200.00 + HST Non -Resident User Fee. 3. Endorse that recommendations in this M&C 2019-296 generally supersede all previous resolutions related to Non -Resident User Fees and the Recreation Card Program for ice sport use of City arenas for the 2019- 2020 season. 4. Reaffirm that Council's direction on non-resident user fees for the 2020- 2021 season remains in effect unless an alternative solution is presented for review and approval by Common Council. 5. Ask the Mayor to officially thank the Hotel Association for their sponsorship. REPORT The Saint John Hotel Association has offered a $60,000.00 sponsorship in lieu of the City rolling out the Recreation Card Program for ice sport use of City arenas for the 2019-2020 season. The sponsorship, combined with program costs spent to date, is generating net revenues to the City similar to what would otherwise `191-1 have reasonably been expected to be generated through full rollout of the program. City staff is of the opinion that the Hotel Association's offer would permit the region more time to agree on a collaborative regional cost sharing model for arenas. This Common Council has consistently agreed that a regional cost- sharing model is the fairest and most sustainable long term solution and has offered the region a specific set of principles as the foundation for agreement of that model. City staff is also of the opinion that the association's offer, in isolation, is not a long-term sustainable solution. Status quo, where City taxpayer subsidization of non-resident use of recreation exists is not viable. The City's current difficult financial state, where City services to City residents are at risk, only amplifies this inequity. Whether a regional outcome can be endorsed, or a City of Saint John solution is developed, an approach where regional contributions to recreation services and facilities that more closely matches regional use of that infrastructure is a fairer and more sustainable approach than the status quo. With continued support from Common Council, City staff intends to continue its efforts to contribute to a regional cost sharing approach in a collaborative way while continuing to have backup plans for equitable cost recovery if a regional model proves impossible to achieve. PREVIOUS RESOLUTION On June 17, 2019 Common Council endorsed the "Recreation Card & Non - Resident User Fee" along with a $200.00 + HST, and a $350.00 + HST non- resident user fee, for the 2019-2020 and 2020-2021 seasons, respectively. FINANCIAL AND SERVICE IMPLICATIONS The amount offered by the Saint John Hotel Association is equivalent to the anticipated net proceeds of the Recreation Card Program and as such there will be no negative financial implications. ATTACHMENTS N/A `[9tl 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 ---- — I P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 `11111Uj 00 45 z N N O L Q Q) (O r (O Q) U Q) O N u M M a --J Q) O r Q) (O O C Q) (O r O N O U N COUNCIL REPORT M&C No. 2019-301 Report Date November 12, 2019 Meeting Date November 18, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Sustainability: Process for Approving Initiatives OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author I Commissioner/Dept. Head City Manager Stephanie Rackley -Roach I Neil Jacobsen John Collin RECOMMENDATION It is recommended that Common Council approve the two-step process designed to approve the sustainability initiatives that will be implemented to address the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY In early October 2019, Council was presented over sixty (60) ideas that the staff would explore in order to address the entirety of the deficit in 2021 and 2022. In total, there were approximately $15 million of ideas to address a forecasted requirement of $11 million of adjustments. As the staff continues to develop these ideas, it is time for Council to provide their initial input in order to help triage the possibilities. Addressing the entirety of the deficit in 2021 and 2022 requires a holistic approach to decision-making. Rather than making one-off decisions on whether to implement a particular sustainability initiative, a two-step approach is proposed to guide Council's decision-making. The first step involves Council evaluating business cases to determine if a sustainability idea should be considered as an option to address the deficit. Those ideas that Council approves as options will be placed in a 'sustainability hopper'. In other words, a list of sustainably options that will continue to be considered for implementation must be developed. For those ideas that Council does not approve as sustainability options, they will be taken off the list and no further work will be completed. `§1.1 -2 - As part of the second step of decision-making, City staff will bring forward a recommendation on which sustainability initiatives from the hopper to implement and reflect revenue or savings in the 2020 budget the week of December 2, 2019. A recommendation on the remaining initiatives in the sustainability hopper that should be implemented to address the entirety of the deficit will be brought forward for Council's consideration in late March 2020. The proposed approach provides Council with another opportunity to review sustainability ideas and provide direction to City staff on what options should be considered. It also allows staff to more efficiently focus resources and effort on only those sustainability initiatives that will be implemented to address the deficit. REPORT At the October 7, 2019 meeting of Common Council, a three -pronged approach was presented to address the City's structural deficit: effectiveness and efficiency reviews; sustainability initiatives; and transformational reforms. As part of the overview on the sustainability initiatives, over sixty (60) ideas were presented that will either generate revenue or reduce operating costs. Council was advised that once those ideas were refined, City staff would return to Council for deliberation and decision on those ideas that will be implemented to address the entirety of the deficit in 2021 and 2022. In order to support Council in its decision-making on which initiatives will form part of the solution to address the deficit in the short term, City staff has developed a process that will allow Council to consider the initiatives as a collective, rather than as one-off projects. The proposed two-step approach also supports Council in making a decision as to whether savings or revenue targeted in specific initiatives is incorporated into the 2020 or 2021 operating budget. The proposed process essentially provides Council with another opportunity to review sustainability ideas before making a decision as to what initiatives will be implemented. In providing Council with more detail on each of the sustainability ideas, this opportunity allows Council to provide direction to City staff on what ideas they would continue to consider supporting as part of the solution to addressing the deficit in 2021 and 2022. This includes direction on what ideas should not be considered. The proposed approach allows City staff to focus efforts on sustainability initiatives that will eventually form part of the solution to the short-term deficit. Proposed Process The first step of decision-making involves the presentation of a business case on each of the initiatives. Business cases will be presented as part of Council's standing agenda item 12.2 Sustainability Initiatives. The business case will -3 - include the appropriate amount of detail in terms of a description of the initiative, the steps required for implementation, the anticipated service and financial impacts, and critical requirements to successfully achieve desired results (i.e., either revenue generation or cost reductions). Based on the information outlined in the business case, Council will decide whether the initiative is an option that should be considered to address the 2021 and 2022 deficit. Initiatives that Council approves as options will be placed in a 'sustainability hopper'. In other words, a list of approved sustainability options that will continue to be considered to address the deficit will be developed. The ideas that are not approved as options will no longer be considered and City staff will no longer work towards implementation on the initiative. As part of the second step of decision-making, the Sustainability Team in consultation with the Senior Leadership Team will develop a recommendation on which initiatives from the sustainability hopper should be undertaken to address the deficit. The recommendation of which initiatives to proceed with will consider feedback from Council and the evaluation of selection criteria for each initiative. The recommendation for initiatives to be implemented and incorporated into the 2020 general fund operating budget will be brought forward to Council during the week of December 2, 2019. This will allow for time to make adjustments for Council's approval of the 2020 budget. City staff will continue to present business cases for sustainability ideas in the new year. The recommendation for initiatives from the hopper to be implemented and incorporated into the 2021 general fund operating budget will be brought forward to Council in late March 2020. Although timelines are ambitious, approval of sustainability initiatives by the end of March 2020 will provide the time necessary to fully evaluate, implement, and incorporate revenue or a savings into the 2021 operating budget. A number of the sustainability ideas presented to Council on October 7, 2019 are continuous improvement initiatives that focus on improving the cost- effectiveness of service while not impacting service levels or the public. These initiatives will be presented as part of Council's standing agenda item 12.1 Continuous Improvement. A recommendation on incorporating the revenue or savings into the 2020 or 2021 budget will be brought forward as part of the recommendations for Council's consideration the week of December 2, 2019 or late March 2020. Figure 1 illustrates the proposed process. `§F:3 -4— STEP 1 STEP 2 Develop Yes Sustainability Prioritize for Business Case Hopper 2020/2021 w I No I I No—WeEk VV of Dec 2 V �II , Yes Implement ''•wapproved la"� NNN Iluu No ������1�lIII�IIII��IIIIIIIIIIIIIII���IIIII�IIIIIIIII���IIIIIIIII�III������ ��� Illlllll�llllllillhlllllll�l��lullll Illllllllllllllllllllllllfllllio�llll�lml������ Figure 1: Proposed process for approving sustainability initiatives for implementation STRATEGIC ALIGNMENT The proposed process for approving the implementation of sustainability initiatives provides for a balanced approach to decision-making as it relates to the impact on each of Council's Priorities: Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible. SERVICE AND FINANCIAL OUTCOMES The objective of the proposed process is to guide Council through a decision- making process that addresses the projected deficit in 2021 and 2022. Based on feedback from Council and the re-evaluation of the projected deficit, City staff will recommend initiatives that achieve combined revenue and cost savings targets to address the deficit while making efforts to minimize the impact on Council's Priorities. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Senior Leadership Team has been made aware of the proposed process and has provided feedback. ATTACHMENTS N/A flfl�7 COUNCIL REPORT M&C No. 2019-293 Report Date November 14, 2019 Meeting Date November 18, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Sustaining Saint John — A Three -Part Plan (Status 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 Neil Jacobsen John Collin John Collin RECOMMENDATION Receive for information. EXECUTIVE SUMMARY The purpose of this Report is to provide Saint John Common Council, Members of the Legislative Assembly from the Greater Saint John Region, and the general public with a joint update and progress report regarding the Action Items and commitments contained within Sustaining Saint John —A Three -Part Plan. The progress report will also be shared with the Premier's Office and all four political parties currently represented in the Provincial Legislature in order to ensure broad situational awareness. PREVIOUS RESOLUTIONS Common Council —August 19, 2019 Moved by Councillor Sullivan, seconded by Councillor Strowbridge and passed by majority vote: RESOLVED that: 1) Common Council endorse the report while continuing to voice its reservations over: • Failure to solve the financial gap for the years of 2021 and 2022 • Lengthy timelines and uncertainty for the significant reforms `we] -2- • Lack of detailed implementation plans for the significant reforms 2) Common Council formally re -consider in March 2020, in Open Session, their endorsement of this Plan based on the progress made. This date would be concurrent with the Provincial commitment to re -assess in Part Three of the Plan, and also be concurrent with the City's commitment to have all implementation plans for financial restructuring approved. 3) City Staff, working through Finance Committee, continue with their efforts/plans to address the entirety of the deficit for 2021 and 2022; respecting the motion passed by Common Council on this issue. 4) Common Council request to the Province that detailed implementation plans be produced for each of the 20 Action Items. 5) That the working committee established to produce this Plan remain extant and assist in the coordination and implementation of the entire Plan. 6) City staff provide a report to Council every two months as a minimum (and more often if deemed necessary) on the progress on the 20 Action Items, and on Parts Two and Three of the Plan, through the creation of a Sustaining Saint John Report Card. Furthermore, that this report card be provided to Saint John Common Council, Members of the Legislative Assembly from the Greater Saint John Region, the Premier's Office, and all four political parties currently represented in the Provincial Legislature in order to ensure broad situational awareness. 7) Common Council create an ad-hoc three-member Committee of Council to be named at a later date, to continue the communication with appropriate Provincial elected officials regarding potential future amendments to the Plan. MOTION CARRIED. Common Council — September 9, 2019 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the Mayor be directed through the Office of the Common Clerk, to formally request to the Regional Caucus Chair and Government House Leader that there be three meeting dates established, between the Greater Saint John Progressive Conservative caucus, the Premier and Common Council before the revaluation of the Sustaining Saint John plan, in March 2020. MOTION CARRIED. 121 -3 - BACKGROUND - MUNICIPAL SUSTAINABILITY WORKING GROUP 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 in March 2020. The August 191h Council Resolution includes a commitment City staff to "provide a report to Council every two months as a minimum (and more often if deemed necessary) on the progress on the 20 Action Items, and on Parts Two and Three of the Plan, through the creation of a Sustaining Saint John Report Card. Furthermore, that this report card be provided to Saint John Common Council, Members of the Legislative Assembly from the Greater Saint John Region, the Premier's Office, and all four political parties currently represented in the Provincial Legislature in order to ensure broad situational awareness." Attachment A provides the first status update or Report Card with respect to Sustaining Saint John —A Three -Part Plan. The final version of the Sustaining Saint John -A Three -Part Plan, as approved by Saint John Common Council and the Province of New Brunswick, is available at: https://www2.gnb.ca/content/dam/gnb/Departments/eco-bce/pdf/SustainingSaintJohn-August2019.pdf STRATEGIC ALIGNMENT Sustaining Saint John -A Three -Part Plan and its various actionable commitments are fully aligned with Council's Priority 'Economic Health', as well as with the City's Service Principles of "Sustainability" and "Partnerships". 00A M SERVICE AND FINANCIAL OUTCOMES 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, as well as other municipalities in New Brunswick. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Implementation of the Sustaining Saint John —A Three Part Plan is being co -led by the City Manager's Office (representing the City of Saint John) and the Department of Environment and Local Government (representing the Province of New Brunswick). The City Manager's Office continues to draw on support from the Commissioner of Finance, Finance and Administrative Services, Corporate Planning and Continuous Improvement, and all service areas (as required). ATTACHMENTS Attachment A: Sustaining Saint John —A Three Part Plan (Status Update). 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C co an O 3 +� D +-' amii c O E O c 41 E U 41 + i O +J O 6L N" fC LL N QJ m O Y 7 fa W N +' C fa 00 O _N 00 ++ O O 4- O E Q O fC Vf O ai O fC E fC N •C O v G + � 2 LU W 41 oC O O WO w Mo 41 y 41 G LL O u m Q O ca Z a V QJ Q QJ t O O N QJ u�i QJ Q OC O w O O v v O OC D LL v D Q oc LL C7 O CO m m m m m Z Z Z LO LO L Z LO LO LO LO LO Z Z U U U U U U U U UD UD N M O O rl N M I�t Ln lQ I- 00 m O a--� t6 a--� t6 Z m �i -I �i �i r -I r -I r -I r -I r -I r -I N d d LO N COUNCIL REPORT M&C No. 2019-310 Report Date November 12, 2019 Meeting Date November 18, 2019 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fire Service Fee Recovery — Sustainability Initiative OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. HeadCity Manager Josh Hennessy/ Dan Leblanc Kevin Clifford John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed Fire Service Fee Recovery Sustainability Initiative as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The City of Saint John Fire Department currently does not recover costs for work allocated towards False Alarm Activations, invalid Fire Alarm and Suppression Systems, Stand -By Services, Non -Fire Service Requests and Non -Emergency Rapid Entry System Access. Given the City's sustainability challenges, this report proposes that the City recover costs for the staff work related to the above activity. This cost recovery solution would result in the following approximate savings (before HST and HST rebate): • 2020 season: $17,650.00 • 2021 season: $45,600.00 `PU 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'. REPORT The City of Saint John Fire Department currently does not recover costs for work allocated towards False Alarm Activations, invalid Fire Alarm and Suppression Systems, Stand -By Services, Non -Fire Service Requests and Non -Emergency Rapid Entry System Access. No recovery efforts are currently in place to address the above activity. The Saint John Fire Department believes that it is equitable to begin recovering costs as this will increase code compliance, decrease false alarms activity, and match other municipal rates for requests for service. Approach to implementation Implementation of cost recovery will be based on updates to two existing by- laws and the creation of one. Tentative dates for By -Laws to Council are as follows. Fee for Service By -low - to be brought before Council May 2020 Fire Prevention By -low - to be brought before Council December 2020 Fire Service By -low - to be brought before Council September 2021 Please note that both Fee for Service By-law and Fire Service By-law will require community stakeholder engagement and consultation with varying stakeholder groups. The Fire Prevention By-law will involve collaboration from the Office of the Fire Marshall (Province). STRATEGIC ALIGNMENT The revenue realized by recovering costs for Fire service activity for False Alarm Activations, invalid Fire Alarm and Suppression Systems, Stand -By Services, Non - Fire Service Requests and Non -Emergency Rapid Entry System Access supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. HOW 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). There will be no reduction to service for the public. This initiative supports Council's Priorities of a Vibrant, Safe City and Valued Service Delivery. This item is feasible. Provincial support through the Office of the Fire Marshall would enhance the timeliness for fee recovery. There will be minimal investment requirements associated with implementation. Costs will relate to the education and enforcement of Fire Department staff. All costs will be covered through the annual operating budget. Implementing the Fire Service Fee Recovery Sustainability Initiative could result in savings to the general operating budget of approximately $17,650 in 2020 and $45,600 in 2021. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input for this report was provided by the staff of Saint John Fire Department and the Sustainability Initiatives Team. ATTACHMENTS N/A. liW-13 Appendix: Initiative Criteria Evaluation 100 90 80 70 60 0 ® •'40 30 20 10 0 Impact 0 .A. G 3 4 5 If iinanciiall " 'arget Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target Evaluation Notes on Fire Department Fee Recovery: • Vibrant, Safe City — Potential minor impact on number reported emergencies due to perception of billing Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options 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 18, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery 4 `M�1 COUNCIL REPORT M&C No. 2019-302 Report Date November 08, 2019 Meeting Date November 18, 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. HeadCity Manager Brad Adams / Amy McLennan Michael Hugenholtz John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed elimination of funding for the 'Passport to Parks' initiative as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. 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. Should Council decide at a future date to proceed with elimination of funding for this initiative, 'Passport to Parks' would end; however, if any interested parties come forward with a private sponsorship model that covers all costs usually provided with public funds and staffing resources are sufficient, the initiative could continue. Pending available capacity, assistance would be provided by the City's Parks and Recreation team to assist interested parties if there was will to `[till -2 - assume full responsibility for the initiative under a "Community Development" model. A "Community Development" model to support community partners to assume responsibility for delivery of recreation services is one of a few focus areas highlighted throughout PlaySJ. A change in model from direct City delivery of Parks and Recreation services is already being actioned in many ways. In addition to aligning with the financial goals of this Sustainability Item, a community partner assuming responsibility would help build community leaders and pride. 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'. 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 Should the elimination of funding for the 'Passport to Parks' initiative be approved by Council at a later date, the Parks and Recreation Department would 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 would also be engaged to assist in informing the public of the elimination of these events. 131 -3 - 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. The sessional staff traditionally hired to coordinate 'Passport to Parks' provide backup support for the Playground Program and 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 Elimination of funding for the 'Passport to Parks' initiative would result in annual savings to the general operating budget of $35,000.00. `19% -4 - 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. R9191 Appendix: Initiative Criteria Evaluation Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target ,u nn 90 80 70 60 0 ® •'40 30 20 10 0 0 1 G 3 4 5 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 as options 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 18, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery `Kz"I COUNCIL REPORT M&C No. 2019-303 Report Date November 08, 2019 Meeting Date November 18, 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. HeadCity Manager Marc Doucet/ Amy McLennan Michael Hugenholtz John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed elimination of lifeguard services at the Fisher Lakes beach location as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. 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. `19191 -2 - 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 beach 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. Should Council decide at a future date to proceed with this item, lifeguarding services at the Fisher Lakes beach location would end; however, if any interested parties come forward with a private sponsorship model that covers all costs usually provided with public funds, lifeguarding services at that location could continue. 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. 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 elimination of lifeguard services at the Fisher Lakes beach location be `Ki.1 -3 - approved by Council at a future date, the Parks and Recreation Department would engage Materials Management to request a Lifeguard Services contract for the upcoming season from the CGAC accordingly, which would be brought forth to Mayor and Council for approval. The request would 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 beach location. Prior to the upcoming beach season, the Parks and Recreation Department would 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 would encourage the public to swim at the nearby Lily Lake beach location, where lifeguarding services would continue to be offered. STRATEGIC ALIGNMENT The savings realized by reducing the number of lifeguarded beach 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 City; 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: `19YA -4- *All costs above are before HST and HST rebate. The elimination of lifeguard services at the Fisher Lakes beach location would 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. `191:3 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. The elimination of lifeguard services at the Fisher Lakes beach location would 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. `191:3 Appendix: Initiative Criteria Evaluation Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target :WU 90 80 70 60 0 ® •'40 30 20 10 0 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 as options 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 18, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery COUNCIL REPORT M&C No. 2019-304 Report Date November 13, 2019 Meeting Date November 18, 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 The City Manager recommends that Common Council: Endorse the proposed Rightsizing Recreation Facilities: Rainbow Park Ice Surface - Sustainability Item as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. 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. Should Council decide at a future date to proceed with elimination of funding for this initiative, 'Rainbow Park — Winter Ice Skating'would end; however, if any interested parties come forward with a private sponsorship model that covers all costs usually provided with public funds, the initiative could continue. Pending available capacity, assistance would be provided by the City's Parks and Recreation team to assist interested parties if there was will to assume full responsibility for the initiative under a "Community Development" model. A "Community Development" model to support community partners to assume responsibility for delivery of recreation services is one of a few focus areas highlighted M191 -2 - throughout PlaySJ. A change in model from direct City delivery of Parks and Recreation services is already being actioned in many ways. In addition to aligning with the financial goals of this Sustainability Item, a community partner assuming responsibility would help build community leaders and pride. 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 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. It is recommended that this facility move to a "Community Development" model or close. 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. For this service to continue it will need to move to a model of "Community Development" and will need private sponsorship. If this service does not transition to a different model it will result in a discontinuation of the service. In either case, 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. -3 - 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 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 M11% Appendix: Initiative Criteria Evalutation Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target ,u nn 90 80 70 60 0 ® •'40 If iinanciiall " 'airget Evaluation Notes on Rightsizing Recreation Facilities — Rainbow Park Ice Surface: • 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 as options 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 18, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery `[1191 COUNCIL REPORT M&C No. 2019-305 Report Date November 13, 2019 Meeting Date November 18, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Rightsizing Recreation Facilities: Seaside Park Lawn Bowling - 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 The City Manager recommends that Common Council: Endorse the proposed Rightsizing Recreation Facilities: Seaside Park Lawn Bowling - Sustainability Item as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The City of Saint John currently assists in the operation of a seasonal lawn bowling facility at Seaside Park. This service, provided from May — October each year (weather dependent) has been active at this facility since 1989. Given the City's current sustainability challenges, this report proposes that the City no longer support this seasonal service. The reduction in service would result in an estimated savings of $10,000. Should Council decide at a future date to proceed with elimination of funding for this initiative, 'Seaside Park Lawn Bowling' would end; however, if any interested parties come forward with a private sponsorship model that covers all costs usually provided with public funds, the initiative could continue. Pending available capacity, assistance would be provided by the City's Parks and Recreation team to assist interested parties if there was will to assume full responsibility for the initiative under a "Community Development" model. A "Community Development" model to support community partners to assume responsibility for delivery of recreation services is one of a few focus areas highlighted throughout PlaySJ. A change in model from direct City delivery of Parks and Recreation services is already being `E -2 - actioned in many ways. In addition to aligning with the financial goals of this Sustainability Item, a community partner assuming responsibility would help build community leaders and pride. PREVIOUS RESOLUTION On October 7, 2019, resolved by Council to receive and file M&C 2019-249: Sustainability: Addressing the Deficit 2021-2022. REPORT Seaside Park, located off Fundy Drive, currently includes a lawn bowling green and a small facility/clubhouse. The Seaside Lawn Bowling Club currently is the only user of this City facility. With a low membership, annual operating subsidies from the City, infrastructure that the City may need to continue to invest in, it is recommended that this facility move to a "Community Development" model or close. Either option would eliminate future operating and capital subsidies from the City. Should this service reduction be implemented, communication will be provided to the existing Lawn Bowling Association. STRATEGIC ALIGNMENT Implementing this Sustainability Initiative supports Council's Priority to be Fiscally Responsible and will contribute to the Sustainability Initiative included within Rightsizing Recreation Facilities. The City Parks & Recreation team's transition to more of a facilitation role supports Community delivery of recreation services as envisioned in PlaySJ. 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 minor impact. If the club is successful in moving to a model of "Community Development" there will likely need to be private sponsorship, an increase in membership fees, or some other type of business model. If they are not able to transition to a different model it may result in the club closing its doors. In that case there will be a minor impact on Valued Service Delivery with a reduction in free 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. Mal -3 - 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* 2019 2018 2017 $8,100 $12,100 $9,700 * Costs are exclusive of HST INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was provided by Transportation & Environment Services; and Finance & Administrative Services. Verbal input was received from the Lawn Bowling Association's President. ATTACHMENTS N/A M111.1 Appendix: Initiative Criteria Evalutation Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target ,u nn 90 80 70 60 0 ® •'40 If iinanciiall " 'airget Evaluation Notes on Rightsizing Recreation Facilities—Seaside Park Lawn Bowling: • Vibrant, Safe City — Minor impact • Valued Service Delivery — Minor impact with a reduction in a free recreation service Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options 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 18, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery [N/ COUNCIL REPORT M&C No. 2019-297 Report Date November 08, 2019 Meeting Date November 18, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Playground Program — 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 Brad Adams / Amy McLennan Michael Hugenholtz John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed elimination of funding for the City of Saint John's Playground Program as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The City of Saint John's Parks and Recreation Department offers a free summer Playground Program for children ages 6-12 at various locations throughout the city and provides support for additional playground locations operated by third parties. Given the City's sustainability challenges, this report proposes the City no longer fund the Playground Program, nor provide the support previously offered to third parties. This would result in annual savings of $90,000.00, which is the total in wages paid to sessional staff hired to carry out the program. Should Council decide at a future date to proceed with elimination of funding for this item, the Playground Program would end; however, if any interested parties come forward with a private sponsorship model that covers all costs usually provided with public funds and staffing resources are sufficient, the program could continue. Pending available capacity, assistance would be provided by the City's Parks and Recreation team to assist interested parties if there was will to `[E:3 -2 - assume full responsibility for the initiative under a "Community Development" model. A "Community Development" model to support community partners to assume responsibility for delivery of recreation services is one of a few focus areas highlighted throughout PlaySJ. A change in model from direct City delivery of Parks and Recreation services is already being actioned in many ways. In addition to aligning with the financial goals of this Sustainability Item, a community partner assuming responsibility would help build community leaders and pride. 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'. REPORT The City's summer Playground Program provides a safe and inclusive youth development opportunity for hundreds of families. The eight-week program runs on weekdays (9:00am-12:00pm and 1:00pm-4:00pm) from June to August, excluding holidays. Designed to promote recreation and healthy neighbourhoods, the program includes daily sports, recreation, arts, crafts, outings, and games. In addition, the program partnered with Brilliant Labs in recent years to offer a free weeklong tech camp called S.T.E.A.M. (Science, Technology, Engineering, Arts, and Math) at each of the playground site locations. Historically secured free of charge to the City through the Lorneville Community Centre and Anglophone School District — South, washrooms and inside facilities are available at all City operated locations. In 2019, the playground locations operated by the City of Saint John included: • Beaconsfield School • Barnhill School • Lorneville Community Centre • Glen Falls School • Lakewood Heights School • Champlain Heights School Program registration information for City -operated locations was as follows: • Total Registered —428 youth • Average Daily Attendance —18 youth per location • Ages 6-8 years — 54% of Attendees • Ages 9-12 years —46% of Attendees -3 - Third -party playground programs also receive support from the City of Saint John in the form of training, supplies, special events and, in some cases, registration. The 2019 locations of those third -party programs were as follows: • Carleton Community Centre • Crescent Valley Resource Centre • Milford Community Centre • Nick Nicolle Community Centre Should the elimination of funding for the City of Saint John's Playground Program be approved by Council at a later date, the Parks and Recreation Department would advise external stakeholders of the decision, including, but not limited to: • Anglophone School District — South • Lorneville Community Centre • Carleton Community Centre • Crescent Valley Resource Centre • Milford Community Centre • Nick Nicolle Community Centre • Brilliant Labs • Saint John Transit • Canada Games Aquatic Centre • New Brunswick Museum • DJ Dave Duffy • Canada Games Stadium • Estey Group • Kiwanis Club • Go Fundy Events • ZAP Magic The City of Saint John Communications Department would also be engaged to assist in informing the public of the elimination of this program. STRATEGIC ALIGNMENT The savings realized by the elimination of funding for the Playground Program 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). With the elimination of the Playground Program, families without the means to afford paid programming will experience a loss of structured recreation opportunities during the summer months. For those living in close proximity to program locations without the means of transportation, the loss of this program will provide additional barriers to participation in recreation. These effects may have a minor impact on Council's Priorities of Valued Service Delivery and a Vibrant, Safe City. In terms of Council's Priority of Growth & Prosperity, the elimination of the program may also have an impact on growth. The target growth market of newcomers and immigrants use the Playground Program as an affordable service to integrate new youth with the community. Removal of this program may impact whether immigrants stay in the city versus leaving for communities with more youth programming available, and it has the potential to impact the retention of other residents as well. Playground programs offered by third parties will also no longer receive support from the City of Saint John. The sessional staff traditionally hired for the Playground Program also provide backup support for 'Passport to Parks' and assist with other recreational programming carried out by Parks and Recreation during the summer months. The absence of these staff will mean that work will rest solely with permanent staff. This item is 100% feasible, as it is based solely on a decision of Mayor and Council. 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 the program in 2019: Playground Coordinators (2 staff) $16,892.91 Playground Supervisors (18 staff) $79,537.91 Subtotal $96,430.82 Employment Grants -$6,435.89 TOTAL SAVINGS $89,994.93 Elimination of funding for the City of Saint John's Playground Program would result in annual savings to the general operating budget of $90,000.00. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input for this report was provided by the staff of the Parks and Recreation Department. 151 ATTACHMENTS N/A. -5 - `W Appendix: Initiative Criteria Evaluation Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target 100 90 80 70 60 0 ® •'40 30 20 10 0 If iinanciiall " 'airget Evaluation Notes on Playground Program: • Impacts on a Vibrant, Safe City and Valued Service Delivery with the reduction in free, structured recreation opportunities; impact on Growth & Prosperity, as program used by newcomers. Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options 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 18, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery My COUNCIL REPORT M&C No. 2019-292 Report Date November 08, 2019 Meeting Date November 18, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous buildings at 142- 144 Highland Road (PID 55196711) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton /A Poffenroth John Collin RECOMMENDATION RESOLVED, that the House and Shed located at 142-144 Highland Road, PID# 55196711, are to be demolished as they have become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that the Shed is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 142-144 Highland Road. The hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. `N'il -2 - PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 142-144 Highland Road, PID# 55196711, have revealed that there are two buildings on the premise; a two-storey, single family dwelling, and a two-storey, wood framed shed. The building is currently assessed at $111,300. Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures. The property is located on the City's North End in a two -unit residential zone. The Buildings are a hazard to the safety of the public by reason of being open, by reason of being vacant, and by reason of dilapidation. The Shed is a hazard to the safety of the public by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on August 30, 2019 and was posted to the building on September 19, 2019, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists two individuals as the owners. The Notice provided the owners with 45 days to remedy the conditions at the property. The owners did not file a formal appeal and did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on November 7, 2019 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was posted to the building on November 1, 2019 and sent to the owners via registered mail on October 31, 2019. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. -3 - SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $15,000 and will take about 4-5 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos `&V (1) UJ Parcel identifier: PID #55|907|i Address: 142-144 Highland Road, Saint John, New Brunswick Owner(s) or Occupier(s): Nunno: Liu, Hui Address: 142 EDuh|mnd Road, 3urk John, New Yiumc: Cao, Jia Address: 142 }Uuh|mod Road, Saint John, New Brunswick, B2K|Pg Local government giving notice: The City of Saint John By-law contravened: Saint John Unsightly Premises and Duogem/o Buildings and Structures 8v-lcw, By-law Number M-30and amendments thereto (the "By -|un~). (Loi sur &uguuvmrmu/molocale, Nunm6nod'idmmtificatuodmla parcelle : ND]:55|987|| Adresse : 142-144, rue Highland, 8uro John, Propri6taire(s) : Nono: Liu, Hui /\dm:aae : 142 num Highland, Saint John, Nouveau -Brunswick, E2K I P9 Nono : Cao, Jia Adresse : 142, rue Highland, Suint John. Gwmveroaoammklocml signifiantl,mvis : The City of Saint John /krr0(6 eofreint :Ar/etereka6faux ficoximsthedqou/ xtaux Witioeo/s e/ mx/xtnxtionx doorcrcxxdx Saint John, /\n-Wounn600M-30'uinxiguesnxmodifications ci-aff6rcn(eu(|` ^AnW»). Provision(s) contravened: Subsections 0(|), 0(2) and (a) emJramtw(a) : Leo paragraphes 8(|), 6(3) of the By-law. 6(2) et paragraphe 6(3) de I'ArrW. that exist: The prernise is unsightly by permitting junk, rubbish, refuse and u dilapidated building to remain m the prernise. The building has heconneuhazard tnthe safety ofthe public bvreason of being vacant orunoccupied and has hecnnsuhazard to the safety of the public by rcumno of dilapidation and by o:uaon of unsoundness of u(noc0mru| strength. The conditions of the building and premise are described in Schedule ^'&^',utrue copy ofthe inspection report dated August 30, 2O|9prepared byCatherine Lowe, BTTand reviewed and concurred inhyAmy9offenroih,P.Eng., By-law Enforcement Officers. What must be done to correct the uwodidmm: The owner iy0mronnedythe conditions bycomplying, with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-bw. Inthe event that the owner does not remedy the condition ofthe building and premises inthe bneprescribed hythis Notice 0oComply, the building may hedcnno|isheduuthe corrective action toaddress the hazard iothe safety n[the public and the prenoiecmmay hec|ounedup. Description de lm (des) situation(s) : Lea |ioux xoni ineath6tigue*enyenncUani|a pr6sencedrferruiUo,do d6Uituxet |o bdhmnn{d6 uhr6. Lo b& iouenteXdovenu dungerouu:pour |u s6uuhu6du public du fait de soil inhabitation ou de soil inoccupuiion et est devonu dungcrouoc pour |uo6cuhh6du public du fait de soil d6iuhrenneni et du fait de mnunque de mo|idiL6. Loa conditions du h81innoni et desUmox son( d6uhteu � |'unnoxe «A », unc cnpie confbrxe du rapport d'inopecbon on date du 30 uo8i 2019 c( yo6pur6 par Catherine Lowe, IS n( r6vix6 et en d'occuvde uvno par Amy 9offenvoih, iug., agentes charg6 de 1`ox6oudon des arr6t6s du gouvernernent local. Cc qm`il y a Deo de faire pour y remu6dier: Lu pnoph6tain: doi( reutuoror |oa conditions nn se con[o,nounL aux rccononoanduhona do rapport d`inapeohon susnoendon16 eid`umcnar|e b8dnncn\et les |iouxcncnnfonnit6aavec |`Arr&6. Dans )'6vcntuu|it6guc|u propri6tairenernn6dientpas le b8 inxen( c4 les |icux duns |e temps preaudL pm' |o pr6aent avis deonnfonmic6` |e h8|imonipounnnt6tre d6mn|iocomunoemneuurocorrective connpte(enuqu`i| rep/6aon\o undanger pour |ua6ourit6do public et les In the event of demolition, all debris and i|oma on the Dans 1'6vexuufii6 de d6mo idou. kmu les d6brx et The afore men boned remedial actions relating W the demolition ofthe building and the disposal ofdebris and items oil the premises do not include the carry -out clean- up, site rehabilitation, restoration of |mnd, premises or personal property or other ,onnediu| action in order to control uvreduce, eliminate the release, alter the manner of release or the n:|euao of any ooniuxoinnnt into or upon the environment orany part ofthe environment. Date before which the condition must beomrrcctcd:/ nnoxuro corrective duox |n but d$ rmn6dior |c danger pour |ua6uuhK!dupublic. Les nnesuremcorrectives auxmmVionu6emnelobvenen1b |ud6nuo|idondub81innentc{}odisposition des d6hdset autres itennw xur les |ieux ne ounoprennent pas |n noUvyuge, lurenniae en6(ctdes |ioux.des terrains on des bienayemonnds ou (uutenutru memurccornecbvo duns lo but de contn5|cr on dc r6duire. d`61inniner |e d6vemomeni, do noodificr |c mode dud6vnmoonen(ou |e d6vomement d'un po||uunt dans ou our 1'envioonnmmcn1outootepurhede|`envi,nnnonnent. uf The demolition of the building, clean-up of the oJ Lad6moUhon du b8 innent et !e nettoyugtdnm property and vn|ukxd ronnedics must be complete, |icuxdoivoni6Ueconnp|&¢6s` ou A|ugud|e |om orplans and permit applications for repair related y|une etdeonondedc yermoia pour les neyunou rcnnedice, must bosubmitted: within 45days o[ des r6parations,doivent8Ursounu\sox,dans|cx being served with the Nc4ioc to Comply. 45 jnurygui ouivont\usignification do|`uviado confo,mi(6. b) The repair related rernedicx must be complete within 120 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of being served with the Notice to Comply. Process twappeal: The owner may within 14 days uKe' having been uo,vod with this Notice to Comply, send u Notice ofAppeal by registeredu)u |tothe Common Clerk ofThe City ofSaint John, City Hal |-8mFloor, 15 Market 8guorc, Saint John, New Brunswick, B2L4l.[. Potential penalty for not complying with notice within time set outimnwtiou:cSubsection )\(|)ofthe By-law states that uperson who fails to comply with the terms of a Notice toComply givenunder section 7nfthe said 8y- lmv,commits ail offence that is punishable under Part 3 ofthe Pn/v/nc/u/Qft�,/cus/`roce/li/ruAct uyucategory F offence. Where un offence under subsection |\(|) continues for more than one dm, the minimum fine that may be imposed is the nnininnumn fine set by the prov/no/x/ 0fenxex Procedure Ac/ for u ou(e8nry F offence multiplied by the nunube, of days during which the offence continues pursuant tosubparagraph \l(3)(b)(i). Loc�e�`am����teun�r�ke r���nr remedy:' Paragraphs 12(l)(n)' 12(l)(b) and 12(|)(o) of the By-law state that iFail owner oroccupier does not oon'y|y with uNohce to Comply given under section 7 within the bnxe aoi out in the said Notice, the City may, @V Les r6parations n]fi6en aux nneuurea doivon( etrocnnny|6t6to dans les 120joomqui muiveni |usignification do|`uviadeconfornoii6. Date limite pour donnerI`avis d`appel:Dans les |4 joumgui xuivnnt |unotification de[uviude confonniL6. X»rwcemouad'apme : Lu propri6tairep*uxdans les 14 joumqui ouiven(|unotification de[uvisdeconfonniL6. envoy' un uvisd`uppo| par counie,reonnnnx/nd6 �|u crreffi6rn cnmnoonu|n de |u municipu|it6. kThc City of Saint John. ' ificu dc [h8to| do vU|c. 81 6|ugn, 15 Market Square, Saint John, Nouveau -Brunswick, E2L Peine '���mncum�,�mm�ommdmnmuwoforommr - aux exigences de}^avis b ��molo��i y' �z �� Le paragraphe l|(U do |`ArrW or6vnit quicongue onn: de mcconformer aux exigences fornm|dnxdans unavis deconfonni(dnobU6aux Kx�noxdn|`mrtic|e7do|udi|c &,i -W, connmet unu infraction qui oai puniaoub|c en vertu de \u podie 2 do |u Loi stir /u procedure u/p//cub/x aux /n6ocr/o/// yxuvinc/u/xv 4 titre d`infnaction do |nc|uxsoP. lumgu`une infraction pnfvue au pmngrayhe |i(\) so pououit pendant plus d`une journ6e, [unnendc nninimu|egui peu|Ako inqpox6uest [unnonde nnininnue pr6vus par |u Loi stir /u procedure applicable uxz inftac//ooxpro viooiu/uxpour oncinfraction dc|uc|uxxe F mu|dy|i6c par |c nombre de 'ours pendant |oequJa ]'infraction me pou,muit conform6onnnt it |`a|in6a Pemvoir dm &�a d, o�d�o - r4pmratwmm on do ruon6diur � lo situation : z Conformdn}ontuox uUo6ua 12(1)u), 12(1)b) et )%(|)c) de |'Arr&6, ai un avis dnoonformii6a6h6 aigniO6uux teroea de |`urtido 7 dc |uditn An6\6 oi. que |c =|`o,nmxntnrxrcnnformoDas &cotavis any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John thearday of August, 2019 Local government: The City of Saint John Signature of the officer of the local government: nettoyer ou r6parer les lieux de cc propri6taire ou de cet occupant ou de faire r6parer ou d6molir le batiment ou autre construction de ce propri6taire ou de cet occupant, et les coots aff6rents a 1'ex6cution des ouvrages, y compris toute redevance on tout droit connexe, sont oris a la charge du propri6taire ou de l'occupant et deviennent une cr6ance de la municipalit6. Fait a Saint John le _ aout, 2019. Gouvernement locale : The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonn6es du fonctionnaire du gouvernement government: local: Name: Catherine Lowe, EIT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 101" Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L I Telephone: (506) 658-2911 E-mail: catllerine.lowe@s iintiohn.c<t Fax: (506) 632-6199 Corporate seal of the I Notes: \koro !`,aiP;iri,ri;, 1. All appropriate permits must �iajncd'and all relevant legislation must be complied with in the course ol' carrying out the required remedial action. 2. Payment of the line does not alleviate the obligation to comply with the by-law, standard or notice. Nom : Catherine Lowe, IS Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square Edifice de 1'h6tel de ville, 10e 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L l T616phone : (506) 658-2911 Adresse 6lectronique: catherine.lowe@saintjohn.ca T616copieur : (506) 632-6199 Sceau du gouvernement local Notes : I. Tolls les permis prescrits doivent &re obtenus et toute la 16gislation pertinente doit etre respectOe pendant I'ex6cution des mesures de rem6diation. 2. Le paiement de I'amende n'a pas pour el'Fet d'annuler l'obligation de se conformer a 1'arret6, a la norme ou a l'avis. 3. Costs become a debt due to the local government and may be 3. Les co6ts deviennent une cr6ance du gouvernemcnt local ct added to the joint local government and provincial Real Properly peuvent etre aioutos a ('avis commun d'6valuation et d'impA Assessment and Tax Notice. Foncier des gouvernements local et provincial. 142-144 Highland Road Saint John, New Brunswick PID# 551.96711 thiss'=--may U` 2d . ,,,rds C)I`fiiCer t c Inspection Date: July 29, 2019 ` Inspection Conducted by: Catherine Lowe, EIT & Vincent Chan, By-law Enforcement Officer Introduction Inspections of the property at 142-144 Highland Road, PID# 55196711, have revealed that there are two buildings on the premise (the `Buildings"); a two-storey, single family dwelling (tile "House"), and a two-storey, wood framed shed (the "Shed"). Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures. The property is located on the City's North End in a two -unit residential zone. The Buildings are a hazard to the safety of the public by reason of being open, by reason of being vacant, and by reason of dilapidation. The Shed is a hazard to the safety of the public by reason of unsoundness of structural strength. Discussion The Buildings are not in compliance with the Surat John Unsightly Premises and Dangerous Buildings and Siructure ' By-la6V, By-law Number M-30, and amendments thereto (tile `By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: NO person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish 0r refuse; (h) an accumulation of wood shavings, paper, sawdust or other residue of production Or conStruC6011; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. There is an accumulation 01' junk, rubbish, and refuse on the property. These items include, but are not limited to; a damaged mattress, a discarded blanket, rotten pieces of wood, rusted metal barrels, tires, a green garden hose, a small collapsed wooden shed, broken glass, exposed nails, as well as other various loose garbage. There is also a large rusted metal satellite with a concrete base at the rear of the property. The aforementioned accumulation of junk, rubbish, zinc[ refuse is unsightly. 2. The House is dilapidated. The paint on the siding is peeling. The exposed sections of the stone foundation are colored green due to algae growth. The right side and rear entrance to the House have been found open. The door to the rear entrance rests against the House. The door to the crawl space at the rear of the house has been broken and removed; the door now lies on the ground. A window at the rear of the House is covered with a plastic film. The screen of a window on the right rear of the House is sticking out from the window frame. There is a rusted pulley system on the right side of the House. These conditions are unsightly. deteriorated and peeling. Windows on the ►►gnt, reit, ana real -o► u►c a,1c« WU ►hissing glass, exposing the interior of the Shed to the elements. The stone foln elation of the Shed is Crumbling. A section of foundation at the rear of the Shed has partially failed, causing the left rear corner of the She([ to be inadequately supported. The front wall and roof of the Shed is no longer plumb but is sagging downward on the left and right side. These conditions are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of` the public by reason of being vacant or Unoccupied. The Buildings are a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that are known to be open and vacant can attract vandalism, arson and criminal activity. The property's condition affects the quality of life of neighboring residents and negatively affects property value of real estate in the arca clue to negative perceptions ole unsafe and deteriorating conditions. There are signs of trespassing in the Buildings as some items appear intentionally broken and there are mattresses on the floor in the living room of the House. There are two separate energy meters on the House. Saint John Energy confirmed that power for 144 Highland Road was disconnected in May 2015 and power for 142 Highland Road has been disconnected since May 2018. The City of Saint John Finance department confirmed that the water has been turned off since November 2015. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Buildings are vacant. There is a neighboring single family home at 138 Highland Road that is currently vacant due to ongoing renovations. If a fire event were to occur within the Buildings, it could easily spread to the neighboring property, which could cause significant clarnage to the building. In addition, since both of these buildings are vacant, a fire may not be detected right away. This could allow the blaze to intensify and become out of control. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the House, it would be reasonable to expect they may be required to enter it. They play also need to enter the House to fully extinguish the fire. The condition of the interior is not known to firefighters, which poses a hazard to their safety and others who may be inside in the event of a fire. Household items, broken glass, garbage and other debris cover the floors inside the House. There is a mattress lodged in the front stairwell leading to the second storey. These conditions are hazardous as they could hinder the movement of emergency personnel or anyone else inside the House during an emergency. 4. The two-storey Shed is open and accessible to the public. Emergency personnel may be required to enter the Shed if they suspect there may be people on the second storey of the Shed. The first storey of the Shed is filled with discarded items and junk. The stairs leading to the second storey do not sleet the National Building Cocle qf'Canada standards and therefore would be hazardous clUrillg all emergency event. The Shed is also structurally unsound, ,oc the left rear corner of the Shed is not properly supported. This is a hazard to Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Buildings are a hazard to the safety of the public by reason of dilapidation for the following reasons: 1. The House is dilapidated. The ceiling of the kitchen on the first storey is sloped and stained from water damage. This is likely due to water leaking from the second storey bathroom. The flooring around the toilet in this bathroom is warped, suggesting water damage. Floors can become soft and unsound due to water damage and can fail under load. 2. The rear staircase that provides access to the only the second storey of the House is sloped. This may be caused by a shift in the House or the foundation, Which could indicate structural unsoundness of the House. On the first storey, there is a small storage area beneath the staircase that is deteriorated and shows signs of rot. This may be due to water damage, which could worsen the condition of the stairs as well as this section of wall of the House. 3, The House has been open to the public for a number of years as the right side and rear doors to the House have remained open and unsecured. The door leading to the crawl space of the House has also been open, providing access to the House's foundation, and electrical and plumbing equipment. The interior condition of the House suggests that it has been vandalised. There is household items, garbage, and other ,Junk strewn throughout the House. There are also piles of broken glass in sections of the House that appear to be from broken dishes. Furniture such as mattresses and couches have been upturned and damaged. Trespassers are a hazard to the safety of the neighborhood. These conditions could also give rise to pest and rodent infestation, creating a nuisance to neighbors and increasing the dilapidation of the House. 4. The Shed is dilapidated and has remained open for a number ofd years. The doors are damaged and cannot be closed. The first storey of the Shed is filled with discarded items and junk. There are many wooden boards with exposed nails on the second storey of the Shed. Exterior siding along the base of the Shed is rotten. The roof shingles are worn and peeling. High winds could dislodge the shingles, creating a hazard for people or property in the area. The front wall and roof ole the Shed is sagging, suggesting structural issues. This is also evident at the left rear corner of the Shed where the stone foundatiOn has failed and left this section of the Shed improperly supported. These conditions could cause the Shed to fail, which would be hazardous for anyone in or around the Shed. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of' the public by reason of dilapidation or unsoundness of structural strength. The Shed is a hazard to the safety Of the public by reason of unsoundness of structural strength for the following reasons: 3ccbOnx of the [our ak)nc wall K)unocx/nn nave /anou. x/c /u/ 'ou' u/mVA m the Shed rests oil only one stone block that is deteriorated. The r8uu\ining stone foouduhon is cnunnblin�. The leftreal- sCCtion of the Shed c0u}d c0l|upxoifthe Shed is left in this condition. Required Remedial Actions The owner must cornply with one ofthe two options stated below: Option 1.' 800nody the conditions of the BuUdings (boouuh all ropuir and vcnnndiu| actions Lis follows: [. The Buildings nlU6t he C0ouoJcttly [cVuirnd to vno)ocy [lie above n\eoti0nod huzun1x to public safety vvhi>o onooiin� the requirements of the National B///d/unCode qfCanada (2010) as well as all other applicable by-laws. 2. The Buildings rnux(be noaintuincd, krni xcounc, and monitored on u routincbuaix while the property rernains vacant or LHIOCCUpied. 9. & detailed plan mua|iesubmitted to the Growth and CommuniNDove|oprneni 3crvkccx D� ^uUnucni of the City of Saint ]nbn (the "Department") for review and approval. The nJun mbnu1d also include u schedule for the work that is to be carried out. The [cpuin:d Buildings muxt nunoi the National Building Code o/ Canada (2010) as well as other applicable codes. 4. The detailed I)1un` inClUding xrhCdu}ex and any on�inoe,iDg reports, nlux( be approved bythe FespanLnoeu(prior i0o0nunocncio�repair v/ork. 5. A building pouoi( nouo1 be obtained [or any and all applicable work prior to C0nnnleDCiDg said vv0[k [r0Dn the City of' Saint John in 0D]Cr to c0[Op|y with the Saint John. /}x//d/ng By-law, By-law NunnberC.P. 102 and uooendnuon(x (ho»c(o (ibc "Saint John /7///ldi/X 8v'/ow"). 6. The p,enniye onuai be o|oun:d of all debris found on the property, inn]oding any and all rubbish that cnuybcconsidered buxonJouaorUnsightly. Tile debris (iom the pvcnoixn nooyi be disposed of at all approved solid waste disposal site, in accordance with all applicable by-laws, uCLs and rngluiiOnx. [)0Cunnen{ed p00O[ that clearly d0000ns[ruk:x an approved solid waste disposal Site vvux uxm] for the disposal of debris, rnList be provided to the Departnient. The prernise IIILISt COIlIply with all applicable 8y-|uvva,Acts, Codes and Rcgi|ud0na. Optioit 2: Demolition O{ the Buildings and dnanup o[ all debris on the prernise by cornplying with all the remedial actions as follows: |. The Bui1dinQs 0ux| be dernOliahed to re� nv U� hazard to safety of the public by reason o[di|upidu1iOn and by [euxOn of'bcingvacant 0ruuoucupiod. 2. A den/oli(ion Pcnnit nnuut he obtained /,onu the City of Saint John in order to comply with the Saint John B01ding By-hm% 3. The prerrilse 111LIst be cleared of the debris frorn the dernolition and the lot niust be noude rouxooub|y |cvu| with grade so as to not create u tripping or falling hazard. All dohbu nnoxL be disposed of' at all approved solid vvuaio diwpnxu| site, and in accOn]unon with all applicable By-laws, Acts and Regulations. [)ncunncntnd proof' ihuic|nurlyderoonxtnutCs all approved o0/id vvaxie disposal site was used for the disposal o[debris, nnux(boprovided iothe [Jepurinncnt. 4. All debris that is CUrrently oil the preniise rnList be rernoved and disposed of at all 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: k)Aj Catherine Lowe, EIT Date Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Arny—Po—ffengiot O,P.pEn�g., MBA Building Inspector Deputy Commissioner Growth and Community Development Services 6A�hL'vs+ ..:3 Date L' FORM 1 NOTICE OF APPEAL File No.: BETWEEN: Appellant(s), -and- THE and -THE CITY OF SAINT JOHN, FORMULE I AVIS WAPPEL N' du dossier : ENTRE: Appelant(s), -et- THE CITY OF SAINT JOHN, Respondent. Intin-i6e. Parcel Identifier : PID # NUm6ro d'identification de la parcelle : # NID Parcel Address: T Adresse de la parcelle Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Propri6taire(s) ou occupant(s) Nom : Adresse : T616phone: Nom : Adresse Telephone: T616phone: The above named appellant(s) is (are) not satisfied L*appelant ou les appelants susnomm6(s) ri'accepte(nt) with the terms and conditions set out in: pas les modalit6s ou les conditions qui sant 6nonc6s dans : (a) a Notice that was given under section 7 of the (a) un AVis qui a 6t6 donn6 en vertu de I'article 7 de Saint John Unsightly Premises and Dangerous I'ArrCW relatif aux lieux inesthetiques et aux Buildings and Structures By -Law; or Witiments et constructions dangereux dans The City of'Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a 6t& &mise en vertu de Saint John Minimum Property Standards By- I'article 25 de 1'Arr6te concernant les normes Law; minimales regissant les residences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel levant le Comite des appels sur les Properties Appeal Committee. residences non confbr1nes aux normes de Saint John. The appellant's grounds for this appeal are as follows Les motifs d'appel de I'appelant(s) dans le pr6sent Dated at 20 Signature of owner or occupier the day of Fait A The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please.forward your Notice gf'Appeal by registered mail to the Common Cleric within fourteen (14) clays after having been given the Notice or Order at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8"' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its 20 Signature du propri&taire ou de ('occupant le L'appelant a ou les appelants ont ]'intention d'utiliser la langue frangaise [ ] ou anglaise [ ] (Vetaillez cocker la case appropriee). Vetullez faire parvenir votre AVIS D'APPGL par courrier recommande au greffier communal dans les quatorze (14) jours dtti suivent la notification de PAVIS ou de VORDONNANCG it Vadresse suivante Bureau du greffier communal 15 Market Square, Edifice de 1'h6tel de ville, 81 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone : 506-658-2862 Facsimile : 506-674-4214 Notes : 1. Un AVIS ou Line ORDONNANCE dont it West pas inter jet& appel dans les quatorze (14) jours qui suivent la notification de I'AVIS ou I'&mission de l'ORDONNANCE est r&put& confirm&. 2. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John Boit tenir, sur le point en litige, Line audience au cours de laquelle le(s) proprietaire(s) ou ]'occupant ou les occupants qui interiette(nt) appel a (ont) le droit d'etre entendu(s) et peut (peuvent) se faire repr&senter par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peat confirmer, modifier ou annuler I"AVIS ou l'ORDONNANCE ou proroger le delai pour s'y conformer. 4. Le Comite des appels stir les residences non conformes aux normes de Saint John dolt fournir Line copie de sa d&cision au(x) proprietaire(s) ou a I'occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjet& appel dans les 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. 5. Le(s) propri6taire(s) OU I'OCCLIpant ou les occupants A qui Line copie d'une d6cision a 6t6 fournie par le Confite des appels sur les residences non con1brines aux norines de Saint John concernant un AVIS peut (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la d6cision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) ]a d6marche a suivre en vertu de Parr&6 Wa pas W suivie, ou (b) ]a d6cision est d6raisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOFIN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT' SAINT JOHN, N.B. (PID number jq (all I AFFIDAVITOF SERVICE 11 130(AaA of Saint John, N.B., Make Oath And Say As Follows: I am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On tq Lq at approximately .3,1 06901 " I posted a copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at ( 4 7- 0 'ril' Saint John, N.B. Sworn To before me at the City of'Saint John, N, B., on the ___fj_!day of 4 6 - vi 2019 RACEL A VAN WART COMMISSIONER OF OATHS MY COMMISSION EXPIRES DSCEMBER 31s', 2022. 169 kl,ocal LIU Furn(MUG titt, 4WU A I, 1* Is Exhibit (Loi stir la gonvernance locale, Referred to in the Affidavit Of L.N.-B. 2017, ch. 18, par. 132(2)) 0 u (e, Parcel identifier: bmbefolki -L-4— kl atftCftyof Nuiii6rod'ideittificatioiidelaparcelle: js��o_(ekrll M 4e4— Saint John, New BrunsWck < eo, Nit) � 55196711 IIID -455196711 the day of Address: 142-144 Adresse 142-144, nie Highlati(, Saint Johil, New Brunswick C t NOLlVCaL1-Bl`UuS%tCl( Owner(s) or Occupier(s): Name: Liu, HUI Address: 142 Highland Road, Sault John, New Brunswick, E2K 1 P Name: Cao, Jill Address: 142 Highlaild Road, Saint Jahn, New III-1111swick, F2K IP9 Local government giving notice: The City cif Saint John By-law contravened: Saint John UnsightlY Premises ond Dtingerous Buildings and S11-1,1('110TS B 'v -Lai r, v -Lair, By-law Number N4-30 aud amendments thereto (the "By-law"). Proprikaire(s) on occupant(s) : Nom : Li U, I IU i Adresse : 142, i-ue Highland, Saint Jahn, Nouveau -Brunswick, E2K I P9 Nom: Cao, Jia Adresse : 142, rLle Highland, Saint Joliti, NOLIV0,1U-1311111SWick, E2K I P9 (Youvernement local signifiant I'avis : The City of Saint John ArrW ent'reint : Arnle relatifmfx lieux inestUtiques el oux hilliments el constructions clang roux de Saint John, Assoc 1ILlulel-0 M-30, aiusi que ses modifications ci-aff6teittes (F << Atr&td >>). provision(s) contravened: SUbscctlous 60), 6(2) and Disposition(s) enfreinte(s) : Les pai-agi-aphes 60), 6(3) of the By-law. 6(2) et pai-agraphe 6(3) de I'Arr&t6. Conditions(s) that exist: Tile premise is unsightly by permitting; junk, rubbish, refuse and a dilapidated building to i-emaiii oil the pt°emise. The building has become a hazard to the safety of the public by reason of being WICaut or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by I-eaSoll Of 1111SOUndiiess Of structural strength,. The cotiditims of the building and premise are described in Schedule "A", a true copy ofthe iusPecti0l' I-ePOl-1 dated August 30, 2019 prepared by Catherine Lowe, ELT and reviewed aud C011CUITOCI ill by Arny Poffeuroth, PEnz:1g., By-faw Eliforcemeut Officers. What must be done to correct the condition: 'File owner- is to remedy the conditions by complying; will' the required remedial actions of' the aforementioned inspection i-eportandbritig the building and premises into Z-1 COMpliallCe with the aforesaid By-law. 11, the event that the owner- clues nett remedy the couditioll ofthe building and pi-enuses ill the time prescribed by this L, Notice to Comply, the building may be demolishecl as the corrective action to address the hazard to the safety ofthe public and the premises may be cleaned Lip. Description de la (des) situation(s) : Les helix sant iiies(HtiqLICS ell pei,mettaut la presence cle fetraille, de C16tLitlAS et le batitneut d6labi-6. Le N-ttiment est deVeTILI daiigel-eUSC p0111- Vat s&urit6 du l)LlbhC CIU (',,tit de soil inhabitation ou de son iiioccupation et est. deveml Clall(lel'CUSe pOLll_ 1,1 S&L11-46 Chi public chl fait de soil d6labi-emetit et (ILL fait de mauqUC cle sofidit6. Les conditions du biltuncm et CleS fiCUX sunt d6crites a ]'annexe «A >>, Mie copic coif6rme CILI I'app011 d'iiispectiou ell (Lite clu 30 aoCit 2019 et pi-61)aL6 pan - Catherine Lowe, IS ct revise et ell d"accol-de zlvec par Amy Poffeuroth, ilia., ageiltes chai-ge dc I'CX6CLIti011 CICS airretes (,Ill L�IYOUNTI]Mllellt local. Cc (lu'il y a lieu de faire pour y rcin6dier: La pi-opi-i6taite Boit Lestatu-ei- les conditions en se cotifol-maut aux recommaudatious du I'appOl't d'irispectiou stisillentiom16 et d'amenej- le bi-itiment et les lieux oil cotifonnit6s avec I'Arl-et6. Dans 1'6vei­ituaht6 qLle la pl-Opfidtaire Ile I-C1116(fiCut pars le b5timent et ICS lieL]x dans le tenips pi-esci-it par le pr6sellt avis dc cotiforillit:6, le bfttilllCut pOL11T011t intl"e de molis comme mesure corrective compte temi qLl'il repr6seutc Lill I)OUr la s6cui,46 clu public et les lieLIX p0111 -1 -Out Otl_e uettoy6s, Iii the event of' detuolitiou, all c1cloi-is and items oil the Daus UVeutUalit6 de d6molitiou, taus les d6bris et premises will be disposed of as the corrective aeti011 to aLltl_CS ItOMS Sill' ICS IiOLIX scrout dispos6s comme The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date before which the condition must be corrected:' a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 45 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8`r' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L 1. Potential penalty for not complying with notice within time set out lin notice:' Subsection 11(1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By- law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 1 I(l) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). Local government's authority to undertake repairs or remedy:; Paragraphs 12(l)(a), 12(1)(b) and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, rnesure corrective dans le but de remedier le danger pour ]a securitd du public. Les mesures correctives susmentionndes relativement a la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas ie nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de deversernent ou le deversement d'un polluant dans ou sur 1'environnement ou toute partie de 1'environnement. DOW imparti pour y remedier : a) La ddrnolition du batiment et le nettoyage des lieux doivent etre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 45 jours qui suivent la signification de ]'avis de conformite. b) Les reparations reliees aux rnesures doivent Etre completees dans les 120 jours qui suivent la signification de Favis de conformite. Date limite pour donner Favis d'appel: Dans les 14 jours qui suivent la notification de I'avis de conformite. Processus d'appel : La propridtaire peux dans les 14 jours qui suivent la notification de ]'avis de conformite, envoys un avis d'appel par courrier recommandd a la greffiere comtnunale de la municipalite, a The City of Saint John, Edifice de ]'hotel de ville, 8` etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L 1. Peine possible en cas d'omission de se conformer aux exigences de ]'avis dans le delai y imparti : 2 Le paragraphe l 1(1) de I' Arrate prevoit quiconque ornet de se conformer aux exigences formuldes dans un avis de conformite notifie aux termer de ]'article 7 de ladite Arrete, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu' une infraction prevue au paragraphe 11(]) se poursuit pendant plus d'une journee, I'amende minimale qui peut etre imposee est 1'amende minimale prevue par la Loi stir la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels ]'infraction se poursuit conformement a I'alinea I I (3)b)i). Pouvoir du gouvernement local d'entreprendre des reparations ou de remedier a la situation : Conformement aux alindas 12(1)a), 12(1)b) et 12(1)c) de ]'Arrete, si un avis de confonrritd a ete signifre aux termer de ]'article 7 de ladite Arrete et, que le ' "_' _`"____ ___ I•. .. ,....�...-.r ..... o nr.r.fr,rmw nic �l rad 91f11` any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John the_4fday of August, 2019 Local government: The City of Saint John Signature of the officer of the local government: nettoyer ou reparer les lieux de cc proprietaire ou de cet occupant ou de faire reparer ou demolir ie batiment ou autre construction de cc proprietaire ou de cet occupant, et les coots afferents a 1'execution des ouvrages, y compris toute redevance ou tout droit connexe, sont anis a la charge du proprietaire ou de ]'occupant et deviennent une creance de la rnunicipalite. Fait a Saint John le — ao6t, 2019. Gouvernement locale : The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonnees du fonctionnaire du gouvernement government: local: Name: Catherine Lowe, E1T Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10°i Floor P. 4, Box 1971 Saint John, New Brunswick E2L 4L I Telephone: (506) 658-2911 E-mail: catherine.lowe@saintJohn.ca Fax: (506) 632-6199 Corporate seal of the 1 Notes: o�ouI IS` --z'!;,:! " 1. All appropriate permits must "rblaaned `and all relevant legislation must be complied with in the course of carrying out the required remedial action. Nom : Catherine Lowe, IS Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de l'h6tel de ville, l0e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L 1 Telephone: (506) 658-2911 Adresse dlectronique: catherine.lowe@saint'ohn.ca Telecopieur : (506) 632-6199 Sceau du gouvernement local Notes : 1. Tous les permis prescrits doivent etre obtcnus et toule la Idgisiation pertinente doit etre respectce pendant 1'exdcutiorn des mesures de remediation. 2, Payment of the fine does not alleviate the obligation to comply 2. Le paiement de Pamendc Wa pas pour cffet d'annuler with the by-law, standard or notice. ('obligation de se conformer a Parrctd, a la norme ou a ]'avis. 3. Costs become a debt due to the local government and may he 3. Les cools deviennent une creance du gouvernement local ct added to the joint local government and provincial Real Property peuvent etre ajoutds i ]'avis common d'dvaluation ct d'imp8t Assessment and Tax Notice. foncicr des gouvernements local et provincial. 142-144 Highland Road Saint John, New Brunswick PID# 55196711 this 5( clay LL4J •,. 20 kq t ctondards Officer Inspection Date: July 29, 2419 Inspection Conducted by: Catherine Lowe, EIT & Vincent Chan, By-law Enforcement Officer Introduction Inspections of the property at 142-144 Highland Road, PlD# 55196711, have revealed that there are two buildings on the premise (the "Buildings"); a two-storey, single family dwelling (the "House"), and a two-storey, wood framed shed (the "Shed"). Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures. The property is located on the City's North End in a two -unit residential zone. The Buildings are a hazard to the safety of the public by reason of being open, by reason of being vacant, and by reason of dilapidation. The Shed is a hazard to the safety of the public by reason of unsoundness of structural strength. Discussion The Buildings are not in compliance with the Saint John Urtsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such pl'enllses (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. There is an accumulation 01' junk, rubbish, and refuse on the property. These items include, but are not limited to; a damaged mattress, a discarded blanket, rotten pieces of wood, rusted metal barrels, tires, a green garden hose, a small collapsed wooden shed, broken glass, exposed nails, as well as other various loose garbage. There is also a large rusted metal satellite with a concrete base at the rear of the property. The aforementioned accumulation of junk, rubbish, and refuse Is unsightly. 2. The House is dilapidated. The paint oil the siding is peeling. The exposed sections of the stone foundation are colored green due to algae growth. The right side and rear entrance to the House have been found open. The door to the rear entrance rests against the House. The door to the crawl space at the rear of the House has been broken and removed; the door now lies on the ground. A window at the rear of the House is covered with a plastic film. The screen of al window on the right rear of the House is sticking out from the window frame. There is a rusted pulley system on the right side of the House. These conditions are unsightly. deteriorated and peeling. Windows on the right, ►ett, anu real V1 LW- 0111 u missing glass, exposing the interior of the Shed to the elements. The stone foundation of the Shed is crumbling. A section of foundation at the rear of the Shed has partially failed, causing the left rear corner of the Shed to be inadequately supported. The front wall and roof of the Shed is no longer plumb but is sagging downward on the left and right side. These conditions are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Buildings are a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that arc known to be open and vacant can attract vandalism, arson and criminal activity. The property's condition affects the quality of life of neighboring residents and negatively affects property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. There are signs of trespassing in the Buildings as some items appear intentionally broken and there are mattresses on the floor in the living room of the House. There are two separate energy meters on the House. Saint John Energy confirmed that power for 144 Highland Road was disconnected in May 2015 and power for 142 Highland Road has been disconnected since May 2018. The City of Saint John Finance department confirmed that the water has been turned off since November 2015. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Buildings are vacant. There is a neighboring single family home at 138 Highland Road that is currently vacant due to ongoing renovations. If a fire event were to occur within the Buildings, could easily spread to the neighboring property, which could cause significant damage to the building. In addition, since both of these buildings are vacant, a fire may not be detected right away. This could allow the blaze to intensify and become out of control. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the House, it would be reasonable to expect they may be required to enter it. They may also need to enter the House to fully extinguish the fire. The condition of the interior is not known to firefighters, which poses a hazard to their safety and others who may be inside in the event of a mire. Household items, broken glass, garbage and other debris cover the floors inside the House. There is a mattress lodged in the front stairwell leading to the second storey. These conditions are hazardous as they could hinder the movement of emergency personnel or anyone else inside the House during an emergency. 4. The two-storey Shed is open and accessible to the public. Emergency personnel may be required to enter the Shed if they suspect there may be people on the second storey of the Shed. The first storcy of the Shed is filled with discarded items and junk. The stairs leading to the second storcy do not meet the National Building Cade q%' Canada standards and therefore would be hazardous during an emergency event. The Shed is also structurally unsound, i_.. i-ra — –ar n f thn .ChwCi iv. not nronerly supported. This is a hazard to Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become it hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Buildings are a hazard to the safety of the public by reason of dilapidation for the following reasons: The House is dilapidated. The ceiling of the kitchen on the first storey is sloped and stained from water damage. This is likely due to water leaking front the second storey bathroom. The flooring around the toilet in this bathroom is warped, suggesting water damage. Floors can become soft and unsound due to water damage and can fail under load. 2. The rear staircase that provides access to the only the second Storey of the House is sloped. This may be caused by a shift in the House or the foundation, which could indicate structural unsoundness of the House. On the first storey, there is a small storage area beneath the staircase that is deteriorated and shows signs of rot. This may be due to water damage, which could worsen the condition of the stairs as well as this section of wall of the House. 3. The House has been open to the pubiic for a number of years as the right side and rear doors to the House have remained open and unsecured. The door leading to the crawl space of the House has also been open, providing access to the House's foundation, and electrical and plumbing equipment. The interior condition of the House suggests that it has been vandalised. There is household items, garbage, and other junk strewn throughout the House. There are also piles of broken glass in sections of the House that appear to be front broken dishes. Furniture such as mattresses and conches have been upturned and damaged. Trespassers are a hazard to tite safety of the neighborhood. These conditions could also give rise to pest and rodent infestation, creating it nuisance to neighbors and increasing the dilapidation of the House. 4. The Shed is dilapidated and has remained open for a number of years. The doors are damaged and cannot be closed. The first storey of the Shed is filled with discarded items and junk. There are many wooden boards with exposed nails on the second storey of the Slled. Exterior siding along the base of the Shed is rotten. The roof shingles are worn and peeling. High winds could dislodge the shingles, creating a hazard for people or property in the area. The front wall and roof of the Shed is sagging, suggesting structural issues. This is also evident at the left rear corner of the Shed where the stone foundation has failed and left this section of the Stied improperly supported. These conditions could cause the Shed to fail, which would be hazardous for anyone in or around the Shed. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Shed is a hazard to the safety of the public by reason of unsoundness of structural �trwnath for the following reasons: Sections of the rear stone wall tounctanon nave taiuwu. ► &A- 1414 =�. ��••• the Shed rests on only one stone block that is deteriorated. The remaining stone foundation is crumbling. Tile left rear section of the Shed could collapse if the Stied is left in this condition. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Buildings through all repair and remedial actions as follows: I. The Buildings must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirement~ of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Buildings must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Buildings must meet the National Building Coda (?f Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-larv, By-law Number C.P. 102 and alliendlilents thereto (the "Suint John Building By-la+v"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise "lust comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Buildings and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Buildings must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained frons the City of Saint John in order to comply with the Saint John Building By-la1•v. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-law~, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. A Ail A_1-;; tl,nt is rirrrr.nYly on the Dremtse must be removed and disposed of at all 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: CCS. -CA -mac-{- Catherine Lowe, EIT Date Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy Poffenrot , P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services Date FORMULE I FORM 1 - - -- --g- , AVIS DIAPPEL NOTICE OF APPEAL Cof�mjsioner of Oath's file �'ile No.: BETWEEN: Appellant(s), - Mid - THE CITY Of, SAINT JOHN, Respolidelit. Parcel Identifier: PID 4 Parcel Address: Owiler(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: N" du dossier : E NTI2 E : Appelant(s), - et - THE CITY Of, SAINTJOHN, Intim6e. NUm&o d'identificatiori de la parcelle: 4 NID Adresse de la parcelle : Proprletaire(s) OLI occupant(s): Nom : Adresse -- T&plione: Nom : Adresse : T616plione: Tlie above named appellant(s) is (are) not satisfied [..,'appelant ou les appelants SLIS1101111116(S) Waccepte(rit) with the terms and conditions set out III: pas les modallt6s OU les conditions qui sant a nonc6s (falls : (a) a Notice that was giVen Under section 7 of the (a) Lill AVIS qui as 6t6 donn6 ell vertu de Particle 7 de S(iint khn (Insiglal.l.) Premises and D(mgemus IAri-r Ic relca�f (nix lieux ineslh&iques el aux Buil(lings and Structures BJ)-Lmv,- or btitin7ents et (,.,ojjstj-jteijons dungei-eux clans The City raj 'Sointdohn; OLI (h) all Order that was issued Under section 25 cat the (b) Line ORDONNANc'ii (pUi a W 6111ise ell vertu de S(finl John Minitnum Proj)ei,-t1V Shindai-cls BY- I'article 25 de I'Ai,retc conccrn(nit les noi-mes Lcnv; /),I in im (Iles 1-cgisscnit les rc sidences cleScibilJohn and flierefore appeals to the Saint John Substeindard et fait ainsi appel devant le Comite des al)j)els, sur les Proj)erties Aj)peal Comniftee. residences non conAP-mes aux norines deS(finlJohn. Tlie appellant's grounds for this appeal are as l'oHows Les motifs d'appel de I'apliclant(s) dans le pr6sent Dated at 20 Signature of owner or occupier the day of Fait a The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the Common Clerk within fourteen (14) clays after having been given the Notice or Order at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8`E' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the anneal within fourteen (14) days after making its 20 Signature du proprietaire ou de 1'occupant le L'appelant a ou les appelants ont ]'intention d'utiliser la langue fraise ou anglaise [ ] (Veuillez cocker la case appropriee). Vettillez faire parvenir votre AVIS D'APPEL par courrier recomnzande au greffier communal dans les quatorze (14) fours qui suivent la notification de VAVIS ou de l 'ORDONNANCE 6 1 'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 1'h6tel de ville, 8` ctage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L 1 Telephone : 506-658-2862 Facsimile : 506-674-4214 Notes : 1. Un AVIS ou une ORDONNANCE dant it West pas interjete appel dans les quatorze (14) jours qui suivent la notification de I'AVIS ou 1'emission de l'ORDONNANCE est repute confinne. 2. Lors d'un appel, le Comite des appels stir les residences non conformes aux normes de Saint John doit tenir, sur le point en litige, une audience au tours de laquelle le(s) proprietaire(s) ou ('occupant ou les occupants qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John petit confirmer, modifier ou annuler I'AVIS ou 1'ORDONNANCE ou proroger le delai pour s'y conformer. 4. Le Comite des appels sur les residences non conformes aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a ]'occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjete appel dans les 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) clays after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. 5. Le(s) proprietaire(s) ou I'occiipant ou les occupants a qui une copie d'une decision a dtd fournie par le Comite des appels sur les residences non conformes aux normes de Saint John concernant un AVIS peut (peuvcnt), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de Farretd n'a pas ete suivic, ou (b) la decision est ddraisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OFTHE BUILDING THAT IS LOCATED AT SAINT JOHN, N.B. (PID number AFFIDAVIT OF SERVICE 1, )bcjav) _jnk(kj"� of Saint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. j ) e On 1, at approximately I I ( �?p —, I posted a copy of the attached Notice of Common Council Hearing letter, marked Exhibit "A" to the front door of the building that is located at q 7 jj&,qj Pj Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the day of _6E,itr -, 2019 RACHEL A VAN WARI COMMISSIONER OF OATHS My COMMISSION EXPIRES DECEMBER 31s", 2022 i F-11 i f October 31, 2019 Permitting & Inspection / Service des inspections et de I'application By -Law Enforcement / Service d'Application des Arrk6s Municipaux Phone/ T61: (506)658-2911 Fax / T06c. (506) 632-6199 Case Number: 18-0317 VIA REGISTERED MAIL Hui Lin & Jia Cao 142 Highland Rd Saint John, NB E2K I P9 This is Exhibit A Referred to in the Affidavit of :����Sworn before �MeattheC��of Saint John, New Brunswick the day of Dear Sir/Madarn: NOTICE OF COMMON COUNCIL HEARING Re: 142 Highland Rd, PID 4 55196711 Dangerous and Vacant Building Program On August 30, 2019, a Notice to Comply was issued for the abov,c mentioned property which required remedial action to bring the building and premises into compliance with the Sainl John (,'nsightly Premises anct Dangerou.s, Br(jj(hn unci ,5"17 --uclza es By-lcm, The Notice to Comply was posted on the said property on September 19, 2019, "I"he fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will be carried out on November 4, 2019, If the property is not in compliance with the aforesaid By-law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on November 18, 2019 at 6:00 p.m. to recommend that the building be demolished because it has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however, note that this meeting will be your only opportunity to do so. If you have any questions, don't hesitate to contact me at (506) 658-2911. Regards, Rachel Van Wart, P.Eng Standards Officer The Royal Bank of Canada P.O. Box 1971 C.P. 1971 Sacra John, NB Saint John, N, -B. Canada E2L4L1 Canada E21_41_1 wwwsaintjohn.ca 182 I I I I I I COUNCIL REPORT M&C No. 2019-294 Report Date November 08, 2019 Meeting Date November 18, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 47-49 Broad Street (PID 00000778) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton /A Poffenroth John Collin RECOMMENDATION RESOLVED, that the building located at 47-49 Broad Street, PID# 00000778, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that the building is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated underthe Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 47-49 Broad Street. The hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A -2 - REPORT Inspections of the property at 47-49 Broad Street, PID# 00000778, have revealed that there is one building on the premise; a two-storey, three -unit apartment building. The building is currently assessed at $48,800. Staff first became aware of the property's vacancy in February 2018 and began standard enforcement procedures. The property is located in the South Central Peninsula in an urban - centre residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on October 2, 2019 and was and was posted to the building on October 4, 2019, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists two individuals as the owners; however the property owners refuse responsibility for the property due to bankruptcy. The bankruptcy trustees were also personally served with a copy of the Notice. The Notice provided the owners with 30 days to remedy the conditions at the property. The owners did not file a formal appeal and did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on November 8, 2019 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was posted to the building on November 8, 2019 and sent to the owners via registered mail on November 8, 2019. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior `11106%, to starting demolition activities at the property. Total cost of the demolition work is approximated at $15,000 and will take about 4-5 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos `&OW Parcel identifier: PID #00000778 Address: 47-49 Broad Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Losier, Joseph Gerard Address: 19 Cranberry Hill, Saint John, New Brunswick, E2K 5E4 Name: Losier, Vanessa Eileen Address: 19 Cranberry Hill, Saint John, New Brunswick, E2K 5E4 (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Numero d'identification de la parcelle : NID :00000778 Adresse : 47-49, rue Broad, Saint John, Nouveau -Brunswick Proprietaire(s) on occupant(s) : Nom: Losier, Joseph Gerard Adresse : 19 Cranberry Hill, Saint John, Nouveau -Brunswick, E2K 5E4 Nom : Losier, Vanessa Eileen Adresse : 19 Cranberry Hill, Saint John, Nouveau -Brunswick, E2K 5E4 Local government giving notice: The City of Saint Gouvernement local signifiant Pavis : The City of John Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the `By- law"). Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux batiments et constructions dangereux de Saint John, Arrete numdro M-30, ainsi que ses modifications ci-affdrentes (1' o Arrete »). Provision(s) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) : Les paragraphes 6(1), 6(3) of the By-law. 6(2) et paragraphe 6(3) de i'Arretd. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated September 25, 2019 prepared by Rachel Van Wart, P.Eng, By-law Enforcement Officer and reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. Description de la (des) situation(s) : Les lieux sont inesthetiques en permettant la presence de ferraille, de detritus et le batiment ddlabrd. Le batiment est devenu dangereuse pour la sdcurite du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la securite du public du fait de son ddlabrement et du fait de manque de soliditd. Les conditions du batiment et des lieux sont ddcrites a i'annexe <<A », une copie conforme du rapport d'inspection en date du 10 juin 2019 et prepare par Rachel Van Wart, ing, agente charge de 1'exdcution des arretes du gouvernement local et rdvisd et en d'accorde avec par Amy Poffenroth, ing., une agente chargde de 1'ex6cution des arretds du gouvernement local. Ce qu'il y a lieu de faire pour y remedier: La propridtaire Boit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionnd et d'amener le batiment et les lieux en conformitds avec 1'Arrete. Dans 1'6ventualite que la propridtaire ne remedient pas le batiment et les lieux dans le temps prescrit par le prdsent avis de conformitd, le batiment pourront etre ddmolis comme mesure corrective compte tenu qu'il reprdsente un danger pour la sdcuritd du public et les lieux pourront etre nettoyds. premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. autres items sur les lieux seront disposes comme mesure corrective dans le but de remddier le danger pour la sdcuritd du public. Les mesures correctives susmentionndes relativement A la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en stat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'dliminer le ddversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur 1'environnement ou toute partie de 1'environnement. Date before which the condition must be corrected: 1 Delai imparti pour y remedier : 1 a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. a) La demolition du batiment et le nettoyage des lieux doivent titre compldtdds, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 30 jours qui suivent is signification de Favis de conformitd. b) Les reparations relides aux mesures doivent etre completees dans les 120 jours qui suivent la signification de Pavis de conformitd. Date for giving notice of appeal: Within 14 days of Date limite pour donner Pavis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de Favis de conformitd. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8`h Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for not complying with notice within time set out in notiee:2 Subsection 11(1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11 (1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). Local government's authority to undertake repairs or remedy:3 Paragraphs 12(1)(a), 12(1)(b) and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within tha times eat nrnt in tha eairl Mntica tha ("itxr may Processus d'appel : La propridtaire peux dans les 14 jours qui suivent la notification de l'avis de conformitd, envoys un avis d'appel par courrier recommandd a la greffiere communale de la municipalitd, a The City of Saint John, Edifice de 1'h6tel de ville, 8e stage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4LL Peine possible en cas d'omission de se conformer aux exigences de Pavis dans le delai y imparti : 2 Le paragraphe 11(1) de 1' Arretd prdvoit quiconque omet de se conformer aux exigences formuldes dans un avis de conformitd notifid aux termes de Particle 7 de ladite Arretd, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prdvue au paragraphe 11(1) se poursuit pendant plus d'une journee, 1'amende minimale qui peut etre imposde est 1'amende minimale prdvue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multiplide par le nombre de jours pendant lesqueis Finfraction se poursuit conformdment a Palinda 11(3)b)i). Pouvoir du gouvernement local d'entreprendre des reparations on de remedier a la situation : 3 Conformdment aux alindas 12(1)a), 12(1)b) et 12(1)c) de 1'Arretd, si un avis de conformitd a ete signifid aux termPe ria Particle 7 rhe ladite ArrkA et mit-, le states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. n Dated at Saint John th day of October, 2019 Local government: The City of Saint John Signature of the officer of the local government: paragraphe 12(3) de ladite Arret6, la municipalit6 peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant ou de faire r6parer ou d6molir le batiment ou autre construction de ce proprietaire ou de cet occupant, et les coots aff6rents a 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du propri6taire ou de l'occupant et deviennent une cr6ance de la municipalit6. Fait a Saint John le octobre, 2019. Gouvernement locale : The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonn6es du fonctionnaire du gouvernement government: local: Name: Rachel Van Wart, P.Eng. Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10`h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-mail rache „van art c lain ohn.ca Fax: (506) 632-6199 Corporate seal of the loc Notes: thi itiu!adFX 1. All appropriate permits must be` ' �y�'`m� ittd all relevant legislation must be complied with in the course of carrying out the required remedial action. Nom: Rachel Van Wart, ing. Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square Edifice de I'hdtel de ville, 1 O 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone : (506) 658-2911 Adresse 6lectronique: rach_el.vanwari ct�salr ohn ca T616copieur : (506) 632-6199 Sceau du gouvernement local Notes : 1. Tous les permis prescrits doivent Etre obtenus et toute la legislation pertinente doit etre respectee pendant 1'ex6cution des mesures de remediation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de 1'amende n'a pas pour effet d'annuler with the by-law, standard or notice. ]'obligation de se conformer a 1'arrete, a la norme ou a ]'avis. 3. Costs become a debt due to the local government and may be 3. Les coots deviennent une creance du gouvernement local et added to the joint local government and provincial Real Property peuvent etre ajout6s a ('avis commun d'6valuation et d'imp6t Assessment and Tax Notice. foncier des gouvernements local et provincial. 4 /-4y 15roau a reef Ln►S � Saint John, New Brunswick PID# 00000778 �-- r Officer Inspection Date: August 20, 2019 Inspection Conducted by: Catherine Lowe, EIT & Rachel Van Wart, P.Eng. Introduction Inspections of the property at 47-49 Broad Street, PID# 00000778, have revealed that there is one building on the premise (the "Building"); a two-storey, three -unit apartment building. Staff first became aware of the property's vacancy in February 2018 and began standard enforcement procedures. The property is located in the South Central Peninsula side in an urban -centre residential zone. The property owners refuse responsibility for the property due to bankruptcy. Attempts were made to contact any other party that may have interest in the property, however attempts were unsuccessful. For this reason, an entry warrant was obtained in order to conduct an internal inspection to assess the interior conditions of the Building. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsightly 'remises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the `By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; discarded wood, a lawn mower, a wooden dresser, a broken door, dilapidated steps, as well as other bagged and loose garbage. Based on previous inspections, it is likely that the overgrown foliage is covering other items. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The wooden shingle siding is peeling and shingles are missing in numerous locations. The front door providing access to the second floor is boarded. Windows are open with broken glass hanging. The wooden soffit at the rear courtyard of the Building is rotten and missing in sections. The awning over a rear entrance doors is rotten. The carport on the left side of the Building is dilapidated. Pieces of thin plywood are loosely attached to the tops of the support Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Ownership is currently caught up in bankruptcy proceedings. It is acknowledged that the registered property owners are proceeding through bankruptcy. 1. Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. The property's condition affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The registered owners refuse responsibility as the property is part of a bankruptcy claim. No other party has come forward to claim care and control of the property. There is evidence of vandalism within the Building. Wiring and piping have been stripped throughout the units with missing and broken drywall. Saint John Energy confirmed that the power has been disconnected since October 2017. The City of Saint John Finance department confirmed that the water has been turned off since May 2016. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. The Building is located beside an office located at 43 Broad Street. If a fire event were to occur within the Building, it could easily spread to the neighboring property, which could cause significant damage to the building and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The condition of the interior is not known to firefighters, which poses a hazard to their safety and others who may be inside in the event of a fire. Walls and ceilings throughout the Building are damaged, the drywall and other material covers the floors. The floors and ceilings in the Building are sloped. These conditions would be hazardous for any emergency responders required to enter the Building. Dilapidated & Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength for the following reasons: Exterior Conditions: 1. The Building is dilapidated. The wooden shingle siding is peeling and shingles are missing in numerous locations. The front door providing access to door is rotten and dilapidated. Deteriorated pieces of the tsuuamg couia dislodge and potentially cause damage to property or harm anyone near the Building. 2. The carport on the left side of the Building is dilapidated. Pieces of thin plywood are loosely attached to the tops of the support members lining the left -side property line. Interior Conditions: 3. There is water damage on second floor of the Building with hanging drywall and loose insulation covering the floor. There is peeling paint throughout the surfaces in the Building. On the second storey, there are water damaged floors with dark water stains between floor boards. These conditions are evidence of the dilapidation of the Building. 4. Numerous rooms within the Building are in a state of disrepair inappropriate for habitation. Numerous wails and ceilings are missing drywall or plaster; exposing wooden framing members, insulation and electrical wires. 5. It appears as though structural repairs have been made to the Building in the ground floor unit without an approved Building Permit. This work cannot be confirmed if it meets the National Building Code of Canada. A wooden beam has been installed in lieu of a stud wall spanning the length of the living room, in addition to a series of doors installed on the right side wall of the Building. 6. There is evidence of structural movement and unsoundness within the interior of the Building. Floors within the Building are sloped. There are significant cracks spanning entire walls, in addition to other cracked drywall/ plaster locations. The ceiling on the ground floor unit is sloping. Numerous door frames within the Building are severely crooked. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed pian, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the Citv of Saint John in order to comply with the and all rubbish that may be consiaerea nazaraous or unsignuy. ine uearis liUlll the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: aeh 1 Van Wart, P.Eng. Date Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy Poffenroth, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services tm&r- 2,5120my Date CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT SAINT JOHN, N.B. { PID number 4 AFFIDAVIT OF SERVICE of SaintJohn, N.B., Make Oath And Say As Follows: I am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On 0 at approximately pc I posted a copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at AIAI-13 ft e -A -- --2 Saint John, N.B. Sworn To before me at the City of Saint Phn, N,B., on the day of 2019 RACHEI N WART COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER31 ST 2022 201 v k_l All U113 1 ljvI IYULI3 This is EWbit (Lai sur la gou vernance locale, Referred to in the Affidwvit of L.N.-B. 2017, ch. 18, par. 132(2)) A i,7 ( C Parcel identifier: rc;�V_ �I�ki�, vkrn befmat urn6ro dlidentification de la parcelle Sore e the PID #00000778 Saint J, hn, New ns Ick da 7 NID: 00000778 Address: 47-49 Broad streeL' Adresse : 47-49, rue Broad, Saint John, Brunswick Commissioner of Oaths Nouveau -Brunswick Owner(s) or Occupier(s): Propriftaire(s) ou occupant(s) lanae: Losier, Joseph Gerard Not', : Losier, Joseph Gerard Address: 19 Cranberry Hill, Saint John, New Adresse : 19 Cranberry Hill, Saint John, Brunswick, E2K 5E4 Nouveau -Brunswick, E2K 5E4 Marne: Losier, Vanessa Eileen Moen : Losier, Vanessa Eileen Address: 19 Cranberry Hill, Saint John, New Adresse : 19 Cranberry Hill, Saint John, Brunswick, E2K 5E4 Nouveau -Brunswick, E2K 5E4 Local government giving notice: The city of Saint Gouvernernent local signifiant I'vivis : The City of .John SaintJohn By-law contravened: &iinl John Unci hely PI-Cmises and Daiwerous Buildings and BY-Lavv, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Subsections 6(1), 6(2) and 6(3) of the By-law. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated budding to remain on the prernise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety oFthe public by reason ofdilapidation and by reason Of unsoundness of structural strength, lrvlae conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated September 25, 2019 prepared by Rachel Van Wart, P.Eng, By-law Elillorcernent Officer and reviewed and concurred in by Arny Poffenroth, P. Eng., By-law Etil'orcenient Officer, What must be done to correct the condition: The owner is to rernedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. Arr&6 cnfreint : ArrcW relalffena lieux ine.sIh&iques cl aux Mlimenis el construetioiis dangeremi dc &,lini Joh17, Arr6t6 IILI11161-0 M-30, ainst clue ses modifications ci-aff6rentes (J' (< Arr&6 >>). Disposition(s) enfi-einte(s) : Les paragraphes 6(1), 6(2) el paragraphe 6(3) de I'Arr&6. Description de ]a (des) situation(s) : Les lieux sant itiesth6tiques ell perniettant ]a pr6sence de 1erraille, de d6tritus et le bitiment d&labr6. Le batirnent CStd0VCllU dangereuse pour la S&Lirit6 du public du fait de son inhabitation OU de son inoccupation et est devenu dangereuse pour la s6curit& du public du fait de son de labrernent et du fait de nianqUe dc solidit6. Les conditions du b5tinient et des lieux sant d6crites a I'annexe << A >>, Lille topic confionric du rapport d'inspection ell date du 10 juin 2019 et pr&par6 par Rachel Van Wart, ing, agente charge: de 1'ex6cution des arr6t6s du gouvernernent local et r6vis6 et ci) d'accorde avec par Amy 11offlenroth, ing., une agente charg&c de I'CX&LItIon des arr&6s du gOLIverneirient local. Cc qu'il y a lieu de faire pour y rcniMicr: La propri6talre doit restaurer les conditions ell se conforniant aux reco rn manda t i oil s du rapport d'inspection susrnentlonn6 et d'arnener le biltiment et les lieux ell Coll fornii t&s avec I'Arr&6. Dans 1'6VClItLlaJit6 qtw la propri6taire ne rern6dient pas le b5tinient et les lieux dans le temps prescrit par le pr6sent avis de conforniit6, ie bdtiment pourront �,tre d6rnol is conillie Illesure corrective corripte tenu qu'i I repr6sentC Lin danger pour la S6CUrit6 du public et les lieux pourront etre nettoyes. premises will be disposed of as the corrective action to autres items sur les lieux seront disposes comme address the hazard to the safety of the public. mesure corrective dans le but de remedier le danger pour la securite du public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date before which the condition must be corrected: f a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Les mesures correctives susmentionnees relativement A la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, ]a remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur Penvironnement ou toute partie de Penvironnement. Delai imparti pour y remedier : 1 a) La demolition du batiment et le nettoyage des lieux doivent etre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 30 jours qui suivent la signification de ]'avis de conformite. b) Les reparations reliees aux mesures doivent etre completees dans les 120 jours qui suivent ]a signification de Pavis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner Pavis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de I'avis de conformite. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8`h Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for not complying with notice within time set out in notice:2 Subsection 11(1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph I I (3)(b)(i). Local government's authority to undertake repairs or remedy:3 Paragraphs 12(1)(a), 12(1)(b) and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Pavis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de I'hotel de ville, 8` stage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Peine possible en cas d'omission de se conformer aux exigences de Pavis dans ie delai y imparti : 2 Le paragraphe 110) de I'Arrete prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de I'article 7 de ladite Arrete, commet une infraction qui est punissable en vertu de ]a partie 2 de la Lai star la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 11(1) se poursuit pendant plus d'une journee, Pamende minimale qui peut etre imposee est I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels ]'infraction se poursuit conformement a Palinea I I(3)b)i). Pouvoir du gouvernement local d'entreprendre des reparations ou de remedier a la situation : 3 Conformement aux alineas 12(1)a), 12(1)b) et 12(1)c) de I'Arrete, si un avis de conformite a ete signifie aux states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. nJ Dated at Saint John th+C—,?— day of October, 2019 Local government: The City of Saint John Signature of the officer of the local government: paragraphe 12(3) de ladite Arrete, la municipalite peut faire nettoyer ou reparer les lieux de cc proprietaire ou de cet occupant ou de faire reparer ou demolir le batiment ou autre construction de cc proprietaire ou de cet occupant, et les couts afferents A 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du proprietaire ou de I'occupant et deviennent une creance de la municipalite. Fait A Saint John le octobre, 2019. Gouvernement locale : The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonnees du fonctionnaire du gouvernement government: local: Name: Rachel Van Wart, P.Eng. Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10`x' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-rnail: rachel.vanwartRsaintjohn.ca Fax: (506) 632-6199 Corporate seal of the loc Notes: 1. All appropriate permits must be,ps d all relevant legislation must be complied with in the course of carrying out the required remedial action. Nom: Rachel Van Wart, ing. Adresse postale: Service de la Croissance et du D6vcloppement Communautaire The City of Saint John 15 Market Square Edifice de 1'h6tel de viIle, IOe 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone : (506) 658-2911 Adresse electronique: rachel.vanwart(ii)saintiohn.ca T616copicur : (506) 632-6199 Sceau du gouvernement local Notes : 1. Tous les permis prescrits doivent etre obtenus et toute la legislation pertinence doit etre respectee pendant 1'execution des mesures de rem6diation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de 1'amende n'a pas pour effet d'annuler with the by-law, standard or notice. ]'obligation de se conformer a 1'arrete, a la norme ou a ]'avis. 3. Costs become a debt due to the local government and may be added to the joint local government and provincial Real Property Assessment and Tax Notice, 3. Les touts deviennent one creance du gouvernement local et peuvent etre ajout6s a I'avis commun devaluation et d'imp6t foncier des gouvernements local et provincial. 41-49 Broad Street this Saint John New Brunswick PID# 00000778 4nr,. OMcef Inspection Date: August 20, 2019 Inspection Conducted by: Catherine Lowe, EIT & Rachel Van Wart, P.Cng. Introduction Inspections of the property at 47-49 Broad Street, PID# 00000778, have revealed that there is one building on the premise (the "Building"); a two-storey, three -unit apartment building. Staff first became aware of the property's vacancy in February 2018 and began standard enforcement procedures. The property is located in the South Central Peninsula side in an urban -centre residential zone. The property owners refuse responsibility for the property due to bankruptcy. Attempts were made to contact any other party that may have interest in the property, however attempts were unsuccessful. For this reason, an entry warrant was obtained in order to conduct an internal inspection to assess the interior conditions of the Building. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by flim or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (G) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; discarded wood, a lawn mower, a wooden dresser, a broken door, dilapidated steps, as well as other bagged and loose garbage. Based on previous inspections, it is likely that the overgrown foliage is covering other items. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The wooden shingle siding is peeling and shingles are missing in numerous locations. The front door providing access to the second floor is boarded. Windows are open with broken glass hanging. The wooden soffit at the rear courtyard of the Building is rotten and missing in sections. The awning over a rear entrance doors is rotten. The carport on the left side of the Building is dilapidated. Pieces of thin plywood are loosely attached to the tops of the suboort Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Ownership is currently caught up in bankruptcy proceedings. It is acknowledged that the registered property owners are proceeding through bankruptcy. Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. The property's condition affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The registered owners refuse responsibility as the property is part of a bankruptcy claim. No other party has come forward to claim care and control of the property. There is evidence of vandalism within the Building. Wiring and piping have been stripped throughout the units with missing and broken drywall. Saint John Energy confirmed that the power has been disconnected since October 2017. The City of Saint John Finance department confirmed that the water has been turned off since May 2016, 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. The Building is located beside an office located at 43 Broad Street. If a fire event were to occur within the Building, it could easily spread to the neighboring property, which could cause significant damage to the building and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The condition of the interior is not known to firefighters, which poses a hazard to their safety and others who may be inside in the event of a tire. Walls and ceilings throughout the Building are damaged, the drywall and other material covers the floors. The floors and ceilings in the Building are sloped. These conditions would be hazardous for any emergency responders required to enter the Building. Dilapidated & Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength for the following reasons: Exterior Conditions: 1. The Building is dilapidated. The wooden shingle siding is peeling and shingles are missing in numerous locations. The front door providing access to door is rotten and dilapidated. Deteriorated pieces of the Building could dislodge and potentially cause damage to property or harm anyone near the Building. 2. The cat -port on the left side of the Building is dilapidated. Pieces of thin plywood are loosely attached to the tops of the support members lining the left -side property line. Interior Conditions: 3. There is water damage on second floor of the Building with hanging drywall and loose insulation covering the floor. There is peeling paint throughout the surfaces in the Building. On the second storey, there are water damaged floors with dark water stains between floor boards. These conditions are evidence of the dilapidation of the Building. 4. Numerous rooms within the Building are in a state of disrepair inappropriate for habitation. Numerous walls and ceilings are missing drywall or plaster; exposing wooden framing members, insulation and electrical wires. 5. It appears as though structural repairs have been made to the Building in the ground floor unit without an approved Building Permit. This work cannot be confirmed if it meets the National Building Code of Canada. A wooden beam has been installed in lieu of a stud wall spanning the length of the living room, in addition to a series of doors installed on the right side wall of the Building. 6. There is evidence of structural movement and unsoundness within the interior of the Building. Floors within the Building are sloped. There are significant cracks spanning entire walls, in addition to other cracked drywall/ plaster locations. The ceiling on the ground floor unit is sloping. Numerous door frarnes within the Building are severely crooked. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: I. The Building must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other- applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to C:(1171lTlP.11! incr cmid uunrlc frnm the Chir of 1Zn;nf Tniii, In nrdl r to nn-l..*r.o anu ail IUUUlblL ULM 1114y oe conswereu nazarcious or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, 'in accordance with all applicable by-laws, acts and regulations. Documented proof-, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris oil the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at ail approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, nlust be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: ach 1 Van Wart, P.Eng. Date � Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy Poffenroth, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services `5�p`tQ n-�r 2 SSC Date FORM I FORMULE I NOTICE OF APPEAL Zo-m AVIS D'APPEL File No,: N" du dossier : BETWE-EN: Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent, 1"zircel Identifier: PID 4 Parcel Address: owner(s) or Occupier(s). Name: Address: Telephone: Name: Address: Telephone: ENTRE: Appelant(s), - et - THE CITY OF SAINT JOHN, 11101116c, NUm6ro d'identificatioii de la parcek : 4 N[D Adresse de la parcelic : Propri6taire(s) ou occupant(s) : Nom : Adresse : T616phonc: Nom : Adresse : T616phone: The above named appellant(s) is (are) not satisfied L'appelant ou les appelants SUSn0u`U116(S) ri'accepte(lit) witli the terms and conditions set Out in: pas les modalit6s OU les conditions qui sunt 6nonc&s. dans : (a) a Notice that was given under section 7 of the (a) U11 AVIS qUi a &6 donne en vertu de ]'article 7 de Saint John Unsighlly Premises and Dangerous ]'Arr&c� rel0l' aux fieux inesthetiquc�y et aux Buil(fings an(I Struetures By -Law; or bdtimenls el constructions &ingereux (lans The City qf'Saiw John; on (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a W 6mise en vertu de Saint John Minimum Proj)erty Slandar(ls .1 y- ]'article 25 de ]'Ari -CW concei-nant les normes Laiv,' mininialay re'ssanl les s rc�sidences cle Saint John and therefore appeals to the Saint John Suhstamlar(l et fait ains] appel deviant le Cotnit(� tiles al-)pels stu- les Prol)erlies Appeal Committee. re,sidences non coqftwmes aux normes de Sainl,John, Thc appellant's grounds for this appeal are as follows Les motif's d'appel de I'appelant(s) dans le oresent Dated at 20 Signature of owner or occupier the day of Fait a The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please . forward your Notice of Appeal by registered mail to the Common Clerk within fourteen (14) days after having been given the Notice or Order at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8" Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its 20 Signature du proprietaire ou de ('occupant le L'appelant a ou les appelants ont ]'intention d'iutiliser la langue francaise [ ] ou an laise [ ] (Veuillez cocker la case appropriee). Veuillez faire parvenir votre AVIS D'APPEL par courrier recommande au greffier communal dans les quatorze (14) fours qui suivent la notification de 1 'AVIS ou de l 'ORDONNANCE a 1 'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de I'hotel de ville, 8e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L 1 Telephone : 506-658-2862 Facsimile: 506-674-4214 Notes : 1. Un AVIS ou une ORDONNANCE dont it West pas interjet6 appel dans Ies qualorze (14) jours qui suivent la notification de I'AVIS ou 1'emission de I'ORDONNANCE est repute confirme. 2. Lors d'un appel, le Comite des appels sur les residences non conformer aux normes de Saint John doit tenir, sur le point en Iitige, une audience au cours de laquelle le(s) propridtaire(s) ou ('occupant ou les occupants qui interjette(nt) appel a (ont) le droit d'6tre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peut confirmer, modifier ou annuler ]'AVIS ou l'ORDONNANCE ou proroger le ddlai pour s'y conformer. 4. Le Comite des appels sur les residences non conformes aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a ('occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interiete appel dans Ies 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. 5. Le(s) propridtaire(s) ou 1'occupant ou les occupants a qui une copie d'une decision a ete fournie par Ie Comite des appels sur les residences non conformer aux normes de Saint John concernant un Avis peut (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de 1'arrete n'a pas ete suivie, ou (b) la decision est deraisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT _L 51 - ,SAINT JOHN, N.B. ( PID number _L060() -1 1 ) AFFIDAVIT OF SERVICE 1, of Saint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. OnNhiitm6r. w, at approximately I posted a copy of the attached Notice of Common Council Hearing letter, marked Exhibit "A" to the front door of the building that is located at 9 1 - qT daj j ''I I , Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on:B "k— day of oy�crv%6cr- 2019 ...... ..... 4<ACHtL A VAN WART COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 318T, 2022 PAN November 8, 2019 Permitting & Inspection / Service des inspections et de 1'application By -Law Enforcement / Service d'Application des Arr6tks Municipaux Phone/ Te1: (506) 658-2911 Fax / Telec: (506) 632-6199 Case Number: 18-0075 VIA REGISTERED MAIL Joseph & Vanessa Losier 19 Cranberry Hill Saint John, NB E2K 5E4 Dear Sir/Madam: This is Exhibit It Referred to in the Affidavit of C Sworn before me at the City of Saint John, New Brunswick the day of m... ............... ...... �_,- Commissioner of Oaths NOTICE OF COMMON COUNCIL HEARING Re: 49 Broad St, PID # 00000778 Dangerous and Vacant Building Program On October 2, 2419, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. The Notice to Comply was posted on the said property on October 4, 2019. The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection was carried out on November 8, 2019. City Staff will be attending the Common Council meeting scheduled on November 18, 2019 at 6:00 p.m. to recommend that the building be demolished because it has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however, note that this meeting will be your only opportunity to do so. If you have any questions, don't hesitate to contact me at (506) 658-2911. Regards, Rachel Van Wart, P.Eng. Standards Officer c: Bank of Nova Scotia P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, NA. Canada E2L 4L1 Canada E2L 41 SAINT JOHN www.saintjohn.ca 213 I m I m I m m I m I m I m m COUNCIL REPORT M&C No. 2019-290 Report Date November 14, 2019 Meeting Date November 18, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Water & Sewer Rate Study OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head+Jcci ty Manager Brent McGovern Brent McGovern hnCollin RECOMMENDATION It is recommended that Common Council: 1. Endorse the attached Water & Sewer Rate Study; 2. Support removing the third consumption tier from the rate structure given no water consumption has been billed to Tier 3 since 2008; and 3. Direct staff to communicate the results of the of the rate changes to water only and sewer only customers given they will see a change in their 2020 billing. EXECUTIVE SUMMARY Hemson Consulting Ltd. in working with staff recently completed Rate Studies that cover the Water (potable) & Sewer Rate Report, the two East Industrial Water customers (Irving Paper and Irving Oil) and the two West Industrial Water customers (NB Power—Coleson Cove and Irving Pulp and Paper). The plan is to implement the new water and sewer rate structure via by-law effective January 1, 2020. While there are changes made, a balanced 2020 Utility Operating budget is being presented to Finance Committee at its next meeting that holds the flat rate at the same in 2020 as the 2019 flat rate. Metered properties serviced by both water and sewer will experience a change similar to those flat rate users, regardless of the amount of water consumed. The exception rests with properties serviced by water only or by sewer only. In these 0% -2 - cases, which are limited to less than 2%, the rate changes are more significant as those users would not see the benefit of the decreased sewerage surcharge which is moving from 122% of the water charge to 81% of the water charge. Water only customers will see a rate increase upwards of about 23% in 2020 only and sewer only customers will see rate decreases on the order of 19%. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Aligns with Council's priority of fiscal responsibility where it specifically states "Investigate options to allocate water costs among ratepayers". REPORT Background The City of Saint John provides potable water to about 14,000 residential accounts and about 3,100 ICI accounts. Currently, residential customers in Saint John are charged for water and sewerage services on a flat rate basis. Under this rate structure, the total bill remains constant regardless of the amount of water consumed. Non-residential and multi -unit residential customers are metered and water is charged on a per cubic metre basis. A fixed charge relative to the size of the water meter is levied in addition to the consumption based charge. The City currently employs a three tier declining block structure for water services — under this structure the unit price of water decreases relative to use. Sewerage services are levied on a surcharge basis, equal currently to 122% of the water bill. As part of the Safe, Clean Drinking Water Project (SCDWP) the Loch Lomond Drinking Water Treatment Facility went into operation on August 30, 2018. With the construction of the new plant, separation of the potable and industrial water supply on the east system was possible (the west industrial systems were already separated however there had been some infrastructure sharing between industrial and potable water customers before the move to groundwater) thereby requiring an adjustment in the way the City delivers services to residential and non-residential customers. These changes combined with Council's Priority to "Investigate options to allocate water costs among ratepayers" required a review of the water and sewer rates. The last water and sewer rate study was completed in 2008 when the City of Saint John undertook a water and sewer rate study to analyze the full cost of providing services, and the results of this study form the basis for which the City bills its customers today. Since 2008 and particularly more recently with the investments in the SCDWP there have been changes in the water system. f�0�3 -3- Hemson was retained by the City of Saint John to undertake a comprehensive Water and Sewer Rate Study with a view of calculating utility rates. The key goals of this assignment were as follows: • Determine water consumption and sewer usage by different types of users; • Estimate total anticipated water and sewer demand; • Calculate rates that reflect full recovery of system operating costs; • Calculate rates that reflect full recovery of capital infrastructure financing needs; and • Establish reserves to fund the rehabilitation and replacement of infrastructure. Water Consumption In the City water consumption has been declining since 2007. In this regard, metered consumption has declined from about 7.0 million m3 in 2007 to about 5.5 million m3 in 2017. For the purposes of this study, consumption has been moderated and maintained at about 5.46 million m3 per annum over the planning period. Operating Expenditures Operation and maintenance costs are comprised of four distinct components for the purposes of this report: 1. General Operations: treatment, pumping, storage, metering, distribution, etc.; 2. Fiscal Charges (Debt servicing costs incurred); 3. Industrial Water; and 4. Corporate Administration: municipal engineering, internal charges and post -employment benefits. The operational costs of the new Loch Lomond Drinking Water Treatment Facility represent a significant share of total costs ($7.0 million or 30%). The cost projections in the study will be closely monitored and compared to actuals regularly to ensure sufficient revenues are being generated to cover expenses given the treatment facility is a relatively new. Debt — Principal and Interest Payments There is no plan to issue any further debt for capital related infrastructure investments over the next ten years, and as a result, total debt payments are anticipated to decline over the long-term. As debt is retired over the planning period, the plan is to increase the amount of funds contributed to reserves for future asset replacement. The annual debt payments (principal and interest) for the potable water system and sewerage system are shown below. f81zI IIS Figure 5: Projection of Debt Costs (Principal + Interest): Potable Water System Only and Sewer $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Budget ® Potable Water ®Sewer Note: Principal and Interest payments associated with the SCDWP are included The outstanding debt related to both the water and sewer systems by the end of 2020 will be approximately $88.3 million. Corporate Administration The 2019 Utility Operating budget includes about $3 million of corporate administration costs which are identified independently from regular distribution, treatment, metering or debt related expenses. These costs relate to internal charges, infrastructure management and municipal engineering, as well as additional post -employment benefits and is allocated evenly (at $1.5 million each) between the water and sewerage system. Non -user Rate Revenues Previous year's surplus funds are being phased out and removed starting in 2023. The Fire Protection and Stormwater Levies are treated as non -rate revenues and are calculated based on a share of the operating expenditures associated to each service — consistent with past methodology. Projected Capital Expenditures The total capital expenditures which the City will be responsible for funding over the ten-year period is estimated at $58.8 million. Overall, about 62%, or $36.5 million, of the infrastructure is required to support water services while the remaining $22.2 million is to support the sewer capital projects. It should be noted that the City does not anticipate any additional debt financing measures to fund the in -year capital expenditure requirements; therefore no additional principal and interest payments beyond the existing debt are included in the analysis. It is important to note that the figures noted below do not include any potential cost sharing or grant funding from upper levels of government, and therefore, any funds received will be applied towards further reducing the existing infrastructure deficit. OR -5 - Note: The allocation of capital expenses is based on the 2019 capital plan with costs allocated 60% water and 40% sewer. Asset Repair and Replacement Provision When assets require rehabilitation or replacement, the source of funds is essentially limited to reserves or contributions from operating. In maintaining a user -pay approach, it is important for the City to build sufficient reserves for the scheduled replacement of infrastructure through contributions from operating. To mitigate an impractical increase of the user rates, contributions to the City's asset management reserve and infrastructure renewal related investments are phased in gradually. By the end of the planning period, 2029, the City will be making more significant annual renewal investments and reserve contributions - providing a funding source for future infrastructure repair and replacement. The 2029 asset investment includes the in -year rate funded share of capital identified in Table 1 plus an additional allocation for future asset repair and replacement — the City will be at 29% of total sustainable investment requirement by the end of the period. Note*:Thesustainableannualfundingrequirementshove been adjustedtoaccountforinflation.The figureshown represents the sustainable investment in 2029 dollars. Rate Structures and Calculated Rates Various water and sewer rate structures are in place across Canadian municipalities. The varying rate structures include flat rates, constant rates, humpback block rates, declining and inclining block rates. The rate structure selected depends on whether the end-users are equipped with a water meter. Tables 3 and 4 below provide a summary of the existing 2019 water rates in Saint John for customers who are charged on a flat rate basis (Table 3) and customers charged both a fixed and consumption based fee (Table 4). WOU Program 000 Cumulative Ten-year Capital 2020 — Water Services $36,546.2 Sewer Services $22,286.5 Total Net Rate Funded $58,832.7 Capital Program (from Note: The allocation of capital expenses is based on the 2019 capital plan with costs allocated 60% water and 40% sewer. Asset Repair and Replacement Provision When assets require rehabilitation or replacement, the source of funds is essentially limited to reserves or contributions from operating. In maintaining a user -pay approach, it is important for the City to build sufficient reserves for the scheduled replacement of infrastructure through contributions from operating. To mitigate an impractical increase of the user rates, contributions to the City's asset management reserve and infrastructure renewal related investments are phased in gradually. By the end of the planning period, 2029, the City will be making more significant annual renewal investments and reserve contributions - providing a funding source for future infrastructure repair and replacement. The 2029 asset investment includes the in -year rate funded share of capital identified in Table 1 plus an additional allocation for future asset repair and replacement — the City will be at 29% of total sustainable investment requirement by the end of the period. Note*:Thesustainableannualfundingrequirementshove been adjustedtoaccountforinflation.The figureshown represents the sustainable investment in 2029 dollars. Rate Structures and Calculated Rates Various water and sewer rate structures are in place across Canadian municipalities. The varying rate structures include flat rates, constant rates, humpback block rates, declining and inclining block rates. The rate structure selected depends on whether the end-users are equipped with a water meter. Tables 3 and 4 below provide a summary of the existing 2019 water rates in Saint John for customers who are charged on a flat rate basis (Table 3) and customers charged both a fixed and consumption based fee (Table 4). WOU -6 - Table 3. .. HouseholdTypical Current vs. Calculated vs. Calculated 2020 Rates 2019 Existing 2020 Calculated Change ($) 1. Water S643 S789 + S146 +22.7°0 2. Sewerage 785 639 - 146 -18.61% 3. Total Water + Sewer $1,428 $1,428 +$0(0.0%) Table 4. 2019 Current Rates vs. Calculated 2020 Rates Categories All Accounts Water 2019 Sewer 2019 (122% of Water Water 2020 Sewer 2020 (81% of Water) Metered: Fixed Charge: $/Month 2 In -year rate funded capital $3,723,800 $1,546,550 5/8" 518.03 822.00 822.20 517.97 3/4" $22.07 $26.93 $27.17 $22.00 1" $30.14 $36.77 $37.10 $30.04 112" $39.63 $48.35 $48.79 $39.50 2" $79.06 $96.45 $97.32 $78.80 3" $164.29 $200.43 $202.24 $163.74 4" $285.71 $348.57 $351.71 $284.76 6" $449.02 $547.80 $552.75 $447.52 8" $645.20 $787.14 $794.25 $643.05 10" and over $873.83 $1,066.07 $1,075.70 $870.92 Consumption Charge: $/m3 Tier 1: 0 - 50m3 /month $1.6123 $1.9670 $1.9848 $1.6069 Tier 2: > 50m 3/month $1.0267 $1.2526 $1.2639 $1.0233 Non- Metered: Fixed Charge: Per Month $53.58 $65.42 $65.76 $53.24 Note: The third consumption tier is eliminated and further explained in this report. Table 5 below provides a summary of the 2020 rate funding requirements for each of the water and sewer systems. Revenue from the potable water and sewer system in 2020 is forecast to be $38.2 million ($22.0 million and $16.2 million respectively). This is the amount of revenue which must be collected through the sale of potable water and the sewerage surcharge to fully recover the operating, capital, rehabilitation and replacement costs of the systems. Note: Non -metered rate revenue includes funds received for. Stormwater levy, fire protection levy, previous year's surplus and other minor sources. PGA Table S. Calculation of the 2020 Net Rate Funding Requirement Ref # Categories Water Sewer 1 Operating Expenditures (including repayment of debt) $21,586,107 $16,333,667 2 In -year rate funded capital $3,723,800 $1,546,550 3 Transfer to/(from) Reserve $0 $0 4 Less: Non -metered Rate Revenue $3,270,676 $1,687,150 Total Net Rate Funding Need = (1+2+3-4) $22,039,231 $16,193,066 Note: Non -metered rate revenue includes funds received for. Stormwater levy, fire protection levy, previous year's surplus and other minor sources. PGA Historically, all costs and revenues for all users have been captured under the potable water budgets, however now both the costs of providing east and west raw water services and the revenues generated for each are recorded independently from the potable system to allow for full cost recovery from industries. A summary of the full cost analysis is summarized as follows: • Despite the lower city-wide net rate funding requirement in 2020, the transition to raw water based user fees for industrial customers, from the city-wide potable rate calculation, will put additional pressure on the potable water user rates to cover the foregone revenue. However staff have anticipated and have been planning for this change and therefore the plan is to maintain the 2019 existing flat rate in 2020. • Over the long-term, it is expected the net rate funding requirements for both the City's water and sewer system are to increase at an average rate of 2.3% per annum (with 2020 at 0%), similar to the long- term average increase in operational expenditures. • There is a commitment to continuing to explore initiatives in an effort to maintain and improve services while reducing costs — savings have been incorporated into the analysis and estimated to be $100,000 per year and calculated on a cumulative basis starting in 2021. In order for the City to recover the costs associated with providing these services, necessary adjustments to the utility rates are required and Tables 3 and 4 provide a summary of the calculated 2020 utility rates. To test the impact of the new rates on the City's residents and businesses, a sensitivity analysis was undertaken to quantify the range of rate impacts and the results are as follows. Metered properties serviced by both water and sewer will experience a similar rate change to those flat rate users identified in Table 3, regardless of the amount of water consumed. The exception rests with properties serviced only by water or only by sewer. Rate changes for water customers are more significant as those users would not see the benefit of the decreased sewerage surcharge. Overall, the properties that are serviced only by water will see a rate increase upwards of about 23 per cent in 2020 only (as shown in Table 3). It is anticipated that users who see an increase of that magnitude is limited to less than 2% of all connections and represent about 8.5% of all potable water revenue generated. Furthermore, approximately two-thirds of the water only customers in this category are relatively low volume users with consumption only in Tier 1 and the calculated 2020 rates translate into an increase of about $12 per month over the existing rates. PIN:] Likewise those properties serviced only by sewer will see rate decreases on the order of 19% as shown in Table 3 as those users will not see the offsetting cost increase associated with water. Those sewer only customers seeing a decrease of that magnitude are just over 1% of the connections. MOVING FORWARD Moving forward the following rate structure recommendations have been provided by Hemson. Maintain Declining Block Rate Structure A declining block rate structure is a tiered approach in which the unit price of water decreases relative to water use and Hemson is recommending maintaining the declining block rate structure. Reduce the Number of Consumption Tiers As consumption in the City has changed over the last decade and the existing consumption tiers do not accurately reflect potable non-residential water consumption patterns. Also as the City transitions some existing large industrial water customers to a raw water based billing structure, these customers will be billed separately which will not make use of the existing three tier structure. Furthermore, only in 2007 and 2008 did some potable water consumers reach the third tier. No water consumption has been billed to Tier 3 since 2008 and therefore Hemson has recommended removing the third consumption tier from the rate structure as shown in Table 5. Since no flow has billed since 2008 in Tier 3 this change will be purely administrative, and existing non-residential customers will not see any change on the total bill as a result. ProposedTable 5 Existing Water Rate Structure vs. Existing Consumption Tier Proposed Consumption Tier Tier 1 0-50 m3Tier 1: 0 — 50m3 Tier 2 (50-125,000 m3Tier 2: > 50m3 Tier 3 (>125,000 m3 - Maintain Fixed Charges by Meter Size The City's current fixed charge is differentiated by the size of the water meter and generally follows municipal best practices — the fixed charge is greater for those customers with a larger meter size (or service size) to reflect either the flow arising from the size of the meter or the investment required to install the meter. Since the existing equivalent factors are already differentiated by meter size and are somewhat reflective of sample investment equivalent ratios used by the American Water Works Association (AWWA)/Canadian Water and Wastewater Association (CWWA) and change is not warranted. Wel -9 - Long Term Financial Plan — 2020 - 2029 In undertaking the analysis, a long term financial planning model covering a ten- year period from 2020 to 2029 was developed using the 2019 approved budget to inform new utility rates for 2020. The overall rate impact, per year, is anticipated to be lower than the annual rate adjustments implemented in recent years. The figure below indicates that the cumulative rate increase for customers receiving both water and sewerage services is expected to be around 2.3% per annum post 2020 (with 2020 at 0%), which is less than half of the average annual rate increases experienced over the last 10 years which were driven by the harbour clean-up and the SCDWP. $2,000 $1,800 $1,600 $1,400 $1,200 $1,000 $80 0 $60 0 $40 Typical Flat Rate User Rate Projection Historical vs. Projected Increases to 2029 6% Average 0% annual 2.3% Average �fwwwwwwww _ tiQ PN P^" yL �3 tia PN PN y� y1 y9� tih do �� ti� c+ w", tib' �A "� "o ,yc.! �O LO 10 PO l0 �O � „�O ,LO LO y0 �0 �O '01 ,ti0 .LO '0 0 0 As part of its process for updating rates Hemson has recommended the City undertake a comprehensive rate review every three to five years to ensure that a nexus between costs and revenues is maintained overtime. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Water & Sewer Rate Study has been reviewed by staff at Saint John Water and the City of Saint John's Finance team. ATTACHMENTS 1. Water & Sewer Rate Study 2. Water & Sewer Rate Study Presentation P49191 231 WATER & SEWER RATE STUDY M3,1211IM11 HEMSONConsulting Ltd. November 2019 TABLE OF CONTENTS EXECUTIVE SUMMARY...............................................................................................1 1 BACKGROUND AND STUDY OBJECTIVE.........................................................8 A. BACKGROUND.........................................................................................8 B. STUDY OBJECTIVE....................................................................................8 II DEMAND ANALYSIS........................................................................................11 A. GROWTH FORECAST..............................................................................11 B. METERED CONNECTIONS......................................................................12 C. WATER CONSUMPTION FORECASTS....................................................14 D. WATER CONSUMPTION ADJUSTMENTS...............................................17 III OPERATION AND MAINTENANCE COSTS.....................................................20 A. OPERATING EXPENDITURES..................................................................20 B. NON -USER RATE REVENUES..................................................................24 IV INFRASTRUCTURE AND CAPITAL...................................................................26 A. WATER AND SEWER INFRASTRUCTURE................................................26 B. CAPITAL AND CONTRIBUTIONS TO RESERVE......................................27 V RATE STRUCTURES..........................................................................................31 A. BACKGROUND.......................................................................................31 B. MOVING FORWARD..............................................................................32 VI CALCULATED RATES........................................................................................36 A. LONG-TERM RATE OUTLOOK...............................................................40 VII RECOMMENDATIONS AND FINDINGS..........................................................43 Appendix A Detailed Rate Calculations Appendix B Rate Structure Survey of Canadian Municipalities HEMSON EXECUTIVE SUMMARY The City of Saint John provides quality drinking water from the South Bay Wellfield and Loch Lomond/Latimer Lakes. The water is then distributed through approximately 500 kilometres of distribution and transmission water pipes. The City has recently embarked upon the construction of a 75 million litre per day water treatment plant, the renewal and installation of 26 kilometres of water transmission/distribution mains, the renewal of 3 dams and the development of the new South Bay Wellfield at a cost upwards of $200 million to bring safe, clean drinking water to the citizens of Saint John. The construction of the water treatment plant titled the "Safe Clean Drinking Water Project" became operational in August 2018 to reduce the occurrence of boil water orders and service interruptions. In 2008, the City of Saint John undertook a water and sewer rate study to analyze the full cost of providing services, and the results of this study form the basis for which the City bills its customers today. The City of Saint John has not completed a thorough review of their water and sewer rates since 2008 and there have been changes to the pattern of water consumption in the City. Furthermore, with the new water treatment plant now complete and operational, there will be an adjustment in the way the City delivers services to both residential and non-residential customers. These changes necessitate a review of the water rates for non-residential users, most notably large industrial users using non -potable (or raw water) which would also impact user rates for potable users. Hemson was retained by the City of Saint John to undertake a comprehensive Water and Sewer Rate Study with a view of calculating utility rates under the City's existing rate structure and to examine the costs and benefits of universal metering in the City while evaluating the user rate implications under this scenario. This report only addresses the utility rates under the City's existing structure while an independent universal metering research report was issued under separate cover. The key goals of this assignment are as follows: • Determine water consumption and sewer usage by different types of users; • Estimate total anticipated water and sewer demand; • Calculate rates that reflect full recovery of system operating costs; • Calculate rates that reflect full recovery of capital infrastructure financing needs; and • Establish reserves to fund the rehabilitation and replacement of infrastructure. HEMSON I In undertaking the analysis, a long-term financial planning model covering a ten-year period from 2020 to 2029 was developed using the 2019 approved budget and 2020 draft budget to inform new utility rates for 2020. With the Safe Clean Drinking Water Project now online, 2020 will represent a shift in service delivery. Historically, all costs and revenues for all users have been captured under the potable water budgets. The costs of providing east and west raw water services and the revenues generated for each are now recorded independently from the potable system. The table below summarizes the 2019 consumption and billing for each customer relative to the new billing structure moving forward. It should be noted that all east and west industrial customers will transition to raw water based rates in 2020. For the purposes of this report, 2020 is considered to be the first full year of raw water billing for all industrial customers. Non -Residential Customer Transition — Potable Billing Non-residential Potable Water 2019 Consumption & Billing (1) New Structure: 2020 Billing Users 1. Irving Oil Ltd. 4,250,000 m3 New East Industrial Raw Water Potable Water Rates Rate 2. Irving Oil Ltd. 4,1 50,000 m3 New East Industrial Raw Water Special Agreement Rates Rate 3. Irving Pulp and Paper. 39,000,000 m3 New West Industrial Raw Water Potable Water and Special Rate Agreement Rates 4. Coleson Cove 625,600 m3 New West Industrial Raw Water Potable Water Rates Rate 5. Irving Paper (at the Flume) 3,123,000 m3 New East Industrial Raw Water Special Agreement Rates Rate Assessment of 2019 consumption revenue if customers maintained $6,641.2 under one potable system ($000) (current state revenue) Note 1: 2019 represents anticipated consumption. Using the 2019 approved budget as a base, the table below summarizes costs which can reasonably be allocated to the delivery of raw water to these customers. For the purposes of this study, all costs shown are to reflect the potable budget adjusted figures which relate to the costs of providing water services to the potable customers only. A separate rate model has been developed for City staff to use in calculating raw water rates for both the east and west industrial customers. HEMSON MEII 3 Note: Corporate Administration includes budget items such as infrastructure management (municipal engineering), additional post employment benefits and other internal charges Considering the costs allocated to the industrial system from potable, the net shortfall to be recovered from existing potable users is about $1.8 million. It is important to note, additional capital costs, asset management and rate stabilization reserve transfers are accounted for in the raw water rate calculation, above the $4.3 million costs HEMSON 2019 ApprovedBudget p, III Base Budget Budget Rationale and Description Budget Raw Water Potable 2019 2019 2019 1. General $17,149.8 $0.0 $17,149.8 • All costs are related to the general Operations: delivery of potable water services 2. Industrial $2,583.8 $2,583.8 $0 • Operating costs of $2,583.8 associated Water with the supply of raw water to west and east industrial customers for recovery under the new industrial full cost rates. • These costs have historically been recovered from a combination of potable water and negotiated rates. 3. Corporate $1,523.3 $0.0 $1,523.3 • All costs are related to the general Administration delivery of potable water services. • Corporate Administration costs are allocated within the industrial water category 4. Fiscal $6,159.3 $1,697.6 $4,461.7 . Debt servicing costs of about $1,697.6 Charges (Debt) associated with the west and east Industrial systems have been allocated to those specific users and removed from the city-wide potable rate calculations. • These costs have historically been recovered from a combination of potable water and negotiated rates. Total Operating $27,416.2 $4,281.4 $23,134.8 Costs Costs Transferred from base uniform Potable System $4,281.4 budget to Industrial System Recovery (1 + 2 + 3 + 4): Total Revenue if maintained under one potable system $6,099.0 (and not charged raw water' rates) Note: Corporate Administration includes budget items such as infrastructure management (municipal engineering), additional post employment benefits and other internal charges Considering the costs allocated to the industrial system from potable, the net shortfall to be recovered from existing potable users is about $1.8 million. It is important to note, additional capital costs, asset management and rate stabilization reserve transfers are accounted for in the raw water rate calculation, above the $4.3 million costs HEMSON In associated to industrial users.' This ensures that the full cost of providing services to the raw water customers is reflected in the raw water rate calculations. A summary of the full cost analysis is illustrated below and summarized as follows: Potable System Cost Comparison: 2019 vs. 2020 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $- IBBD $(10,000,000) General Debt (Fiscal Capital Transfers Non -Rate Industrial Total Net Operating Services) (Rate to/(from) Revenues Water Funding Funded) Reserve Need ® 2019 Budget ® 2020 Note: 2019 approved budget includes the total city-wide potable and east and west industrial budgets. 2020 based on draft budget and reflects the adjusted potable budget only (i.e. east and west industrial costs are excluded). • Despite the lower city-wide net rate funding requirement in 2020, the transition to raw water based user fees for industrial customers, from the city- wide potable rate calculation, would typically place additional pressure on the potable water user rates to cover the foregone revenue. With this said, the City has been planning for this change in service delivery for a number of years and therefore the City is targeting to maintain the existing flat rate charges in 2020. • The required water and sewer user rate revenue from the potable system in 2020 is forecast to be $38.2 million ($22.0 million and $16.2 million respectively). This is the amount of revenue which must be collected through the sale of potable water and the sewerage surcharge to fully recover the operating, capital, rehabilitation and replacement costs of the systems. I Detailed calculations for east and west industrial rates are provided in the standalone documents: EastSalntJohn Industrial Raw Water Rate Reportand WestSarntJohn Industrial Raw Watergate Report HEMSON P19i.1 • Over the long-term, it is expected the net rate funding requirements for both the City's water and sewer system are to increase at an average rate of 2.3% per annum (with 2020 at 0%), similar to the long-term average increase in operational expenditures. It is projected that the water and sewer net rate funding requirements will increase to $27.1 million and $20.3 million respectively by 2029. • The City is committed to continuing to explore initiatives in an effort to maintain and improve services while reducing costs - such savings have been incorporated into the analysis and estimated to be $100,000 per year and calculated on a cumulative basis starting in 2021. In order for the City to recover the costs associated with providing these services, necessary adjustments to the utility rates are required. The table below provides a summary of the calculated 2020 utility rates required under the existing rate structure. 2019 Current Rates vs. Calculated 2020 Rates All Accounts Water 2019 Sewer 2019 (122% of Water) Water 2020 Sewer 2020 (81 % of Water) Metered: Fixed Charge: $/Month 5/8" $18.03 $22.00 $22.20 $17.97 3/4" $22.07 $26.93 $27.17 $22.00 1" $30.14 $36.77 $37.10 $30.04 1 1/2" $39.63 $48.35 $48.79 $39.50 2" $79.06 $96.45 $97.32 $78.80 3" $164.29 $200.43 $202.24 $163.74 4" $285.71 $348.57 $351.71 $284.76 6" $449.02 $547.80 $552.75 $447.52 8" $645.20 $787.14 $794.25 $643.05 10" and over $873.83 $1,066.07 $1,075.70 $870.92 Consumption Charge: $/m3 Tier 1:0-50m3/month $1.6123 $1.9670 $1.9848 $1.6069 Tier 2: > 50m 3/month $1.0267 $1.2526 $1.2639 $1.0233 Non- Metered: Fixed Charge: Per Month $53.58 $65.42 $65.76 $53.24 Note: The third consumption tier is eliminated and further explained in section V of this report. HEMSON P19Y/ Con In order to test the impact of the new rates on the City's residents and businesses, a sensitivity analysis was undertaken to quantify the range of rate impacts to both the residential and non-residential properties in the City. The results of the sensitivity analysis is illustrated below. Comparison Charges Current vs. Calculated .. r Annum) 2019 Existing 2020 Calculated Change ($) 1. Water $643 $789 + $146 (+22.7%) 2. Sewerage $785 $639 $146 (-18.61 %) r3. Total Water +Sewer $1,428 $1,428 + As rate adjustments are applied uniformly to all customer classes, metered properties serviced by both water and sewer will experience a similar rate change to those flat rate users identified above, regardless of the amount of water consumed. The exception rests with properties serviced only by water — rate changes are more significant as those users would not see the benefit of the decreased sewerage surcharge. Overall, the properties who are serviced only by water will see a rate increase upwards of about 23% in 2020 only. It is anticipated that users who see an increase of that magnitude is limited to less than 2% of all connections and represent about 8.5% of all potable water revenue generated. Furthermore, approximately two-thirds of the water only customers in this category are relatively low volume users with consumption only in Tier 1 and the calculated 2020 rates translate into an increase of about $12 per month over the existing rates. The overall rate impact, per year, is anticipated to be lower than the annual rate adjustments implemented in recent years. The figure below indicates that the cumulative rate increase for customers receiving both water and sewerage services is expected to be around 2.3% per annum post 2020 (with 2020 at 0%), which is less than half of the average annual rate increases experienced over the last 10 years which were ultimately driven by the harbour clean-up and the Safe, Clean Drinking Water Project. Overall, the City has been fiscally responsible in preparing for the completion of the treatment plant as well as the transition in service delivery for raw water and potable water customers. HEMSON P191:1 7 Typical Flat Rate User Rate Projection Historical vs. Projected Increases to 2029 2.3% Average annual $z,000 rate increase $1,800 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 6% Average annual 0% change rate increase �...... � yca by y'1, y1) yb y43 y(o tiA ti0 y0 ,LO ,LS, y1, ,L'3 ,Lb 43 tib tiA ti0 ,10 .yo y0 ,yo .yo y0 ,yo .yo y0 .yo y0 yO ,LO LO ,yo ,LO y0 ,yo ,LO y0 ,LO Note: Red Bars relate to historical period and blue bars relate to forecast. Total Household charge for users receiving both water and sewerage services. Staff have been provided with the utility rate setting full costing model to monitor costs and revenues and assist with future rate updates. As part of its process for updating rates: • It is recommended the City undertake a comprehensive fee review every three to five years to ensure that a nexus between costs and revenues is maintained over time; and • Both residential and non-residential trends should be monitored closely. HEMSON Hel I BACKGROUND AND STUDY OBJECTIVE A. BACKGROUND The City of Saint John is centrally located on the southern New Brunswick coast on the Bay of Fundy. The City is the second largest in New Brunswick with a current population of approximately 68,000 persons and 33,800 households. The City of Saint John provides quality drinking water from the South Bay Wellfield and Loch Lomond/Latimer Lakes. The water is then distributed through approximately 500 kilometres of distribution and transmission water pipes. The City has recently embarked upon the construction of a 75 million litre per day water treatment plant, the renewal and installation of 26 kilometres of water transmission/distribution mains, the renewal of three dams and the development of the new South Bay Wellfield at a cost upwards of $200 million to bring safe, clean drinking water to the citizens of Saint John. The construction of the Loch Lomond drinking water treatment facility was completed in summer 2018 and began servicing the city on August 30th 2018 to reduce the occurrence of boil water orders and service interruptions. In 2008, the City of Saint John undertook a water and sewer rate study to analyze the full cost of providing services, and the results of this study formed the basis for which the City bills its customers today. The City of Saint John has not completed a thorough review of their water and sewer rates since 2008 and there have been changes to the pattern of water consumption in the City. Furthermore, with the new water treatment plant now complete and operational, there will be an adjustment in the way the City's existing large industrial customers are billed for water services — these industrial customers moving forward will be billed for raw water while historically they have been billed potable water rates or special negotiated user rates in which the revenue was used to offset system -wide expenditures. It is in this context that the City of Saint John initiated a water and sewer rate study. B. STUDY OBJECTIVE Hemson was retained by the City of Saint John to undertake a comprehensive Water and Sewer Rate Study with a view of calculating utility rates under the City's existing rate structure and to examine the costs and benefits of universal metering in the City. HEMSON PZ1IM M Universal metering measures the volume of water consumption for every household/business in the specified area through the installation of water meters that use a meter -based billing practice. The universal metering exercise is intended to provide the City with information necessary to inform future decisions of metering all properties in the City. The objective of this report is to review and recommend new water and sewer rates that address the full cost of providing services under the City's existing rate and billing structure. The utility rate analysis and long-term projection of rates under a universal metering scenario was issued as a standalone report under separate cover. The first step in a study of this nature is to establish a population and household forecast, as this is the basis for determining anticipated water consumption and sewer generation levels. The study examines the period from 2020 through 2029, using the 2019 approved budget and 2020 draft budget to inform new utility rates for 2020. Following the demographic analysis, the current water and sewer rates, reserves and annual operating and capital budgets are analyzed. Based on this analysis, the financial position of the City's water and sewer systems is determined. The next step in the study process is to examine the existing rate structure and provide recommendations for change. It should be noted that alternative rate structure and funding scenarios have been tested under a universal metering exercise and those results are identified under separate cover. The final step in the process is to evaluate the impacts of implementing the proposed rate structure and resulting full cost recovery rates to the residents and businesses of the City. In undertaking this analysis, a financial model was developed and serves as a dynamic rate setting tool. Using the model, the City is able to perform sensitivity analyses of water and sewer rates, rate structure and also phase-in options. The model includes future capital expenditure requirements and projects future operating and maintenance costs. It also calculates the water and sewer rates necessary to recover the full costs of the City's water and sewer systems. The utility rate model also ties in the raw water rate setting models for the east and west industrial customers to ensure all operating and capital costs are properly recovered. The following diagram (Figure 1) illustrates the overall approach. HEMSON 10 Figure 1 Utility Rate Setting Model WATER AND WASTEWATER FLOW FORECAST CAPITAL ASSET LIFECYCLE I I I EXPENDITURES I I NON -USER RATE REVENUES OPERATING FORECAST _______ NON -USER RATE REVENUES (Penalties, connection fees etc) rrtUViJiUry V RCJCRVCJ CAPITAL FORECAST CHARGES/ GRANTS / REPAIR & REPLACEMENT FOR FUTURE REPAIR & (Growth and Non -Growth) DEV CONTRIBUTION OF EXISTING ASSETS REPLACEMENT OF EXISTING ASSETS NET FUNDING REQUIREMENT WATER CONSUMPTION/ WASTEWATER GENERATION & USER PROFILE WATER RATES I I WASTEWATER RATES HEMSON pzya II DEMAND ANALYSIS Future costs of the City's water and sewer system will largely be driven by demands placed on the system by water consumers. A forecast of future consumption demands must therefore be developed. A. GROWTH FORECAST The population and household projections used in this study were based on the City's forecast of new connections. The City's current census population of approximately 67,600 persons is expected to remain fairly constant, increasing modestly to 67,900 persons by 2029. Even with the relatively flat population due to declining household sizes, 150 new households over the same period is expected and all new units will be in the City's urban areas serviced by water and sewer. By 2029, the City will have nearly 34,000 households. Figure 2 below illustrates the projected population and growth in households over the planning period. 40,000 717,171717 60,000 50,000 417,171717 30,000 20,000 'w,000 0 Figure 2 Population and Household Forecast I CJ rr) 'I? U) 4D Ir". 00 U) 0 0 0 0 0 0 0 0 0 0 r1 rr-....i{ Cr....J{ tr.V...{1 r....{U) 4r..C..{ IrI"....•{ rX.0 Cr....7 0 CiJ CCJJ tr1 CJ C!JY 4CD ICI"•J CXJ U7 Ce n s G.0 s Po pz .0 l ati o ro I: Me l l i n g;s Source: Hemson Consulting Ltd. based on City of Census information and City data HEMSON Pz191 12 B. METERED CONNECTIONS The first step in the utility rate calculation is to project the number of new connections anticipated to be connected to water and sewer services over the next ten -years (2020- 2029). The estimated growth in the total number of water and sewer connections over the forecast period to 2029, was informed through discussions with City staff and a review of historical growth patterns. In the City of Saint John, most residential water and sewer customers are billed a flat rate water charge (with no volumetric charge), as this group does not have water meters. Most non-residential customers are water meter equipped and billed on a flat rate charge based on meter size, and a volumetric charge based on consumption. Furthermore, sewer generation is billed based on water consumption, however not all water service customers in the City receive sewer services. As a result, there are less billable sewer connections than billable water connections. For these reasons, separate forecasts for billable water and sewer connections have been prepared. This section outlines the assumptions used in the metered connection forecast. 1. Water Service Connections The City's billable water connections have been forecast for both metered users and flat rate users separately. In the City, virtually all metered connections are associated with non-residential and multi -residential customers. As of year-end 2018, there were approximately 3,100 metered connections. Approximately 1,860 customers are equipped with a 5/8" meter, which represents about 60% of total metered connections. New non-residential development is often difficult to predict and therefore for the purposes of this study, no growth in overall metered connections is assumed over the ten-year period (Table 1). HEMSON QzE11 13 Water Meter Size Table Metered Water 2019 Connections 1 Connections 2029 Estimated Connections Growth 2019-2029 5/8" 1,856 1,856 0 3/4" 155 155 0 1" 432 432 0 1 1/2" 284 284 0 2" 272 272 0 3" 57 57 0 4" 26 26 0 6" 13 13 0 8" 3 3 0 10" and over 6 6 0 Total Metered Connections 3,104 3,104 0 Flat rate connections, including customers who do not have a water meter, are billed relative to the number of units on each connection without regard to consumption. Virtually all flat rate connections in the City are associated with residential customers. As of year-end 2018, there was 16,000 billable flat rate connections — of this total, a very small share of customers receive servicing in their neighbourhoods but are not connected to the system. Similar to historical trends, only a marginal amount of growth is anticipated over the next ten years — 175 new billable connections are anticipated over the planning period to 2029 (Table 2). 2. Sewer Service Connections The number of billable sewer connections have been forecast in a similar approach to water. As of year-end 2018, there is approximately 2,990 sewer connections that have their water service metered in the City, with the majority of connections (about 60%) equipped with a 5/8" meter. For comparison, 96% of water metered users are also connected to sewer services. Similar to the water connection forecast, for the purposes of this study, no growth in overall sewer connections is assumed over the ten-year period (Table 3). HEMSON 14 Water Meter Size Table Sewer Connections 2019 Connections 3 2029 Estimated Connections Growth 2019-2029 5/8" 1,800 1,800 0 3/4" 160 160 0 1" 422 422 0 1 1/2" 273 273 0 2" 248 248 0 3" 54 54 0 4" 24 24 0 6" 7 7 0 8" 3 3 0 10" and over 3 3 0 Total 2,994 2,994 0 As of year-end 2018, there were approximately 15,890 flat rate connections in the City, with a small portion of less than 1%, associated to customers who receive servicing in their neighbourhoods but are not connected to the sewer system. Similar to historical trends, only a marginal amount of growth is anticipated over the next ten years — 175 new billable connections are assumed over the planning period to 2029 (Table 4). C. WATER CONSUMPTION FORECASTS The water demand forecast over the planning period of 2020-2029 was developed using actual metered consumption data with consideration of the trends observed in the most recent year-end figures (as of 2017) and ongoing non-residential water conservation measures. The forecasts of consumption have been prepared relative to the three areas receiving water services: city-wide potable water, west and east industrial raw water supply. The sections that follow summarize the total billed consumption assumed under the potable system. Table 5 below describes what types of users are included in each category, although, only the potable water usage component is included in the rate calculations under this report. HEMSON 15 In our most recent water and sewer rate studies, we have found that customer profiles have been changing over time: generally, water consumption patterns have been declining, even with the addition of new residential and non-residential connections — similar to the trend seen in jurisdictions across Canada. For the non-residential sector, the reduced level of water consumption can largely be related to initiatives by industrial/commercial operations — non-residential users continue to adapt their business processes to be more efficient and environmentally friendly. As illustrated in Figure 3 below, notwithstanding the uptick in non-residential (and multi -residential) water consumption in 2016, water consumption in the City has been declining since 2007. In this regard, metered consumption has declined from about 7.0 million m3 in 2007 to about 5.5 million m3 in 2017 while reaching a low in 2014 of 5.2 million m3. For the purposes of this study, consumption has been moderated and maintained at about 5.46 million m3 per annum over the planning period. This forecast recognizes that there will likely continue to be shifts in total billed water year -over -year but overall indicative of future trends. Unlike water consumption, sewer flows are not metered. For the purposes of this analysis, sewer flows were assumed to be equivalent to water flows for the serviced connections. This assumption allows for an equitable distribution of the sewerage system costs to users. HEMSON fPzVA Table 5 Consumption User Type Description 2019 Billed Consum tion Projection Potable Water • Includes all non-residential potable water 5,460,000 m3 System consumption and excludes raw water associated with the west and east industrial categories described below. • Does not include any consumption associated with residential users currently charged a flat rate. No water meters are presently equipped for these users. West Industrial • Consumption associated with raw water 39,625,600 m3 provided to specific industrial customers. • Includes raw water suppled to Irving Pulp and Paper and Coleson Cove. East Industrial • Consumption associated with raw water 11,523,000 m3 provided to specific industrial customers. • Includes raw water suppled to the Flume (Irving Paper) and the Irving Oil Refinery. Total 56,608,600 m3 Consumption In our most recent water and sewer rate studies, we have found that customer profiles have been changing over time: generally, water consumption patterns have been declining, even with the addition of new residential and non-residential connections — similar to the trend seen in jurisdictions across Canada. For the non-residential sector, the reduced level of water consumption can largely be related to initiatives by industrial/commercial operations — non-residential users continue to adapt their business processes to be more efficient and environmentally friendly. As illustrated in Figure 3 below, notwithstanding the uptick in non-residential (and multi -residential) water consumption in 2016, water consumption in the City has been declining since 2007. In this regard, metered consumption has declined from about 7.0 million m3 in 2007 to about 5.5 million m3 in 2017 while reaching a low in 2014 of 5.2 million m3. For the purposes of this study, consumption has been moderated and maintained at about 5.46 million m3 per annum over the planning period. This forecast recognizes that there will likely continue to be shifts in total billed water year -over -year but overall indicative of future trends. Unlike water consumption, sewer flows are not metered. For the purposes of this analysis, sewer flows were assumed to be equivalent to water flows for the serviced connections. This assumption allows for an equitable distribution of the sewerage system costs to users. HEMSON fPzVA 16 Figure 3 below illustrates the forecast of metered' water throughout the planning period to 2029. In 2020, the City is anticipated to bill approximately 5.46 million m3 of water. It is important to note that these figures only recognizes consumption associated with potable water customers — those industries which are moving to industrial raw water based systems are considered separately. 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 3 U 2,000,000 1,000,000 Figure 3: Projected Water Consumption City of Saint John (Potable Customers Only) O O O a—I a—I a—I a—I a—I a—I a—I a—I a—I O O O O O O O O O O O O N N N N N N N N N N N N Year i cn a q N N N N N N N N N N N N N N N N N N N Note: Projected billed consumption is related only to the City of SaintJohn Potable Water Systems and excludes the consumption from those customers who will receive raw water on both the east and west industrial system (see Table 5). Details regarding the connections and forecast of consumption for the water and sewerage systems are set out in the detailed rate calculations illustrated in Appendix A. It is also important to note that of the total consumption, much of the billed water is only in Tier I and 2; no water consumption has been billed to Tier 3 since 2008 (Figure 4). For administrative purposes, it may be advisable to consider removing the third consumption tier from the rate structure. 2 For the purpose ofsettmg a utility, rate, only, the water that is gilled to the end-user is incorporated into the analysis and used to calculate new utility, rates. This is referred to as hillahle (or metered) water. HEMSON Pz1:1 17 Figure 4 Saint John Water Consumption by Tier, 2007-2017 10,000,000 9,000,000 8,000,000 7,000,000 E 6,000,000 5,000,000 v 3 4,000,000 U 3,000,000 2,000,000 1,000,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 ® Tier 1 ® Tier 2 IIIIIIIIIIITier 3 D. WATER CONSUMPTION ADJUSTMENTS With the new treatment plant now online, separation of the potable and industrial water supply is now possible, thereby requiring an adjustment in the way the City delivers services to both residential and non-residential customers. These changes necessitate a review of the water rates for non-residential users, most notably large industrial users using non -potable (or raw water) which will also have an impact on potable user rates. These customers moving forward will be billed for the full cost of providing raw water while historically these customers have paid potable water rates or special negotiated user rates in which the revenue was used to offset system -wide expenditures. Table 6 below summarizes projected 2020 consumption and existing billing structure for each customer relative to the new billing structure in 2020. It should be noted that all east and west industrial customers will transition to raw water based rates in 2020. For the purposes of this report, 2020 is considered to be the first full year of raw water billing for all industrial customers. HEMSON Table 6 Non -Residential Customer Transition - Potable Non-residential Potable Water Projected 2020 Consumption & New Structure: 2020 Billing Users 2019 Billing Structure (1) 1. Irving Oil Ltd. 4,250,000 m3 New East Industrial Raw Water Potable Water Rates Rate 2. Irving Oil Ltd. 4,1 50,000 m3 New East Industrial Raw Water Special Agreement Rates Rate 3. Irving Pulp and Paper 39,000,000 m3 New West Industrial Raw Water Potable Water and Special Rate Agreement Rates 4. Coleson Cove 625,600 m3 New West Industrial Raw Water Potable Water Rates Rate 5. Irving Paper (at the Flume) 3,123,000 m3 New East Industrial Raw Water Special Agreement Rates Rate Note 1: 2020 consumption projection is based on historical activity Overall, the changes associated with the customers transitioning to raw water based fees, and removed from the city-wide potable rate calculation, are expected to result in revenue loss of about $6.1 million on the potable system (Table 7). Despite the loss in revenue, approximately $4.3 million in costs are being allocated to the industrial systems for recovery and therefore removed from the potable rate calculation. After considering the costs allocated to the industrial system from potable, the net shortfall to be recovered from existing potable users is about $1.8 million. It is important to note, additional capital costs, asset management and rate stabilization reserve transfers are accounted for in the raw water rate calculation, above the $4.3 million costs associated to industrial users.3 This ensures that the full cost of providing services to the raw water customers is reflected in the raw water rate calculations. It is important to note that none of these customers are receiving sewer services from the City and therefore this change in service has no effect on the sewer surcharge calculations. 3 Detailed calculations for east and west industrial rates are provided in the standalone documents: EastSalntJohn Industrial Raw Water RateReportand WestSarntJohn Industrial Raw Water Rate Report HEMSON RUN 19 Assessment of Foregone Revenue Water Customer Table 7 for Customers Transitioning to Raw Based Billing Total Estimated Revenue in 2019 if maintained under current budget structure* East Industrial Irvin Oil $3,058,900 Irving Paper (Flume) $68,200 Sub -total East $3,127,100 West Industrial Irving Pulp & Paper $2,329,200 NB Power (Coleson Cove) $642,700 Sub -total West $2,971,900 Grand Total $6,099,000 Note*: Irving Oil current payment based on actuals to October 2019 and estimated to end of 2019. Irving Paper (Flume) is estimated based on projected consumption only based on the existing rate structure. Irving Pulp & Paper current payment based on actuals to October 2019 and estimated to end of 2019. NB Power (Coleson Cove) is estimated based on projected consumption only based on the existing rate structure. HEMSON 251 W1 III OPERATION AND MAINTENANCE COSTS The total revenue the City needs to collect through user rates is calculated by netting off the non -user rate revenues from total expenditures. A. OPERATING EXPENDITURES The City of Saint John utility systems are operated in accordance to provincial legislation that strives to assure safety, quality and reliability. The City of Saint John operation and maintenance costs are comprised of four distinct components for the purposes of this report: 1. General Operations: treatment, pumping, storage, metering, distribution, etc.; 2. Fiscal Charges (Debt servicing costs incurred); 3. Industrial Water; and 4. Corporate Administration: municipal engineering, internal charges and post employment benefits. As a result of the transition of the City's existing large industrial customers to a raw water based billing structure, a share of the City's costs have also been allocated for recovery by these customers. These costs have historically been captured under the potable water budgets. The costs of providing east and west raw water services and the revenues generated for each are now recorded independently from the potable system. Table 8 below provides a summary of the 2019 operating costs which can reasonably be allocated to the delivery of raw water to these customers. For the purposes of this study, all costs shown reflect the potable budget adjusted figures, which relate to the costs of providing water services to the potable customers only. The in -year rate funded capital requirements (from operating) and transfers to reserves are identified separately and can be found in Section IV of this report. HEMSON PM 21 Note: Industrial raw water costs are allocated to east and west industrial systems. After adjustments, total operating expenditures for the potable water system in 2019 is $23.1 million and anticipated to increase to $23.4 million by 2029. As the operational costs of the new treatment plant represent a significant share of total costs ($7.0 million or 30%), the cost projections outlined in this study should be monitored and compared to actuals regularly to ensure the City is generating sufficient revenues to cover expenses as the plant is a relatively new initiative. The total operating expenditures for the sewer system in 2019 is $16.2 million and is expected to increase to $18.2 million by 2029. Overall, no fundamental changes in HEMSON NX Table 8 2019 ApprovedBudget p, III Rational and Description Base Budget Budget Budget Raw Water Potable 2019 2019 2019 1. General $17,149.8 $0.0 $17,149.8 • All costs are related to the general Operations: delivery of potable water services 2. Industrial $2,583.8 $2,583.8 $0 • Operating costs of $2,583.8 associated Water with the supply of raw water to west and east Industrial customers for recovery under the new industrial full cost rates. • These costs have historically been recovered from a combination of potable water and negotiated rates. 3. Corporate $1,523.3 $0.0 $1,523.3 . All costs are related to the general Administration delivery of potable water services. • Corporate Administration costs are already allocated within the industrial water category 4. Fiscal $6,159.3 $1,697.6 $4,461.7 • Debt servicing costs of about $1,697.6 Charges (Debt) associated with the west and east Industrial systems have been allocated to those specific users and removed from the city-wide potable rate calculations. • These costs have historically been recovered from a combination of potable water and negotiated rates. Total Operating $27,416.2 $4,281.4 $23,134.8 Costs Costs Transferred from base uniform Potable System $4,281.4 budget to Industrial System Recovery (1 + 2 + 3 + 4): Note: Industrial raw water costs are allocated to east and west industrial systems. After adjustments, total operating expenditures for the potable water system in 2019 is $23.1 million and anticipated to increase to $23.4 million by 2029. As the operational costs of the new treatment plant represent a significant share of total costs ($7.0 million or 30%), the cost projections outlined in this study should be monitored and compared to actuals regularly to ensure the City is generating sufficient revenues to cover expenses as the plant is a relatively new initiative. The total operating expenditures for the sewer system in 2019 is $16.2 million and is expected to increase to $18.2 million by 2029. Overall, no fundamental changes in HEMSON NX 22 the delivery of sewer services are expected, and therefore, the cost increases are largely driven by inflationary adjustments. Table 9 below summarizes the total operating expenditures for water and sewer services. Table 9 Projected Operating Expenditures Potable System ($000) Potable Budget Projected Costs 2019 0) 2020 «> 2029 Water Total $23,134.8 $21,586.1 $ 23,368.9 General Operations (3) $17,149.8 $15,639.8 $18,375.5 Fiscal Services (Debt) $4,461.7 $4,384.0 $3,098.4 Industrial Water $0.0 $0.0 $0.0 Corpora te A dm in is tra tion $1,523.3 $1,562.3 $1,895.0 Sewer Total $ 16,168.9 $16,333.6 $18,186.1 General Operations $11,053.0 $11,285.5 $14,271.7 Fiscal Services (Debt) $3,592.6 $3,512.8 $2,019.4 Corporate Administration $1,523.3 $1,562.3 $1,895.0 Note 1: Based on 2019 approved budget (some costs have been moved to industrial rate recovery) Note 2: Based on draft 2020 budget. Note 3: Includes Safe Clean Drinking Water Project costs 1. General Operating Expenditures Using the City's 2019 approved operating budget and draft 2020 budget, most expenditures were increased annually at a rate of 2 percent to account for inflation. General water operating expenditures amounted to $17.1 million in 2019 and projected to increase to $18.4 million by 2029. As the Safe Clean Drinking Water Project is completed and operational, it is expected that the City will experience some additional cost savings related to temporary personnel who will no longer be required now that the plant is functioning. Therefore, the City's general operating expenditures are cumulatively reduced by about $294,000 by 2022. The personnel savings are assumed to phase-in over a two year period with about $144,000 removed in 2021 and a further $150,000 in 2022. Furthermore, the City is committed to continuing to explore initiatives in an effort to maintain and improve services while reducing costs — such savings have been incorporated into the analysis and estimated to be $100,000 per year and calculated on a cumulative basis starting in 2021. The City continues to achieve operational efficiencies on an ongoing basis and therefore 2020 total operational costs are anticipated to be lower than 2019. HEMSON Me"I 23 General sewer operating expenditures amount to $11.1 million in 2019 and are projected to increase to $14.3 million by 2029. 2. Debt - Principal and Interest Payments The City is expected to have outstanding debt of approximately $88.3 million related to both the water and sewer systems by the end of 2020. The annual principal and interest payments associated with this debt are funded through the utility rates. The City is not planning to issue any further debt for capital related infrastructure investments over the next ten years, and as a result, total debt payments are anticipated to decline over the long-term. As debt is retired over the planning period, the City plans to increase the amount of funds contributed to reserves for future asset replacement. The annual debt payments (principal and interest) included in the calculations for the potable system and sewerage system are shown in Figure 5 below: Figure 5: Projection of Debt Costs (Principal + Interest): Potable Water System Only and Sewer $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Budget ® Potable Water ®Sewer Note: Principal and Interest payments associated with the Safe Clean Drinking Water Project are included 3. Industrial Water Operating costs of $2.6 million, associated with the supply of raw water to west and east industrial customers, are identified in the 2019 approved budget. These costs have been reallocated to both the east and west industrial system, from the city-wide potable water system, for recovery under the new full cost rates. These costs have typically been funded by a combination of negotiated and potable water rates. 4. Corporate Administration The Saint John Water approved 2019 budget also includes about $3.0 million of corporate administration costs which are identified independently from regular distribution, treatment, metering or debt related expenses. These costs relate to internal charges, infrastructure management and municipal engineering, as well as HEMSON KM W additional post employment benefits and is allocated evenly (at $1.5 million each) between the water and sewerage system. B. NON -USER RATE REVENUES Non -user rate revenues are budget items which decrease the net operating budget and are not recovered through the City of Saint John's water or sewer user rates. Table 10 provides a summary of the forecast of non -rate revenues. Operating expenditures and non -user rate revenues for the water and sewer systems are set out in the detailed rate calculations illustrated in Appendix A. The City is forecast to recover approximately $5.3 million in 2019 through non -user rate revenues for both the water and sewer system. Previous year's surplus funds are being phased out and removed starting in 2023 — for reference purposes about $981,000 in previous years' surpluses was used to offset the rate funding requirement in 2019 and is budgeted to be about $486,200 in 2020. Vacant building revenue has also been accounted for and amounts to $85,000 per year to 2029. The Fire Protection and Stormwater Levies are treated as non -rate revenues. Fire protection is a service provided through the City's water distribution system and is therefore accounted in the net rate funding need for city-wide potable water services. Stormwater management services are associated with the City's sewer system and are accounted in the net rate funding requirement for sewer. Both levies are calculated based on shares of operating expenditures associated to each service, consistent with the City's yearly budgeting methodology. In 2019, the Fire Protection Levy amounts to $2.6 million and the Stormwater Levy amounts to $940,000. HEMSON PIRV 25 this revenue has been reallocated to as non -rate revenue moving forward. HEMSON P��A we IV INFRASTRUCTURE AND CAPITAL. A. WATER AND SEWER INFRASTRUCTURE The information contained in the analysis was gathered from the City's State of Local Infrastructure Report prepared in 2017, which is rooted in the City's existing tangible capital asset database. The information is used not only to describe, but also define the quantity, condition and replacement value of the existing infrastructure. The inventory was grouped into nine main asset categories, six of which relate to water servicing and the remaining to sewer servicing. It should be noted that as the City's asset management database is further developed, the updated information will better inform future analyses. The City's entire water and sewer system has a replacement value of about $1.13 billion. Of this value, about 82 per cent, or $929 million, is related to the City's linear asset network (water distribution and sewer collection). Figure 6 below provides the breakdown, by category, of the replacement value of the infrastructure. Figure 6: Water and Wastewater Assets by Replacement Value Industrial Water, Wastewater $13.24,1% Facilities, $139.53, Drinking Water 13% Access Roads, Wastewater Linear Wastewater Fleet, $0.87, <1 % Collection, $1.49, <1 % Drinking Water $383.66,34% Machinery& Wastewater Equipment, $0.59, /�u����m�m�� Machinery & �., ii �,,, <1% � Equipment, $0.27, Drinking Water Fleet, $1.49, <1 % Wastewater ' / Access Roads, /° Drinking Water $ Facilities, $45.03, 4% Source: City of Saint John 2016 State of the Infrastructure Report Note: Water Asset Categories in Blue. Sewer Asset Categories in Green HEMSON P�I:1 27 The City's water and sewer infrastructure assets are overall considered to be in fair condition with about 33 per cent ($362.15 million) in fair condition, 31 per cent in very good condition ($350.83 million) and 10 per cent ($113.17 million) in good condition. About a quarter of the infrastructure is in poor or very poor condition, indicating that the City will likely be required to continue to invest in the repair and replacements of these assets as they continue to age and deteriorate. Figure 7 below illustrates the condition of the water and sewer system assets. Source: City of Saint John 2016 State of the Infrastructure Report B. CAPITAL AND CONTRIBUTIONS TO RESERVE The approved 2019 capital budget, Tangible Capital Asset (TCA) information and discussions with City staff were used as the basis for preparing the ten-year capital forecast. In addition to the in -year capital requirements, Hemson has included annual provisions to reserves, which would allow the City to prepare for the future repair and replacement of existing infrastructure. 1. Projected Capital Expenditures Over the next ten-year period (2020-2029), infrastructure investments will be required to support new growth in the City and maintain the existing infrastructure network. In 2014, the City started to fund capital renewal out of the operating budget as a move to increase fiscal responsibility and reduce overall debt costs. The City has been making additional annual investments to the Safe Clean Drinking Water capital HEMSON K&I asset reserve in recent years. In an effort to reduce the overall debt service pressure and drive positive returns in the long-term for all rate payers, the future in -year funded capital from operating is expected to be much lower than recent years. The table below illustrates the in -year funded capital (from operating) for Saint John Water, which includes both water and sewerage services over the last three budget years relative to the approved 2019 budget. Strategically, the reduction in capital from operating funding has been used to offset the new expenses associated with the Safe, Clean Drinking Water Project in 2019 — this transition has mitigated further impacts on rate payers. Moving forward, it is anticipated that the City will continue to undertake regular capital repair and replacement activities to maintain infrastructure in a state of good repair at similar funding levels to the 2019 approved capital budget, but adjusted for inflation. The annual capital costs are still expected to be funded from operating. As illustrated in Table 12, the total capital expenditures which the City will be responsible for funding is estimated at $58.8 million over the ten-year period. Overall, about 62%, or $36.5 million, of the infrastructure is required to support water services while the remaining $22.2 million is to support the sewer capital projects. It should be noted that the City does not anticipate any additional debt financing measures to fund the in -year capital expenditure requirements, therefore no additional principal and interest payments beyond the existing debt are included in the analysis. It is important to note that the figures noted below do not include any potential cost sharing or grant funding from upper levels of government, and therefore, any funds received will be applied towards further reducing the existing infrastructure deficit. HEMSON K091 Summary of Net Rate Funded Water and Sewer Capital Program 000 2016 2017 2018 2019 Approved Approved Approved Approved Budget Budget Budget Budget Capital from Operating $11,279.0 $12,725.0 $10,775.0 $4,700.0 Difference ($ and %) - $1,446 or ($1,950.0) or ($6,075.0) or +13% —15% 1 -56% As illustrated in Table 12, the total capital expenditures which the City will be responsible for funding is estimated at $58.8 million over the ten-year period. Overall, about 62%, or $36.5 million, of the infrastructure is required to support water services while the remaining $22.2 million is to support the sewer capital projects. It should be noted that the City does not anticipate any additional debt financing measures to fund the in -year capital expenditure requirements, therefore no additional principal and interest payments beyond the existing debt are included in the analysis. It is important to note that the figures noted below do not include any potential cost sharing or grant funding from upper levels of government, and therefore, any funds received will be applied towards further reducing the existing infrastructure deficit. HEMSON K091 W Note: The allocation of capital expenses is based on the 2019 capital plan with costs allocated 60% water and 40% sewer over the longer term period to 2029. 2. Asset Repair and Replacement Provision In addition to annual operating and maintenance costs, and in -year capital as discussed above, water and sewer infrastructure will require periodic rehabilitation and eventual replacement. Capital expenditures to carry out the rehabilitation and replacement of the aging infrastructure are not growth related and therefore would not receive funding through developer contributions. When assets require rehabilitation or are due for replacement, the source of funds are essentially limited to reserves or contributions from operating. In maintaining a user -pay approach, it is important for the City to build sufficient reserves for the scheduled replacement of infrastructure through contributions from operating. Based on the City's Asset Management Plan and State of the Local Infrastructure Report, the average annual funding requirement to maintain the City's existing infrastructure is estimated at $17.8 million for water and $12.8 million for sewer services. A full cost approach is employed to calculate the annual reserve fund contributions and is recognized as a fair approach to charging customers for the use of these assets. To mitigate an impractical increase of the user rates, contributions to the City's asset management reserve and infrastructure renewal related investments are phased in gradually over the analysis. By the end of the planning period, 2029, the City will be making more significant annual renewal investments and reserve contributions thereby providing a funding source for future infrastructure repair and replacement. The table below provides a snapshot of the total annual asset investment relative to the average annual sustainable funding requirement identified, by service, in 2029. The 2029 asset investment includes the in -year rate funded share of capital identified in Table 12 plus an additional allocation for future asset repair and replacement — the City will be at 29% of total sustainable investment requirement by the end of the period. HEMSON K.q 30 Comparison Table 13 000 Service 2029 Asset Investment 2029 Sustainable Funding Need* % of Required Contribution Water $6,994.7 $21,755.5 32% Sewer $3,735.8 $15,643.7 24% Total $10,730.5 $37,399.3 29% Note l�• The sustainahle annual funding requirements has been adjusted to account for infiation. The figure shown represents the sustainahle investment in 2029 dollars. HEMSON NOM 31 V RATE STRUCTURES Various water and sewer rate structures are in place across Canadian municipalities. The varying rate structures include flat rates, constant rates, humpback block rates, declining and inclining block rates. Rate structures may also include fixed or minimum charges. The implementation of a particular rate structure depends on administrative and financial factors. Furthermore, it is also important to recognize that the rate structure is also dependent on whether the end-users are equipped with a water meter. A. BACKGROUND The City of Saint John provides potable water to about 14,000 residential accounts and about 3,100 ICI accounts though a distribution system of over 500 kilometres of linear water piping. Currently, residential customers in Saint John are charged for water and sewerage services on a flat rate basis relative to the number of units serviced. Under this rate structure, the total bill remains constant regardless of the amount of water consumed in each unit. Non-residential and multi -unit residential customers are metered and water is charged on a per cubic meter basis. A fixed charge relative to the size of the water meter is also levied in addition to the consumption based charge. The City currently employs a three tier declining block structure for water services — under this structure the unit price of water decreases relative to use. Sewerage services is levied on a surcharge basis, equal to currently 122% of the water bill. Flat -rate water bills are sent on a semi-annual basis while non-residential customers have the water meters read every two months with subsequent bills issued accordingly. Tables 14 and 15 below provide a summary of the existing 2019 water rates in Saint John for customers who are charged on a flat rate basis (Table 14) and customers charged both a fixed and consumption based fee (Table 15A and B). Table 14 2019 Flat Rate Fees in Saint John Service Annual Rate Water $643 Sewer (at 122% of water) $785 Total $1,428 HEMSON Q-91 32 2019 Rates for Metered Table 15A Users in Saint John — Monthly Fees Meter Size Water Sewer (122%0 of Water) 5/8" $18.03 $22.00 3/4" $22.07 $26.93 1 " $30.14 $36.77 1 1/2" $39.63 $48.35 2" $79.06 $96.45 3" $164.29 $200.43 4" $285.71 $348.57 6" $449.02 $ 547.80 8" $645.20 $787.14 10" and Over $873.83 $1,066.07 Existing Monthly Rates for Metered Table 15B Users in Saint John Consumption Charges Consumption Blocks Water Consumption Charge ($/m3) Sewer Consumption Charge ($/m3) * Tier 1 : For the First 50 $1.6123 $1.9670 Tier 2: For the Next 124,950 $1.0267 $1.2526 Tier 3: Remaining Consumption $0.3623 $0.4420 *Sewer consumption charge based on metered water use. Rate also represents 122% of the water charge B. MOVING FORWARD In consultation with City staff, the current rate structure has generally been maintained, however, some modifications are recommended to better align with the City's ongoing consumption trends, consumer usage patterns and overall financial goals. The following rate structure observations and recommended changes are identified below: 1. Maintain Declining Block Rate Structure: A declining block rate structure is a tiered approach in which the unit price of water decreases relative to water use - this structure is common in jurisdictions where there is a significant non-residential customer base and the structure acts as an economic development incentive to industries. Furthermore, the rate structure is designed so that only those high volume users benefit from a declining rate. Residential consumption, if metered, would fall into the higher priced water tier to continue to encourage water conservation. HEMSON 33 2. Reduce the Number of Consumption Tiers As consumption in the City has changed over the last decade, the existing consumption tiers do not accurately reflect potable non-residential water consumption patterns. In addition, as the City transitions some existing large industrial water customers to a raw water based billing structure, these customers will be billed separately which will not make use of the existing three tier structure. Furthermore, only in 2007 and 2008 did some potable water consumers benefit from the third tier. It is proposed that the three tier declining block structure be amended to a two tier system with the Tier 1 consumption threshold maintained (Table 16). Therefore, this change is purely administrative, and existing non-residential customers will not see any change on the total bill as a result. The revised consumption block structure would still ensure that consumption falls predominantly into Tier 2 which provides water at the discounted rate. Table 16 Existing Water Rate Structure vs. Proposed Existing Consumption Tier Proposed Consumption Tier Tier 1 (0-50 m3) Tier 1: 0 — 50m3 Tier 2 (50-125,000 m3) Tier 2: > 50m3 Tier 3 (>125,000 m3) 3. Maintain Fixed Charges by Meter Size The City's current fixed charge is differentiated by the size of the water meter and generally follows municipal best practices — the fixed charge is greater for those customers with a larger meter size (or service size) to reflect either the flow arising from the size of the meter or the investment required to install the meter. As the equivalent factors for the City are already differentiated by meter size and are somewhat reflective of sample investment equivalent ratios by the AWWA/CWWA and change is not warranted. It should be noted that any adjustments to these factors would result in a shift in the total bills paid by those in the non-residential sector. 4. Explore Universal Metering for Residential Properties With advancements in water metering technology, many municipalities have transitioned to using a form of billing that relies on measuring end-user consumption in order to determine the quantum paid. According to the Canadian Municipal Water Priorities Report, 2014, approximately three-quarters of Canada are on metered systems. From 1991 to 2009, there has been an increase of 20 per -cent in the use of water metering by municipalities in Canada according to the last national survey. HEMSON PORI 34 Based on a survey of municipalities in Canada with populations ranging from 51,000 to 100,000 people, about 84 per cent, or 41 of the 49 communities surveyed have residential metering. The figure below focuses on the rate structures employed for residential customers as most communities surveyed have a metering system in place for the non-residential sector. Figure 8 below provides a summary of the benchmark findings. A detailed table comparing the rate structures applied in each community can be found in Appendix B. Figure 8: Residential Rate Structure Comparison 30 25 a� 20 Z 15 O c 10 O O U 5 0 Constant Rate Fixed Rate Only Increasing Block Declining Block Humpback Rates Rate Rate The benchmark analysis identifies a few important points: • Over half, or 28 municipalities, employ a constant rate per cubic meter for the consumption based charge. Under this structure, the user is charged a constant rate per unit of water consumed or sewer generated. This rate structure is largely understood by the public and generally easy to administer. • Eight municipalities, including Saint John, employ a fixed rate only fee for residential users. • The remaining municipalities employ other consumption based rate structures, namely a declining or increasing block structure. Although both structures are common, they are utilized to meet the specific dynamics of a community — increasing block structure will increase water rates relative to use while the declining block structure decreases water rates relative to use. The declining block structure is most common in jurisdictions where there is a significant non- residential customer base. Furthermore, the rate structure is designed so that only HEMSON 35 those high volume users benefit from a declining rate and residential consumption still falls into the higher priced water tier to continue to encourage conservation efforts. • There are a handful of municipalities which employ a humpback rate structure which acts as a hybrid structure between an inclining and declining block structure basis. • The fixed charge, when levied in conjunction with a consumption based billing structure, is almost always differentiated by the size of the water meter. The factors to which the fixed charges are differentiated by meter size vary by community. Overall, the fixed charge is greater for those customers with a larger meter size (or service size) to reflect either the flow arising from the size of the meter or the investment required to install the water meter. A separate report identifying the costs and benefits of universal metering in Saint John has been prepared under separate cover with the key goal to provide the City with information necessary to inform future decisions of metering all properties in the City. HEMSON KIM 36 VI CALCULATED RATES In calculating the water and sewerage rates, a number of assumptions were applied. The water and sewerage rates are calculated to fully recover the cost of operating the system and identified in -year capital needs (inclusive of debt servicing requirements). Furthermore, the rates provide for contributions to asset replacement reserves. An immediate implementation of a rate that fully funded the calculated asset replacement contributions as identified in the City's State of Local Infrastructure Report would result in significant impacts to all users in the City. The analysis is based on providing for a gradual movement towards full rates. These contributions, when combined with the City's ongoing capital works, will demonstrate a significant movement to long- term full cost recovery rates. Table 17 below provides a summary of the 2020 rate funding requirement for each of the water and sewer systems. The net rate funding need represents the amount of money that must be funded through the utility rates by City of Saint John potable customers only (excluding east and west industrial customers). Detailed calculations of the water and sewerage rates are outlined in Appendix A. Note: Non -metered rate revenue includes tunds received tor: Stormwater levy, tire protection levy, previous year's surplus and other minor sources. As mentioned, 2019 represents a shift in service delivery with the new Loch Lomond treatment plant becoming operational in August 2018. As a result, the share of costs associated with providing raw water to east and west industrial systems are attributed to those systems. Furthermore, the 2020 draft budget of expenditures differ from 2019 in a few respects which are illustrated in Figure 9 and summarized below: HEMSON M1.1:3 Table 17 Calculation of the 2020 Net Rate Funding Requirement Ref # Categories Water Sewer 1 Operating Expenditures (including repayment of debt) $21,586,107 $16,333,667 2 In -year rate funded capital $3,723,800 $1,546,550 3 Transfer toAfrom) Reserve $0 $0 4 Less: Non -metered Rate Revenue $3,270,676 $1,687,150 Total Net Rate Funding Need = (1+2+3-4) $22,039,231 $16,193,066 Note: Non -metered rate revenue includes tunds received tor: Stormwater levy, tire protection levy, previous year's surplus and other minor sources. As mentioned, 2019 represents a shift in service delivery with the new Loch Lomond treatment plant becoming operational in August 2018. As a result, the share of costs associated with providing raw water to east and west industrial systems are attributed to those systems. Furthermore, the 2020 draft budget of expenditures differ from 2019 in a few respects which are illustrated in Figure 9 and summarized below: HEMSON M1.1:3 37 • Industrial water operational costs of $2.6 million, associated with the supply of raw water to west and east industrial customers, are identified in the 2019 approved budget. These costs have been reallocated to both the east and west industrial system, from the city-wide potable water system, for recovery under the new full cost rates moving forward. These costs have typically been funded by negotiated user rates with the specific industries and potable water rates. • A portion of the city-wide debt costs related to the water system from which they benefit from, are reallocated for recovery from those industrial users receiving raw water service. These costs are transferred to the east and west industrial systems for recovery. • Despite the lower city-wide net rate funding requirement in 2020, the transition to raw water based user fees for industrial customers, from the city- wide potable rate calculation, would typically place additional pressure on the potable water user rates to cover the foregone revenue. With this said, the City has been planning for this change in service delivery for a number of years and therefore the City is targeting to maintain the existing flat rate charges in 2020. Figure9: Potable System Cost Comparison 2019 vs. 2020 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $- IFBFiO $(10,000,000) General Debt (Fiscal Capital Transfers Non -Rate Industrial Total Net Operating Services) (Rate to/(from) Revenues Water Funding Funded) Reserve Need ® 2019 Budget ® 2020 Note: 2019 approved budget includes the total city-wide potable and east and west industrial budgets. 2020 based on draft budget and reflects the adjusted potable budget only (i.e. east and west industrial costs are excluded). 1. Calculated 2020 Water Rates Based on the information provided above, the required potable water user rate revenue in 2020 is forecast to be $22.0 million. This is the amount of revenue which must be HEMSON collected through the sale of water to fully recover the operating, capital, rehabilitation and replacement costs of the systems. It is important to note as those industrial accounts begin transitioning to the industrial raw water system, this puts greater emphasis on the remaining users to fund the annual potable system costs. As a result, a more substantial increase in the water rates are required to fund the system. With that said, there is an offsetting decrease in the sewerage calculations as a result of the increased water rates — the sewerage rates are provided in the section below. The calculated rates for 2020, compared to 2019, are outlined in Table 18 below. Table 18 Calculated 2020 Water Utility Rates All Accounts 2019 Current 2020 Calculated Difference (%) Metered: Fixed Charge: $/Month 5/8" $18.03 $22.20 23.10% 3/4" $22.07 $27.17 23.10% 1" $30.14 $37.10 23.10% 1 1/2" $39.63 $48.79 23.10% 2" $79.06 $97.32 23.10% 3" $164.29 $202.24 23.10% 4" $285.71 $351.71 23.10% 6" $449.02 $552.75 23.10% 8" $645.20 $794.25 23.10% 10" and over $873.83 $1,075.70 23.10% Consumption Charge: $/m3 Tier 1:0-50m3/month $1.6123 $1.9848 23.10% Tier 2: > 50m3/month $1.0267 $1.2639 23.10% Non- Metered: Fixed Charge: Per Month $53.58 $65.76 22.72% 2. Calculated 2020 Sewerage Rates Based on the information provided above, the required sewerage user rate revenue in 2020 is forecast to be $16.2 million. This is the amount of revenue which must be collected through the treatment of sewerage to fully recover the operating, capital, rehabilitation and replacement costs of the system. The basis for the sewer rate is calculated as a surcharge on the water bill — the sewer surcharge rate is calculated as a percentage of the water charge that will be needed to HEMSON Px091 39 cover the costs of operating and maintaining the sewer infrastructure. As shown in Table 19, the calculated rate for 2020 is outlined to be 81% of the water bill - the detailed calculations of the sewerage rates are outlined in Appendix A. It is noted that the surcharge actually represents a decrease in sewerage charges over the existing rates, this occurs because: • Due to the shift in water operations, the total potable water bill is increasing at a higher rate, in large part due to the Safe Clean Drinking Water Project, which in turn reduces the surcharge applied; and • The water rate increase is also driven by the transition of industrial customers to raw water based charges. The sewerage system is not affected by the change. Table 19 Calculated 2020 Sewer Utility Rates All Accounts 2019 Current 2020 Calculated Difference (%) Fixed Charge: $/Month 5/8" $22.00 $17.97 - 18.3% 3/4" $26.93 $22.00 - 18.3% 1" $36.77 $30.04 - 18.3% 1 1/2" $48.35 $39.50 - 18.3% 2" $96.45 $78.80 - 18.3% 3" $200.43 $163.74 - 18.3% 4" $348.57 $284.76 - 18.3% 6" $547.80 $447.52 - 18.3% 8" $787.14 $643.05 - 18.3% 10" and over $1,066.07 $870.92 - 18.3% Consumption Charge: $/m3 Tier 1: 0 - 50m3/month $1.9670 $1.6069 - 18.3% Tier 2: > 50m3/month $1.2526 $1.0233 - 18.3% Non- Metered: Fixed Charge: Per Month $65.42 $53.24 - 18.6% 3. Cumulative Impact per Typical User In order to test the impact of the new rates on the City's residents and businesses, a sensitivity analysis was undertaken to quantify the range of rate impacts to both the residential and non-residential properties in the City. Table 20 below illustrates the impact of the calculated water and sewerage rates on a typical residential connection per annum. HEMSON 271 M As the rate adjustments are applied uniformly to all customer classes, non-residential metered properties will experience a similar rate change to those flat rate users. The exception rests with water only properties — rate changes are more significant as those users would not see the benefit of the decreased sewerage surcharge. There will be properties who are serviced only by water which will see a rate increase upwards of about 23% in 2020 only. It is anticipated, that users who see an increase of that magnitude is limited to less than 2% of all connections and represent about 8.5% of all potable water revenue generated. Furthermore, approximately two-thirds of the water only customers in this category are relatively low volume users with consumption only in tier 1 and the calculated 2020 rates translate into an increase of about $12 per month over the existing rates. A. LONG-TERM RATE OUTLOOK Over the long-term, it is expected the net rate funding requirements for both the City's water and sewer system are to increase at an average rate of 2.3% per annum post 2020, similar to the average increase in operational expenditures. It is projected that the water and sewer net rate funding requirements will increase to $27.1 million and $20.3 million respectively by 2029. Figure 10 below provides a snapshot of the annual year - over -year change in costs. HEMSON WS $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 41 Figure 10: Net Rate Funding Requirement Ten-year Projection 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Budget ® Water ® Sewer In order for the City to recover costs associated with providing these services, necessary adjustments to the City's utility rates are required. The overall rate impact, per year, is anticipated to be lower than the annual rate adjustments employed in recent years. Figure 11 below indicates the projected cumulative rate increase for customers receiving both water and sewerage services is expected to be around 2.3% per annum, which is less than half of the average annual rate increases experienced over the last 10 years which were ultimately driven by the harbour clean-up and the Safe, Clean Drinking Water Project. Overall, the City has been fiscally responsible in preparing for the completion of the treatment plant. HEMSON 273 42 Figurell: Typical Flat Rate User Rate Projection Historical vs. Projected Increases to 2029 2.3% Average $z,000 annual rate increase yo yy ,yo yo ,y'1, y3 yyh y(o yAy1b y°' yo yhy y1, y3 yb y4 yb yAyOpy'°' oyoyoyoyotioyoyotioyoyo oLoytiotitio Note: Red Bars relate to historical period and blue bars relate to forecast. Total Household charge for users receiving both water and sewerage services. HEMSON MAE111 43 VII RECOMMENDATIONS AND FINDINGS The calculated rates presented establish water and sewer rates to all users of the system which are fair and equitable. The analysis included in this report ensures that the water and sewer rates fully fund all of the City's anticipated annual costs including all operating costs, capital financing needs and debt repayment requirements as they relate to the potable system. It is fiscally prudent that the City contribute to reserves for the eventual repair and replacement of water and sewer infrastructure. An immediate implementation of a rate that fully funds the calculated annual funding requirement for capital asset replacement would result in significant impacts to all users in the City. The analysis includes an increasing annual contribution to reserves for asset rehabilitation and replacement. These contributions, when combined with the City's ongoing capital works, will demonstrate a movement towards long-term full cost recovery rates. The City will continue to explore and exercise any potential cost sharing or grant funding opportunities from upper levels of government in an effort to further reduce the existing infrastructure deficit. The results of this study are in part, Hemson and City staff's best estimates of what could transpire in the short -to -medium term using the data available. It is especially important that the City continue to monitor all consumption data on a monthly basis to identify usage trends and variance in the projections to ensure costs and revenues are managed accordingly. Further to this, as the treatment plant is a new initiative, the cost projections outlined in this study should be monitored and compared to actuals regularly to ensure the City is generating sufficient revenues to cover expenses. A financial model was developed to undertake the analysis and serves as a dynamic rate setting tool. Using the model, the City is able to perform sensitivity analyses of water and sewer rates, rate structures and also phase-in options. It is recommended the City undertake a comprehensive fee review every three to five years to ensure that a nexus between costs and revenues is maintained over time. HEMSON PIM APPENDIX A DETAILED RATE CALCULATIONS HEMSON D 3 e os N M _ o _ _ .. w _ _ _ m _ _ N N c, ^��, Tm n _ v n c a N _ _ a i _ _ .. _ M N. _ _ _ _ _ 0 ^ Im M _ M m �n - b N Im M M N �- �- 1. 11 Q c, Im N n M ry �- �- c, IN m m v Q _ _ b Q' V' _ _ _ nm N Im co v o v v h _ vi h q M 'n vii rn a O m N h M h2 Q' N M M S AN � (i' C1 N li lo _ h Q N QQ N N _ _ `-i v Q Q V V N h 93o d k C 91 w E '� d O as E LL ° • ' ._ E G a- N w E c -'ac Z co E a o u z om m W On _ „ c Q �- > y m c rn c c W.m ° a d v c v E? .� V a U E R LL Q = C U ' On r,F a E O 3 2 V 3 y ap° 3 v 3 - _ w U z 3 w n y E v E - y E r OL OL zz a O w U U U y - U¢ y i= y y°', v O a` > y z U - - a°v O U U a' F z° 03 LL m r �a oa t» w c6 m m r t» w 6 ��i 4 c54 M M� M ��i 4 c54 M M� a ��� �� m a m N ° m ry v t» w w w - - - - - - - - - - ---------- --------- w o' o V r t» w w w - - - - - - - - - - ----------- --------- w m N t» w m w ry o 16 v M n _ _ v t� t» w w w - - - - - - - - - - - - - - - - - - - - w } T E E E `m j U am' - E E E E of E o E E E E oo of E o E E E E of E o E 2 E - - - c - - - - - - Q j � r !a ■ , \\( 11 Im }}( Im \\\ m IN IN IN 7 a Im MM MM ƒ - \ -- \ \ / \\ \ /\\\ \ \}}} \\\ \ \\ ! : ; oN11 o N N'N' o M nb N mmOfommm 0 1. m oc� No 14 cl� 14 cl� No a O N No N m m m 4 cl� 14 cl� 16 o6 oc 14 cl' ^ 14 cl' I 6 16 N 11 1 m v I I oN w Nm c c m N N "5 Nc6 C Q 9 0 g m N f 16 c6 m O:T N .1 N N cl' OW- cm- mm �2 Mm N ON c c 11 m m N N' li c 'i 14 cl� m�2 li li c6 oc mm Q d NN �N N. v w N m No mo Nm N No m m g' Ci 14 cl' m o6 ch N N m m Ci Mt li 16 e ml ml o6 16 lw I I m 2 N c� No m m .6 16 of 4 N I o m. N Of s SA mN 4N N c,� Is w mm mm N c I I Mt N m m o6 w IS S, o cc C :s Q All c E Ze Eo o o. oo 6 . h E o o E _ o, E 0 EP - a a - 0 E o -j m E o 2 E 0 -C� vo "L u u o o m m o -6 -C l o o 2 -o xm :S o o a a m m -S o M x IF U c o 'cli �i 1� .4 2 I I I « \\o ) !§§ » [|§lw °((No mm oc IN omo - ! !! APPENDIX B RATE STRUCTURE SURVEY OF CANADIAN MUNICIPALITIES HEMSON HEMSON Appendix B - Table 1 Canada -wide Benchmarking of Residential Metered Water Rate Structures City of Saint John (Rate Structure as of January 12018) Metered DescriptionPopulation Major City Red Deer Prov AB (2016) 100,000 (Y/N) Y Fixed Charge Based on meter size. (Residential) Constant Rate Chatham ON 100,000 Y Based on meter size. Declining Block Rate Strathcona County AB 98,000 Y Based on meter size. Constant Rate Brantford ON 97,000 Y Based on meter size. Constant Rate Saint -Jean -sur -Richelieu QC 95,000 Y Fixed charge not differentiated by meter size Constant Rate Cape Breton NS 94,000 Y Fixed charge not differentiated by meter size Declining Block Rate Lethbridge AB 93,000 Y Based on meter size. Constant Rate Clarington ON 92,000 Y Based on meter size. Increasing Block Rate Pickering ON 92,000 Y Based on meter size. Increasing Block Rate Kamloops BC 90,000 N Based on the size of service Fixed Rate Only Nanaimo BC 90,000 Y Fixed charge not differentiated by meter size Increasing Block Rate Niagara Falls ON 88,000 Y Based on meter size. Constant Rate Sudbury ON 88,000 Y Fixed charge not differentiated by meter size Constant Rate North Vancouver BC 86,000 N Fixed charge not differentiated by meter size Fixed Rate Only Victoria BC 86,000 Y Based on meter size. Constant Rate Brossard QC 86,000 Y Minimum rate for 350 cubic metres Increasing Block Rate Repentigny QC 84,000 Y Fixed charge not differentiated by meter size Increasing Block Rate Newmarket ON 84,000 Y Based on meter size. Constant Rate Chilliwack BC 84,000 Y Based on meter size. Constant Rate Maple Ridge BC 82,000 Y Based on meter size. Constant Rate Peterborough ON 81,000 Y Based on meter size. Humpback Rates Kawartha Lakes ON 75,000 Y Based on meter size. Constant Rate Drummondville QC 75,000 Y Fixed charge not differentiated by meter size Constant Rate Saint -Jerome QC 74,000 N Fixed charge not differentiated by meter size Fixed Rate Only Prince George BC 74,000 Y Seasonal flat rates Constant Rate Sault Ste. Marie ON 73,000 Y Based on meter size. Humpback Rates Moncton NB 72,000 Y Based on meter size. Declining Block Rate Sarnia ON 72,000 Y Based on meter size. Constant Rate New Westminster BC 71,000 N Fixed Rate Fixed Rate Only Fort McMurray (Wood Buffalo) AB 71,000 Y Based on meter size. Constant Rate Saint John NB 67,000 N Fixed Rate Fixed Rate Only ]Constant Caledon ON 67,000 Y Fixed Rate Constant Rate Granby QC 66,000 Y Fixed charge integrated into tax bill Rate St. Albert AB 65,000 Y Fixed Rate Constant Rate Norfolk County ON 64,000 Y Based on meter size. Constant Rate Medicine Hat AB 63,000 Y Fixed charge not differentiated by meter size Constant Rate Grande Prairie AB 63,000 Y Based on meter size. Increasing Block Rate Welland -Pelham ON 62,000 Y Based on meter size. Constant Rate Airdrie AB 61,000 Y Based on meter size. Constant Rate Halton Hills ON 61,000 Y Based on meter size. Humpback Rates Port Coquitlam BC 59,000 N Fixed Rate based on unit type Fixed Rate Only Fredericton NB 58,000 Y Fixed charge not differentiated by meter size Constant Rate Blainville QC 57,000 N Fixed charge not differentiated by meter size Fixed Rate Only Saint-Hyacinthe QC 56,000 Y Fixed charge not differentiated by meter size Constant Rate Aurora ON 55,000 Y None Constant Rate North Vancouver BC 53,000 N Fixed charge not differentiated by meter size Fixed Rate Only Welland ON 52,000 Y Fixed charge not differentiated by meter size Constant Rate North Bay ON 51,000 Y Based on meter size. Constant Rate Belleville ON 51,000 Y Based on meter size. Declining Block Rate HEMSON I \ ............... � CIO �z . ................ 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AUTHORIZATION Primary Author Commissioner/Dept. Head+Jcci ty Manager Brent McGovern Brent McGovern hnCollin RECOMMENDATION It is recommended that Common Council: 1. Endorse the East Saint John Industrial Raw Water Rate Report and the West Saint John Industrial Raw Water Rate Report; and 2. Support the approach of setting all industrial raw water users rates via by-law. EXECUTIVE SUMMARY This report was discussed at Finance Committee and supported for furtherance to Common Council for final deliberation. Hemson Consulting Ltd., working with staff, recently completed Rate Studies that cover the Water (potable) & Sewer Rate Report, the two East Industrial Water customers (Irving Paper and Irving Oil) and the two West Industrial Water customers (NB Power—Coleson Cove and Irving Pulp and Paper). The plan is to implement the various new industrial raw water rates via by-law effective January 1, 2020. Overall, to implement the four new industrial raw water rates as recommended in the Hemson Reports results in an overall reduction in revenue of approximately $560k per year. This is due to a change in service to Irving Oil - the switch from receiving potable water to receiving industrial raw water, the change in approach to rate setting for NB Power's Coleson Cove from potable water rates to industrial raw water rates and the introduction of the asset management allocations and rate stabilization contributions to all four industrial 300 -2 - water customers. Staff anticipated a net negative impact to revenue and staff have been preparing accordingly. Despite the net reduction in revenue being presented staff will be bringing a balanced 2020 Utility Operating budget to Finance Committee at its next meeting. Therefore the plan is to hold the flat rate at the same level in 2020 as the 2019 flat rate. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Aligns with Council's priority of fiscal responsibility where it specifically states "Investigate options to allocate water costs among ratepayers". REPORT Background As part of the Safe, Clean Drinking Water Project the Loch Lomond Drinking Water Treatment Facility went into operation on August 30, 2018. With the construction of the new plant, separation of the potable and industrial water supply on the east system was possible (the west industrial systems were already separated however there had been some infrastructure sharing between industrial and potable water customers before the move to groundwater) thereby requiring an adjustment in the way the City delivers services to residential and non-residential customers. These changes combined with Council's Priority to "Investigate options to allocate water costs among ratepayers" required a review of the large industrial customers using raw water. As it relates to industrial water, Hemson Consulting Ltd. an expert in rate setting was retained by the City to undertake a comprehensive rate study with the view of calculating new user rates as follows: 1) Raw water rate analysis for Irving Oil Ltd. and Irving Paper (at the Flume) on the East Saint John Industrial Water System; and 2) Raw water rate analysis for Irving Pulp & Paper and the NB Power Generating Station (Coleson Cove) on the West Saint John Industrial Water System. The purpose of undertaking the industrial rate analyses is to more accurately allocate the cost of providing water services among rate payers. The Hemson reports (East and West) address the raw water rate analysis for the customers noted above. Historically, these customers have paid potable water rates or special negotiated user rates, however, moving forward, it is recommended these customers be billed the full cost of providing raw water. [till -3 - Raw water and potable water are quite different in quality and in complexity of infrastructure and servicing requirements needed to provide the different services. This results in vast differences in costs/revenue required and therefore ultimately the rates between the raw water users and the potable water system. Historically, all costs and revenues for all users have been captured under the one potable water budget, however moving forward both the costs of providing raw water services and the revenues generated will be recorded independently from the potable system. This process has been implemented for the 2019 Saint John Water operating and capital budgets. As a result, the share of costs associated with providing raw water to east and west industrial systems are attributed to those systems. The cost recovery approach will bring uniformity to the City's billing system and it is consistent with the requirements of the Local Governance Act which requires water and sewer services to be balanced on an annual basis. Irving Oil Ltd. and Irving Paper - Raw Water Rate Analysis Irving Oil Ltd. (IOL) and Irving Paper are supplied from the Loch Lomond watershed in the east, utilizing dams, dual purpose transmission systems and transmission mains isolated from the potable distribution system. The Irving Oil Refinery is connected to a water transmission main that feeds supply water from Latimer Lake to Lakewood Heights as shown in Appendix 1. Irving Paper is supplied through a short water transmission main from Latimer Lake to Dry Lake Flume and open channel (brook) flow from Dry Lake to Little River Reservoir and into the Silver Falls Watershed as shown in Appendix 1. IOL through much of 2019 has been billed for water services based on a blend of special agreement rates and city-wide potable water rates while Irving Paper (Flume) has been billed solely on special agreement rates. Consumption Allocations Of the total 11.5 million cubic metres associated with the two east industrial water users, IOL represents 73% of the total with the remaining 27% associated to Irving Paper (as shown in Table 2) and these allocations have been used for IOL and Irving Paper as they represent the benefit associated to providing raw water to these customers. 1919% Table 1. Summary of East Saint John Water Consumption Customer Billed Consumption 2019 Existing Consumption and New Structure: 2020 Billing Projection Billing Structure Irving Oil Ltd. —1 4,150,000 m3 • Special Agreement Rates • New East Industrial Raw Water Rate specific to Irving Oil Ltd. Irving Oil Ltd. — 2 4,250,000 m3 • City-wide potable water rates Irving Paper 3,123,000 m3 • Special Agreement Rates • New East Industrial Raw Water Rate specific to (Flume) Irving Paper (Flume) Total 11,523,000 m3 Consumption Consumption Allocations Of the total 11.5 million cubic metres associated with the two east industrial water users, IOL represents 73% of the total with the remaining 27% associated to Irving Paper (as shown in Table 2) and these allocations have been used for IOL and Irving Paper as they represent the benefit associated to providing raw water to these customers. 1919% -4- Table 2. Summary of Average East Water Source Water Volume m3 Share of Water Share of East Industrial Produced m3 m3 Average Water Produced Loch Lomond Potable 29,862,720 Irving Paper (Raw) 3,123,000 Total Produced (Raw+Potable) 32,985,720 Average East Industrial Consumption Irving Oil Ltd. (IOL) 8,400,000 25% 73% Irving Paper (Flume) 3,123,000 10% 27% otal East Industrial 11,523,000 35% 100% Operating Expenditures Operation and maintenance costs are comprised of three key components: 1. East Watershed Management Industrial: includes costs of operating, maintenance and protection of the watershed. 2. Transmission: includes the operation and maintenance costs of transmission to provide raw water to Irving Oil Ltd. 3. East Customer Metering: includes the operation and maintenance of customer meters for the east industrial customers. A share of the above noted costs have been allocated to customers for recovery. Debt Allocations Annual infrastructure debt payments that benefit industrial customers have been incorporated and allocated to each user on consumption basis. Asset Management Contributions Asset management contributions have been incorporated into the calculation of East Saint John Industrial raw water rates. The report identifies a replacement value of $105.9 million for the East Saint John Water Industrial Water System Assets. As shown in Table 3, of the total amount, $15.2 million is related to infrastructure which directly provides raw water service to this area; of which $11.5 million is associated with infrastructure to service IOL and $3.7 million to service Irving Paper. The remaining $90.7 million is shared city-wide assets which benefit a wider customer base. A full cost approach is used to calculate the annual reserve fund contributions which is recognized as a fair approach for the use of these assets. Table 3 also shows the required annual provisions to maintain the East Saint John Industrial Water System in a state of good repair which amounts to just under $1.1 million. Of this amount, $139,500 per year is required to maintain the assets providing raw water to IOL while a further $29,700 per year is needed for the assets providing water to Irving Paper. The remaining $902,700 is for the 1919191 -5 - shared assets between the East Saint John Industrial Water System and the city- wide network. The annual provisions as noted in the table above are included in the calculation of the raw water rates. Of the total $902,700 annual contribution, about $315,300 per year is estimated which is based upon 35% of the share of the water produced (as per Table 2). The $315,300 has been further allocated to IOL and Irving Paper based on shares of consumption. 73% (or $229,900) is attributed to IOL and 27% (or $85,500) attributed to Irving Paper. As shown in Table 4, $484,500 represents the total fully calculated annual provision for all assets associated with the delivery of raw water to IOL and Irving Paper. Table 4. East Saint John Industrial Annual 3 East SJ Industrial ReplacementTable Water System Asset Annual Provision Customer Assets Replacement Annual Irving Oil Ltd. $139,450 Value (2019) Provision Irving Oil Ltd. • WTP to Commerce Drive (Transmission mains) $11,521,843 $139,450 Total Annual Contribution $169,171 • LHPS to Champlain Hts (Transmission mains) $484,501 Irving Paper • Little River Reservoir Dam $ 3,727,493 $ 29,721 (Flume) • Little River Reservoir Culverts • Latimer Lake to IP (Raw water intake) Shared East • Various dams, buildings, flow meters, $90,671,289 $902,662 Industrial and transmission mains, headers and bridges City-wide Total $105,920,625 $1,071,834 The annual provisions as noted in the table above are included in the calculation of the raw water rates. Of the total $902,700 annual contribution, about $315,300 per year is estimated which is based upon 35% of the share of the water produced (as per Table 2). The $315,300 has been further allocated to IOL and Irving Paper based on shares of consumption. 73% (or $229,900) is attributed to IOL and 27% (or $85,500) attributed to Irving Paper. As shown in Table 4, $484,500 represents the total fully calculated annual provision for all assets associated with the delivery of raw water to IOL and Irving Paper. Table 4. East Saint John Industrial Annual Asset Management Allocations Customer Direct Benefit Indirect Benefit Total Irving Oil Ltd. $139,450 $229,868 $369,318 Irving Paper (Flume) $ 29,721 $ 85,462 $115,183 Total Annual Contribution $169,171 $315,330 $484,501 Hemson advises "It is recognized that immediately implementing full cost recovery asset management provisions may place undue burden on raw water customers in the short-term. Therefore, the following key assumptions are recommended: 1. The asset management provisions associated with those assets which directly benefit Irving Oil Ltd. and Irving Paper (Flume) are to be 100% included in the calculation of the raw water rates for 2020. 2. The asset management allocations associated with the shared assets which are considered to be an indirect benefit to Irving Oil Ltd. and Irving Paper (Flume) have not been fully included in 2020. To maintain consistency with the City- wide potable system, these contributions have been phased -in. (a.) In 2020, of the total indirect asset management provision required, only 20% of the indirect asset management contributions is included in the Irving Oil Ltd. and Irving Paper calculation of raw water rates." 191911 -6 - Rate Stabilization Contribution Incorporates annual contributions to a rate stabilization reserve fund to offset future unanticipated operating budget variances (equal to 2 months operational expenditures). Calculated Rates The full cost analysis reveals that: • The required east raw water user rate revenue in 2020 is forecast based upon expenditures of approximately $2.5 million ($2.336M + $150k). This is the revenue that must be collected through the sale of raw water to fully recover operating costs, debt servicing costs, capital asset replacement costs and rate stabilization contributions of the East Saint John Industrial Water System assets. • Of this total, the costs have been further allocated to both IOL and Irving Paper customers on a range of factors. The table below provides the net funding requirement and the calculated utility rates for both customers under the proposed rate structure. Table S. Calculation of 2020 Raw Water Rates Description Irving Oil Irving Paper 1. Operating Costs East Watershed Mgmt Industrial $73,764 $33,382 East Transmission (IND) $618,120 $0 East Customer Metering $31,750 $31,750 Subtotal Operating Costs $723,633 $61,132 2. Fiscal Services (Debt) $1,305,886 $26,915 3. Asset Management Allocation $185,471 $46,831 4. Rate Stabilization Contribution $120,606 $10,855 S. Total Costs (1+2+3+4 = 5) $2,335,596 $149,733 6. Annual Consumption (m3) 8,400,000 3,123,000 7. Calculated Rates (5/6 =1);( /m3) $0.2790 $0..0479 To test the impact of the new rates on the City's two east industrial customers, a sensitivity analysis was undertaken using the utility rate model. For reference purposes, raw water rates have been calculated for 2019 based on the approved 2019 Saint John Water Budget and for 2020 based on projected costs. Table 6 below illustrates the impact of the newly calculated raw water consumption based charges for both Irving Oil and Irving Paper. 1919191 -7 - Comparison Table 7. Summary of West Saint John Water Consumption Customer Assumed Billed Consumption (m3) Current 2019 Payment Under Existing Rates* Calculated 2020ifference Payment under Raw Water Billing ($J Irving Oil Ltd. 8,400,000 $3,058,900 $2,335,596 $(723,304) Irving Paper 3,123,000 $ 68,200 $ 149,733 $ 81,533 *2019 is estimated based on projected consumption and based on the existing rate structure. As a result of the changes in cost allocation, IOL will see significant savings ($723,304) on the total bill (while also experiencing a change in quality with the move from potable water to raw water) and Irving Paper will see an increase ($81,500) in the transition. Irving Pulp and Paper and NB Power (Coleson Cove) - Raw Water Rate Analysis The City of Saint John supplies Irving Pulp and Paper (IPP) and NB Power customers from the Spruce Lake and the Musquash watersheds in the west utilizing two dedicated water transmission systems isolated from the potable distribution system. The water transmission feed from Spruce Lake to NB Power is referred to as the Coleson Cove System and consists of an intake, screen building, and transmission main supplying processed water to Coleson Cove. The second major industrial customer in the west is IPP. The water transmission feed from the Spruce Lake system consists of an intake pipe, screen building and a transmission main to the clear well at the IPP Mill. The infrastructure for both IPP and NB Power is shown in a map in Appendix 2. The Musquash system supplements the Spruce Lake/Ludgate Lake watershed by pumping and it is situated on the East Branch of the Musquash. It is interconnected to Menzies Lake by a transmission main. The lakes are defined by two earth dams and two concrete structures to maintain a water level. IPP is currently billed for water services based on a blend of special agreement rates and city-wide potable water rates while NB Power is billed solely on city potable water rates. Consumption Allocations Of the total 39.6 million cubic metres associated with the two west industrial water users, IPP represents 98% of total water billed with the remaining 2% 306 Table 7. Summary of West Saint John Water Consumption Customer 2019/2020 Existing Consumption and New Raw Water Rate Structure: Billed Billing 2020 Billing Consumption Irving Pulp and 39,000,000 m3 Combined 60" and 36" • New West Industrial Raw Paper raw/potable water lines Water Rate specific to Irving to IPP - Combined Pulp and Paper Special Agreement Rates and potable NB Power (Coleson 625,600 m3 • City-wide potable water • New West Industrial Raw Cove) rates Water Rate specific to NB otal Consumption 39,625,600 m3 Consumption Allocations Of the total 39.6 million cubic metres associated with the two west industrial water users, IPP represents 98% of total water billed with the remaining 2% 306 associated to NB Power as shown in Table 8 and these allocations have been used for IPP and NB Power. Table 8. Summary Average West Water Source Water Volume (m3) Share of Water Billed (m3) Irving Pulp and Paper 39,000,000 98% Coleson Cove 625,600 2% Total West Industrial 39,625,600 100% Operating Expenditures Operation and maintenance costs are comprised of three key components: 1. West Watershed Management Industrial: includes costs of operating, maintenance and protection of the watershed. 2. Transmission: includes the operation and maintenance costs of Musquash pumping and transmission as well as screening to provide raw water to both IPP and NB Power. 3. West Customer Metering: includes the operation and maintenance of customer meters for the west industrial customers. A share of the above noted costs have been allocated to customers for recovery. Debt Allocations Annual infrastructure debt payments that benefit industrial customers have been incorporated and allocated to each user on consumption basis. Asset Management Contributions Asset management contributions have been incorporated into the calculation of West Saint John Industrial raw water rates. The report identifies a replacement value of $87.4 million for the West Saint John Water Industrial Water System Assets. Table 9 shows the required annual provisions to maintain the West Saint John Industrial Water System in a state of good repair is $585,600 per year. Of this amount, $89,000 per year is required to maintain the assets providing raw water to NB Power while a further $144,200 per year is needed for the assets providing water to IPP. The remaining $352,400 is for the shared assets between IPP and NB Power and are allocated based on consumption allocations of 98% and 2% respectively. Note the Spruce Lake water transmission main actual replacement cost has an adjusted a reflect an amount of $10M to allow for ongoing inspections and maintenance but not the full asset replacement due to IPP's plan at the end of the asset life to either implement a new means of cooling the mill (Saint John River/Bay of Fundy) or alternatively IPP would be solely responsible for the full cost of the Spruce Lake water transmission main renewal if that option were preferred at that time. 1919YA -9 - Rate Stabilization Contribution As noted earlier, the rate stabilization contribution incorporates an annual amount to stabilize rates by offsetting unanticipated operating budget variances. Calculated Rates The full cost analysis reveals that: • The required west raw water user rate revenue in 2020 is forecast based upon expenditures of just over $3.1 million ($2.887M + $165k from Table 10). This is the revenue that must be collected through the sale of raw water to fully recover operating costs, debt servicing costs, capital asset replacement costs (with exception of Spruce Lake water transmission main) and rate stabilization contributions of the West Saint John Industrial Water System assets. • Of this total, the costs have been further allocated to both IPP and NB Power customers. The table below provides the net funding requirement and the calculated utility rates for both west industrial customers under the proposed rate structure. E OU] Table 9 West SJ Industrial Water System Asset Replacement Value and Required Annual Provision Customer Assets Replacement Annual Value (2019) Provision NB Power . Coleson Cove 1500mm $9,968,240 $ 89,046 (Co IesonCove) Transmission Intake • Coleson Cove Screen Building • Coleson Cove 600mm Transmission Main Irving Pulp and . Spruce Lake Transmission Main $15,482,359 $144,183 Paper . Spruce Lakelntake(1800mm) • Spruce Lake Screen Building IPP and NB • Musquash Pumping Station $28,233,456 $352,369 Power • Transmission Main From Musquash Combined . Menzies Lake Dams Benefit . Spruce Lake Dam Total Adjusted $53,684,054 $585,599 Spruce Lake • Spruce Lake Transmission $33,698,367 $0 Transmission Main (Remaining Cost) Total $87,382,421 $585,599 Rate Stabilization Contribution As noted earlier, the rate stabilization contribution incorporates an annual amount to stabilize rates by offsetting unanticipated operating budget variances. Calculated Rates The full cost analysis reveals that: • The required west raw water user rate revenue in 2020 is forecast based upon expenditures of just over $3.1 million ($2.887M + $165k from Table 10). This is the revenue that must be collected through the sale of raw water to fully recover operating costs, debt servicing costs, capital asset replacement costs (with exception of Spruce Lake water transmission main) and rate stabilization contributions of the West Saint John Industrial Water System assets. • Of this total, the costs have been further allocated to both IPP and NB Power customers. The table below provides the net funding requirement and the calculated utility rates for both west industrial customers under the proposed rate structure. E OU] -10 - Table 10. Calculation Description of 2020 Raw Water Irving Pulp and Paper Rates NB Power (Coleson Cove) 1.Operating Costs Customer Assumed Billed Current 2019 West Watershed Mgmt. Industrial $488,084 $7,829 West Transmission (IND) $1,069,528 $17,156 West Customer Metering $30,036 $30,036 Subtotal Operating Costs $1,587,648 $55,022 2. Fiscal Services (Debt) $318,243 $2,656 NB Power 625,600 $642,700 3(a). Asset Management $490,989 $94,610 3(b). Capital from Operating $225,178 $3,612 4. Rate Stabilization Contribution $264,608 $9,170 S. Total Costs 1+2+3 = 4 $2,886,666 $165,070 6. Annual Consumption m3 39,000,000 625,600 7. Calculated Rates ($/6 =1 $ m'l j$0.0740 j$10.2639, To test the impact of the new rates on the City's two west industrial customers, a sensitivity analysis was undertaken using the utility rate model. Raw water rates have been calculated for 2019 based on the approved 2019 Saint John Water Budget and for 2020 based on projected costs. Table 11 below illustrates the impact of the newly calculated raw water consumption based charges for both IPP and NB Power. *2019 is estimated based on projected consumption only applying the existing rate structure. SERVICE AND FINANCIAL OUTCOMES East Industrial Raw Water Rate Financial Changes As a result of the switch from potable water to industrial raw water, IOL will see significant savings ($723,304) on the total bill and Irving Paper will see an increase of $81,533 in the transition. West Industrial Raw Water Rate Financial Changes As a result of the changes in cost allocation, IPP will see a significant increase of about $557,446 on the total bill which essentially equates to the new approach of industry funding the future replacement of industrial assets. NB Power would see a significant decrease ($477,630) given they are transitioning from potable water rates to cost allocated industrial raw water rates. Potable Water and Sewer Revenue Impact Despite the overall net reduction in revenue of approximately $560,000 staff will be bringing a balanced 2020 Utility Operating budget to Finance Committee at its EcZi16-1 ComparisonTable 11. Customer Assumed Billed Current 2019 Calculated 2020 Difference ($J Consumption (m3) Payment Under Payment under Ra Existing Rates* Water Billing Irving Pulp and Paper 39,000,000 $2,329,200 $2,886,666 $557,446 NB Power 625,600 $642,700 $165,070 $(477,630) *2019 is estimated based on projected consumption only applying the existing rate structure. SERVICE AND FINANCIAL OUTCOMES East Industrial Raw Water Rate Financial Changes As a result of the switch from potable water to industrial raw water, IOL will see significant savings ($723,304) on the total bill and Irving Paper will see an increase of $81,533 in the transition. West Industrial Raw Water Rate Financial Changes As a result of the changes in cost allocation, IPP will see a significant increase of about $557,446 on the total bill which essentially equates to the new approach of industry funding the future replacement of industrial assets. NB Power would see a significant decrease ($477,630) given they are transitioning from potable water rates to cost allocated industrial raw water rates. Potable Water and Sewer Revenue Impact Despite the overall net reduction in revenue of approximately $560,000 staff will be bringing a balanced 2020 Utility Operating budget to Finance Committee at its EcZi16-1 -11 - next meeting. Therefore the plan is to hold the flat rate at the same level in 2020 as the 2019 flat rate. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The East and West Saint John Industrial Raw Water Rate Reports have been reviewed by staff at Saint John Water and the City of Saint John's Finance team. ATTACHMENTS 1. East Saint John Industrial Raw Water Rate Report 2. West Saint John Industrial Raw Water Rate Report 3. Appendix 1 and 2 4. East and West Industrial Raw Water Rate Presentation 19lito] EAST SAINT JOHN INDUSTRIAL RAW WAFER RATE REPORT 311 HEMSON consulting Ltd. November 2019 TABLE OF CONTENTS EXECUTIVE SUMMARY...............................................................................................1 1 BACKGROUND AND STUDY OBJECTIVE.........................................................4 A. BACKGROUND.........................................................................................4 B. STUDY OBJECTIVE.................................................................................... 5 II RAW WATER DEMAND ANALYSIS.................................................................... 7 A. RAW WATER CONSUMPTION ADJUSTMENTS........................................7 B. CONSUMPTION ALLOCATIONS..............................................................8 III OPERATION AND MAINTENANCE COSTS.....................................................10 A. OPERATING EXPENDITURES..................................................................10 B. CITY-WIDE DEBT ASSUMPTIONS BY SYSTEM........................................12 IV ASSET MANAGEMENT CONTRIBUTIONS AND RATE STABILIZATION .........16 A. EAST SAINT JOHN INDUSTRIAL WATER SYSTEM ASSETS......................16 B. ALLOCATION OF ANNUAL ASSET MANAGEMENT EXPENDITURES ..... 17 C. RATE STABILIZATION RESERVE FUND...................................................19 V CALCULATED RATES....................................................................................... 20 A. CALCULATED CONSUMPTION RATE - IRVING OIL LTD ...................... 21 B. CALCULATED CONSUMPTION RATE - IRVING PAPER (FLUME)........... 22 C. RATE IMPACTS........................................................................................23 Appendix A Detailed Asset Replacement Costs 1 EXECUTIVE SUMMARY The City embarked upon the construction of a 75 million litre per day water treatment plant, the renewal and installation of 26 kilometres of water transmission/distribution mains, the renewal of 3 dams and the development of the new South Bay Wellfield at a cost upwards of $200 million to bring safe, clean drinking water to the citizens of Saint John. The Loch Lomond Drinking Water Treatment Facility went into operation on August 30, 2018 which will reduce the occurrence of boil water orders and service interruptions. With the construction of the new plant, separation of the potable and industrial water supply is now possible, thereby requiring an adjustment in the way the City delivers services to both residential and non-residential customers. These changes necessitate a review of the water rates for non-residential users, most notably large industrial users using non -potable (or raw water) which will also have an impact on potable user rates. Hemson was retained by the City of Saint John to undertake a comprehensive Water and Sewer Rate Study. The rate study contains four components with the view of calculating new user rates under the following scenarios: 1) Calculating utility rates under the City's existing water and sewer rate structure for all potable water users; 2) Raw water rate analysis for Irving Oil Ltd. and Irving Paper (at the Flume) on the East Saint John Industrial Water System receiving services; 3) Raw water rate analysis for Irving Pulp & Paper and the NB Power Generating Station (Coleson Cove) on the West Saint John Industrial Water System receiving services; and 4) Examine the costs and benefits of universal metering in the City. Alternative rate structures and sensitivity analyses under a metering scenario for all users on the potable system. This report addresses the raw water rate analysis for two customers receiving services: Irving Oil Ltd. and Irving Paper (Flume) on the East Saint John Industrial Water System. HEMSON Mr.] 2 The full cost analysis reveals that: • The required east raw water user rate revenue in 2020 is forecast based upon expenditures of approximately $2.5 million. Therefore, $2.5 million is the amount of revenue which must be collected through the sale of raw water to fully recover operating costs, debt servicing costs and capital asset replacement costs of the East Saint John Industrial Water System assets. • Of this total, the costs have been further allocated to both Irving Oil Ltd. and Irving Paper customers on a range of factors. In order for the City to recover costs associated with providing services, necessary adjustments to the utility rates are required. The table below provides a snapshot of the total net funding requirement and the calculated utility rates for both customers under the proposed rate structure expected to come into effect in 2020. Calculation of 2020 Raw Water Rates Description Irving Oil Irving Paper 1. Operating Costs East Watershed Mgmt Industrial $73,764 $33,382 East Transmission (IND) $618,120 $0 East Customer Metering $31,750 $31,750 Subtotal Operating Costs $723,633 $65,132 2. Fiscal Services (Debt) $1,305,886 $26,915 3. Asset Management Allocation $185,471 $46,831 4. Rate Stabilization Contribution $120,606 $10,855 5. Total Costs (1+2+3 = 4) $2,335,596 $149,733 6. Annual Consumption (m3) 8,400,000 1 3,123,000 7. Calculated Rates (4/5 = 6)"($/M3) $0.2780 $0.0,470 In order to test the impact of the new rates on the City's two east industrial customers affected by the change in service delivery from potable to raw water, a sensitivity analysis was undertaken to quantify the rate impacts. It is important to note, that for the purposes of this report it has been assumed that implementation of new raw water rates is expected to occur in 2020, with the existing rate structure continuing to be used throughout 2019. Therefore, for reference purposes, raw water costs are illustrated for 2019 based on the approved 2019 Saint John Water Budget and also includes 2020 projected costs outlined in the City's draft budget. The table below illustrates the HEMSON ME1 3 impact of the newly calculated raw water consumption based charges for both Irving Oil and Irving Paper. Note 1: Irving Oil current payment based on actuals to October 2019 and estimated to end of 2019. Irving Paper (Flume) is estimated based on projected consumption only based on the existing rate structure (see Table 1). Note 2: 2020 estimates are based on assumed consumption relative to historical trends. The City has undertaken the east industrial rate analysis to more accurately allocate costs of providing water services among rate payers. The results of the study reflects a shift in service delivery which started in 2018 with the construction of the new treatment plant and the expected change to raw water supply to east industrial users. Historically, all costs and revenues for all users have been captured under the one potable water budget, however moving forward both the costs of providing raw water services and the revenues generated will be recorded independently from the potable system. This process has been implemented for the already approved 2019 Saint John Water operating and capital budget. As a result, the share of costs associated with providing raw water to east industrial systems are attributed to those systems. The cost recovery approach applied to calculate the user rates is consistent with the requirements of the Local Governance Act which requires water and sewer services to be balanced on an annual basis. As a result of the changes in billing practice, Irving Oil Ltd. will see significant savings on the total bill and Irving Paper will see an increase as they transition to raw water based user fees. HEMSON MM M I BACKGROUND AND STUDY OBJECTIVE A. BACKGROUND The City embarked upon the construction of a 75 million litre per day water treatment plant, the renewal and installation of 26 kilometres of water transmission/distribution mains, the renewal of 3 dams and the development of the new South Bay Wellfield at a cost upwards of $200 million to bring safe, clean drinking water to the citizens of Saint John. The Loch Lomond Drinking Water Treatment Facility is located near the Little River Reservoir by Lakewood Heights and is part of the "Safe Clean Drinking Water Project" which will reduce the occurrence of boil water orders and service interruptions. The plant entered service on August 30, 2018. With the construction of the new plant, separation of the potable and industrial water supply is now possible, thereby requiring an adjustment in the way the City delivers services to both residential and non-residential customers. These changes necessitate a review of the water rates for non-residential users, most notably large industrial users using non -potable (or raw water), which in turn, will have an impact on potable user rates. This report addresses the raw water rate analysis for two customers, Irving Oil Ltd. and Irving Paper (at the Flume) , on the East Saint John Industrial Water System. Historically, these customers have paid potable water rates or special negotiated user rates, however, moving forward, these customers will be billed for the full cost of providing raw water. These customers are supplied from the Loch Lomond watershed in the east, utilizing dams, combined transmission systems and transmission mains isolated from the potable distribution system. The Irving Oil Refinery is connected to a water transmission main that feeds supply water from the Latimer Lake intake pipes and screen building to Lakewood Heights. Irving Paper is supplied through a water transmission feed from Latimer Lake consisting of an intake, valve structure, and transmission main to Dry Lake Flume and open channel from Dry Lake to Little River Reservoir and into the Silver Falls Watershed. Raw water service and potable water service are quite different in many respects. Aside from the difference in quality, more complex infrastructure and servicing requirements are needed to provide potable water service as opposed to raw water. This results in vast differences in costs and ultimately the rates between the raw water users and the potable water system. HEMSON MIQ 5 B. STUDY OBJECTIVE Hemson was retained by the City of Saint John to undertake a comprehensive Water and Sewer Rate Study. The rate study contains four components with the view of calculating new user rates under the following scenarios: 1) Calculating utility rates under the City's existing water and sewer rate structure for all potable water users; 2) Raw water rate analysis for Irving Oil Ltd. and Irving Paper (Flume) , on the East Saint John Industrial Water System receiving services; 3) Raw water rate analysis for Irving Pulp & Paper and the NB Power Generating Station (Coleson Cove) on the West Saint John Industrial Water System receiving services; and 4) Examine the costs and benefits of universal metering in the City. Alternative rate structures and sensitivity analyses under a metering scenario for all users on the potable system. This report addresses the raw water rate analysis for Irving Oil Ltd. and Irving Paper (Flume) . For the purposes of this report, it has been assumed that implementation of new raw water rates is expected to occur in 2020, with the existing rate structure continuing to be used throughout 2019. Therefore, for reference purposes, raw water costs are illustrated based on the approved 2019 Saint John Water Budget while the rates are calculated for 2020 based on projected costs as outlined in the draft budget. In undertaking this analysis, a utility rate model was developed and serves as a dynamic rate setting tool. Using the model, the City is able to perform sensitivity analyses of raw water rates, rate structure and also phase-in options. The following diagram (Figure 1) illustrates the overall approach. HEMSON NVA Figure 1 Utility Rate Setting Model HEMSON NF -13 7 II RAW WATER DEMAND ANALYSIS Future costs for the City to provide raw water to the East Saint John Industrial customers will largely be driven by demands placed on the system by these consumers. A forecast of future consumption demands must therefore be developed. A. RAW WATER CONSUMPTION ADJUSTMENTS With the completion of the Safe Clean Drinking Water Project, there will be an adjustment in the way the City's existing large industrial customers are billed for services. Historically, these customers have paid potable water rates or special negotiated user rates, however, moving forward, these customers will be billed for raw water at the full cost of providing service. Table 1 below summarizes the existing billing structure in 2019 and associated projected consumption (based on a 5 -year average) for each customer related to the proposed new 2020 billing structure. Irving Oil Ltd. (IOL) is currently billed for water services based on a blend of special agreement rates and city-wide potable water rates while Irving Paper (Flume) is billed solely on special agreement rates. In total, these customers are anticipated to consume about 11.5 million cubic metres in 2019. Changes in non-residential consumption activity is often difficult to predict as consumption patterns can be dependent on the general economic climate as well as processes of a business. Typically, non-residential customers continue to adapt operations to be more efficient and environmentally friendly. Therefore, for the HEMSON Table 1 Customer Summary of Billed Consumption East Saint John Water Consumption 2019 Existing Consumption New Structure: 2020 Billing Projection and Billing Structure Irving Oil 4,150,000 m3 . Special Agreement Rates • New East Industrial Raw Ltd. - 1 Water Rate specific to Irving Oil Ltd. Irving Oil 4,250,000 m3 • City-wide potable water Ltd. - 2 rates Irving Paper 3,123,000 m3 • Special Agreement Rates • New East Industrial Raw (Flume) Water Rate specific to Irving Paper (Flume) Total 11,523,000 m3 Consumption Changes in non-residential consumption activity is often difficult to predict as consumption patterns can be dependent on the general economic climate as well as processes of a business. Typically, non-residential customers continue to adapt operations to be more efficient and environmentally friendly. Therefore, for the HEMSON purposes of this study, no growth in overall raw water consumption is assumed over the forecast period and remains at a similar level in 2020. B. CONSUMPTION ALLOCATIONS' For the purposes of setting raw water rates for East Saint John Industrial customers, general operating costs, existing debt financing expenditures as well as general asset management provisions, have been allocated to each user based on a 5 -year average (2013-2017) of water consumption relative to water produced. Table 2 shows that total potable water produced at Loch Lomond averaged about 29.9 million cubic metres. However, when raw water flow of 3.12 million cubic metres associated to Irving Paper is accounted for, the total water produced averaged just under 33.0 million cubic metres Total consumption in the east industrial system totals 11.5 million cubic metres. This represents a share of 35% relative to total water produced for East Saint John customers. Of this, 8.4 million cubic metres or 25% of total water produced is associated to consumption by Irving Oil Ltd. while the remaining 3.1 million cubic metres or 10% of total water produced is associated to consumption by Irving Paper (Flume). Of the total 11.5 million cubic metres associated with the two east industrial water users, Irving Oil Ltd. represents 73% of the total with the remaining 27% associated to Irving Paper. The specific shares calculated for Irving Oil Ltd. and Irving Paper represent the benefit shares associated to providing raw water to these customers. 2 Summary of Average East Water Source Water Volume (m3) ProducedTable Share of Water Produced (m3) Share of East Industrial (m3) Average Water Produced Loch Lomond Potable 29,862,720 Irving Paper (Raw) 3,123,000 Total Produced (Raw + Potable) 32,985,720 Average East Industrial Consumption Irving Oil Ltd. 8,400,000 25% 73% Irving Paper (Flume) 3,123,000 10% 27% Total East Industrial 11,523,000 35% 100% 1 Details on the potable water consumption forecast for the City-wide potable system is analyzed in detail in the "Water and Sewer Rate Study" for the potable systems provided under separate cover. HEMSON 001 M Table 3 identifies a benefiting share to Irving Oil Ltd. associated to providing raw water services combined with potable services. This share has been identified to distinguish capital and debt costs which are necessary to provide raw water to Irving Oil Ltd. but are also associated to operation of the overall city-wide water system. Total water produced totals 33.6 million cubic metres which includes 29.9 million cubic metres from Loch Lomond and 3.7 million cubic metres from Spruce Lake. The share identified is 25% based on consumption of 8.4 million cubic metres by Irving Oil Ltd. Table 3 Allocation of Irving Oil Ltd. East Industrial Consumption Source Water Volume Share of IOL (m3) Consumption (m3) Average Water Produced Loch Lomond Potable 29,862,720 Spruce Lake 3,711,200 Total Produced 33,573,920 Average East Industrial Consumption Irving Oil Ltd. 1 8,400,000 25% HEMSON 321 III OPERATION AND MAINTENANCE COSTS The revenue the City needs to collect from east industrial customers through user rates is calculated by first identifying the full operating costs of providing and maintaining raw water services. A. OPERATING EXPENDITURES The City of Saint John utility systems are operated in accordance with provincial legislation that guarantees safety, quality and reliability. The City of Saint John operation and maintenance costs are comprised of three key components for the purposes of this report: 1. East Watershed Management Industrial: includes costs of operating, maintenance and protection of the watershed that benefits east industrial customers. 2. Transmission: includes the operation and maintenance costs of transmission to provide raw water to Irving Oil Ltd. 3. East Customer Metering: includes the operation and maintenance of customer meters for the east industrial customers. As the East Saint John Industrial Water customers' transition to a raw water based billing structure, a share of the City's costs have been allocated for recovery by these customers. These costs have historically been captured under one potable water budget. This section outlines the allocation of costs associated to supplying raw water to east industrial customers based on the 2019 approved budget.2 Details of the operating costs are provided in the following sections. Asset management contributions required to maintain assets in a state of good repair are outlined in Section IV of this report with further details provided in Appendix A. 2 Details on the allocation of costs for the city-wide potable system and West Industrial System are analyzed in detail in the "Water and Sewer Rate Study"provided under separate cover. HEMSON KYA 11 East Industrial General Operating Expenditures City staff have identified all costs associated to operating and supplying raw water to East Saint John Industrial customers as part of the 2019 approved Saint John Water budget. In particular, specific accounts and portions of total costs that can reasonably be associated to the East Saint John Industrial Water System have been identified, and total about $845,900 as shown in Table 4. Table 4 also shows the methodology and allocation of total operational costs to both customers on the East Saint John Industrial Water System. In total $784,000 in general operating costs have been allocated to Irving Oil Ltd. and $62,000 has been allocated to Irving Paper (Flume) . HEMSON 0191 Table 4 Raw Water Cost Allocations d on the 2019 ApprovedBudget General Operating Approved 2019 Allocations Description Budget Irving Oil Irving Methodology 2019 Ltd. Paper East Watershed $86,835 $63,301 $23,534 • Benefit provided to both Mgmt Industrial users (General) • Costs allocated based on consumption - 73% Irving Oil Ltd. and 27% Irving Paper (Flume) East Watershed $5,113 $0 $5,113 • Benefit to Irving Paper Mgmt Industrial only (Irving Paper - Flume) East Transmission $687,329 $687,329 $0 • Benefit provided to (Industrial) Irving Oil Ltd. only • Associated to transmission infrastructure directly to the Irving Oil Ltd. facility East Customer $66,647 $33,323 $33,323 • Benefit provided to both Metering users • Costs allocated: 50% to Irving Oil Ltd. and 50% Irving Paper (Flume) Total East $845,924 $783,954 $61,970 Industrial Water System Operating Costs HEMSON 0191 12 Table 5 below illustrates the projected operating costs of the east industrial system in 2020 based on the draft budget. Overall, operating costs are projected to decrease, from 2019, as a result of overall system -wide efficiencies. 5 Raw Water OperatingTable Area 2019 Approved 2020 Projected (1) Budget East Watershed M mt Industrial (General) $86,835 $101,188 East Watershed Mgmt Industrial (Irving Paper - $5,113 $5,958 Flume) East Transmission (Industrial) $687,329 $618,120 East Customer Metering $66,647 1 63,500 Total East Industrial Water System Operating $845,924 $788,765 Costs /Vote 1: based on Uratt LULU budget B. CITY-WIDE DEBT ASSUMPTIONS BY SYSTEM The City has regularly issued debt to fund the repair and replacement of existing water and sewer assets as well as emplacing the infrastructure needed to facilitate new development. Many of these capital projects provided benefits to both residential and non-residential customers across different user groups: potable users as well as East and West Saint John industrial users. The rate setting analysis accounts for all existing water and sewer annual debt payments incurred by the City. To allocate debt costs associated to financing of infrastructure that benefits East Saint John industrial customers, a three step process was used: 1. Determine shares of the total city-wide debt associated to water and sewer services separately. East Saint John industrial users are not connected to the sewer system and therefore only benefit from the infrastructure improvements on the water system. HEMSON 0z'11 13 2. Of the total water services debt, determine the shares which can be attributed to the East Saint John Industrial Water system. This includes shares of infrastructure financing that benefit East Saint John Industrial users directly and indirectly.3 3. Of the total debt attributed to the East Saint John Industrial Water System, determine the share which can reasonably be allocated to Irving Oil Ltd. and Irving Paper (Flume) . 1. City -Wide Debt It has been the practice of the City in recent years to issue blended debentures for various City services in order to fund capital repair and replacement requirements. Figure 2 summarizes the total annual debt payments associated with the water and sewer systems over the 2019 to 2029 period. Debentures are issued to the City by the New Brunswick Municipal Finance Corporation. Debentures have a term of 20 years and are based on market conditions at the time of borrowing, however, some debentures are required to be refinanced after 10 years. Debentures that require refinancing within the 10 -year period have been refinanced at a 4% interest rate for 10 years to account for expected increases in rates over time. In 2019, total debt payments are about $9.8 million and are expected to decline to $5.7 million by 2029. Of this $9.8 million, about $6.2 million is associated to water related services debt in 2019 and is expected to decline to about $3.7 million by 2029, as no further debt financing is expected over the planning period. The largest single outstanding debenture is currently for the new Loch Lomond Drinking Water Treatment Facility at $45 million in principal costs. Importantly, this debenture has not been included in the calculation of East Saint John Industrial raw water rates as it relates to potable water only. The following section outlines the allocation of total city-wide water related debt payments to the respective area. 3 Direct benefits Includes financing of infrastructure solely built to provide raw water to the East Saint John Industrial Water customers. Indirect benefit includes supporting infrastructure that is shared between East Saint john Industrial Water customers and the entire water distribution system. 4 With the exception of the water treatment plant which has a finance term of 30 years HEMSON KY'R 14 Figure 2 Total Water and Sewer Debt Payments 2019-2029 N $12.0 c $10.0 2 $8.0 $6.0 $4.0 $2.0 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Budget ®Total Water Payments ®Total Sewer Payments 2. Debt Allocated to East Industrial Customers Water infrastructure that specifically benefits East Saint John Industrial water customers has been identified based on shares of consumption, location and scope of infrastructure. This infrastructure has been largely debt financed, therefore annual debt payments associated to infrastructure identified to benefit industrial customers has been allocated to this user group. Water services debt has been separated between the East Saint John Industrial water customers and the city-wide potable system. The methodology is described below and summarized in Table 6: • The City identified a range of capital projects undertaken that benefit the East Industrial users of Irving Oil Ltd and Irving Paper (Flume) . Shares of projects that benefit these East Industrial users were determined based on a combination of categorizing benefiting projects and shares of consumption. In total about $1.3 million in annual debt payments were identified for 2020. The specific methodology is outlined in subsection 3 below. • The remaining water services debt amounting to approximately $4.7 million in 2020 is associated to infrastructure works benefitting the City-wide potable system and west industrial system. This share includes debt associated to the new water treatment plant. *Note: East Industrial debt is explained in Section 3 below. HEMSON 326 15 3. Debt Allocated to East Industrial Customers The City identified a range of capital projects undertaken that benefit the East Industrial users of Irving Oil Ltd. (IOL) and Irving Paper (Flume) . Each category is explained below. • Debt financing costs associated with capital works undertaken specifically on the East Saint John Industrial Water System, which benefit both Irving Oil Ltd. and Irving Paper (Flume) have been incorporated in the east industrial rate analysis. • The 2020 debt payments of $99,310 have been allocated to each user based on consumption (see Table 2) - Irving Oil Ltd. is allocated 73% of the annual payment while the remaining 27% of the debt can be attributed to Irving Paper (Flume) . • Debt financing costs associated with capital works undertaken specifically on the East Saint John Industrial Water System, which only benefit Irving Oil Ltd., have been treated separately. • The 2020 debt payment of $593,000 has been allocated entirely to Irving Oil Ltd. • Lastly, a share of the city-wide water system debt is considered to benefit Irving Oil Ltd., as well as other users throughout the City (except Irving Paper) . The total city-wide water debt, less debt already allocated to the East Saint John industrial users (i.e. $99,310 + $593,000 in 2020) and less debt payments associated to the new Water Treatment plant is allocated to Irving Oil Ltd. based on allocations outlined in Table 3. • On this basis, Irving Oil Ltd. would be allocated 25% (or $640,500) of the total applicable City-wide debt based on the total billed consumption outlined in Table 3. Table 7 below summarizes the debt allocated to each system in 2019 and 2020. East Industrial Debt Payment Customer Allocation Table 7 Allocation 2019 and 2019 Debt Payments 2020 2020 Debt Payments Irving Oil Ltd. $74,169 $72,395 Irving Paper (Flume) $27,575 $26,915 Combined Benefit to Irving Oil Ltd. and Irving Paper (Flume) $101,744 $99,310 Benefit to Irving Oil Ltd. Only $607,939 $593,034 City-wide Benefit to Irving Oil Ltd. $659,602 $640,458 Total East Industrial Debt Payments $1,369,285 $1,332,801 HEMSON KYXN 16 IV ASSET MANAGEMENT CONTRIBUTIONS AND RATE STABILIZATION Asset management contributions have been incorporated into the calculation of East Saint John Industrial raw water rates. The contributions have been determined based on the East Saint John Industrial Water Systems Asset Management Costing Report prepared by CBCL for the City of Saint John (CBCL report). A. EAST SAINT JOHN INDUSTRIAL WATER SYSTEM ASSETS The CBCL report identifies a replacement value of $105.9 million for the East Saint John Water Industrial Water System Assets. As shown in Table 7, of the total amount, $15.2 million is related to infrastructure which directly provides raw water service to this area. The total can further be delineated to $11.5 million associated with infrastructure to service Irving Oil Ltd. and $3.7 million to service Irving Paper (Flume) . The remaining $90.7 million includes shared city-wide assets which benefit a wider customer base than just the East Saint John Industrial Water System users. Detailed replacement costs by asset are provided in Appendix A. In addition to annual operating, maintenance and debt servicing costs, water infrastructure will require periodic rehabilitation and eventual replacement. When assets require rehabilitation or are due for replacement, the source of funds are essentially limited to reserves or contributions from operating. In maintaining a user - pay approach, it is important for the City to build sufficient reserves for the scheduled replacement of infrastructure through contributions from operating. The rehabilitation and replacement schedules were created using the asset management costing report prepared by CBCL for the East Saint John Industrial Water Systems. Provisions for infrastructure replacement are initially calculated for each asset based on their useful life and the anticipated cost of replacement. The aggregate of all individual provisions form the required annual contribution to a reserve fund. A full cost approach is employed to calculate the annual reserve fund contributions and is recognized as a fair approach to charging customers for the use of these assets. In calculating the annual provisions, a 2 per cent inflation rate and a 3.5 per cent investment rate are assumed throughout this analysis. HEMSON 01.11 17 Table 8 also shows the required annual provisions to maintain the East Saint John Industrial Water System in state of good repair amounts to just under $1.1 million. Of this amount, $139,500 per year is required to maintain the assets associated to providing raw water to Irving Oil Ltd. while a further $29,700 per year is needed for the assets associated to Irving Paper (Flume) . The remaining $902,700 is associated with the shared assets between the East Saint John Industrial Water System and the city-wide network. B. ALLOCATION OF ANNUAL ASSET MANAGEMENT EXPENDITURES Following a similar approach to the allocation of operating and debt cost to the East Industrial Water System users, asset management contributions related to the future replacement of water assets has been allocated to benefiting users of Irving Oil Ltd. and Irving Paper (Table 9) . The methodology used to allocate costs to the benefitting users is outlined below: • The CBCL report identifies the specific assets that are emplaced to provide raw water to Irving Oil Ltd. and Irving Paper (Flume) . The calculated annual capital provision required amounts to $169,200 per year ($139,500 + 29,700). The full allocation of those direct assets are included in the calculation of the raw water rates. • Recognizing that some of the assets are shared between the East Saint John Industrial Water System customers and the remaining city-wide user base, an indirect benefitting share of the calculated annual provision is also identified. Of the total $902,700 annual contribution, about $315,300 per year is estimated as the portion of shared assets that benefit Irving Oil Ltd. and Irving Paper (Flume) . HEMSON KNO-1 8 East Saint John ReplacementTable Industrial Water System Asset Customer Assets Replacement Annual Value (2019) Provision Irving Oil Ltd. • WTP to Commerce Drive (Transmission $11,521,843 $139,450 mains) • LHPS to Champlain Heights (Transmission mains) Irving Paper • Little River Reservoir Dam $3,727,493 $29,721 (Flume) • Little River Reservoir Culverts • Latimer Lake to IP (Raw water intake) Shared East • Various dams, buildings, flow meters, $90,671,289 $902,662 Industrial and transmission mains, headers and bridges City-wide Total $105,920,625 $1,071,834 B. ALLOCATION OF ANNUAL ASSET MANAGEMENT EXPENDITURES Following a similar approach to the allocation of operating and debt cost to the East Industrial Water System users, asset management contributions related to the future replacement of water assets has been allocated to benefiting users of Irving Oil Ltd. and Irving Paper (Table 9) . The methodology used to allocate costs to the benefitting users is outlined below: • The CBCL report identifies the specific assets that are emplaced to provide raw water to Irving Oil Ltd. and Irving Paper (Flume) . The calculated annual capital provision required amounts to $169,200 per year ($139,500 + 29,700). The full allocation of those direct assets are included in the calculation of the raw water rates. • Recognizing that some of the assets are shared between the East Saint John Industrial Water System customers and the remaining city-wide user base, an indirect benefitting share of the calculated annual provision is also identified. Of the total $902,700 annual contribution, about $315,300 per year is estimated as the portion of shared assets that benefit Irving Oil Ltd. and Irving Paper (Flume) . HEMSON KNO-1 100 The annual provision for common assets has been allocated based on shares of water consumption of East Saint John Industrial water users relative to the total billed consumption. Therefore, 35% (or $315,300) of the total provision is attributed to Irving Oil Ltd. and Irving Paper (Flume) while the remaining 65% or $587,300 is allocated to the remaining city-wide users. The asset management requirements of all common assets related to the East Saint John Industrial Water System, has been further allocated to Irving Oil Ltd. and Irving Paper (Flume) based on shares of consumption. Therefore of the total $315,300, 73% (or $229,900) is attributed to Irving Oil Ltd. and 27% (or $85,500) can be attributed to Irving Paper (Flume). In total, $484,500 represents the total fully calculated annual provision for all assets associated with the delivery of raw water to Irving Oil Ltd. and Irving Paper (Flume) . It is recognized that immediately implementing full cost recovery asset management provisions may place undue burden on raw water customers in the short-term. Therefore, the following key assumptions are recommended: 1. The asset management provisions associated with those assets which directly benefit Irving Oil Ltd. and Irving Paper (Flume) are to be 100% included in the calculation of the raw water rates for 2020. The asset management allocations associated with the shared assets which are considered to be an indirect benefit to Irving Oil Ltd. and Irving Paper (Flume) have not been fully included in 2020. To maintain consistency with the City- wide potable system, these contributions have been phased -in. a. In 2020, of the total indirect asset management provision required, only 20% of the indirect asset management contributions is included in the Irving Oil Ltd. and Irving Paper calculation of raw water rates. HEMSON 09191 9 East Saint John IndustrialTable Customer Direct Benefit Indirect Benefit . Total Irving Oil Ltd. $139,450 $229,868 $369,318 Irving Paper $29,721 $85,462 $115,183 (Flume) Total Annual $169,171 $315,330 $484,501 Contribution It is recognized that immediately implementing full cost recovery asset management provisions may place undue burden on raw water customers in the short-term. Therefore, the following key assumptions are recommended: 1. The asset management provisions associated with those assets which directly benefit Irving Oil Ltd. and Irving Paper (Flume) are to be 100% included in the calculation of the raw water rates for 2020. The asset management allocations associated with the shared assets which are considered to be an indirect benefit to Irving Oil Ltd. and Irving Paper (Flume) have not been fully included in 2020. To maintain consistency with the City- wide potable system, these contributions have been phased -in. a. In 2020, of the total indirect asset management provision required, only 20% of the indirect asset management contributions is included in the Irving Oil Ltd. and Irving Paper calculation of raw water rates. HEMSON 09191 19 C. RATE STABILIZATION RESERVE FUND The purpose of a Rate Stabilization Reserve is to provide funding to offset unanticipated operating budget variances, primarily arising from revenue shortfalls due to uncontrollable circumstances. Furthermore, maintaining adequate operating reserves enhances the system's ability to manage potential risks, provides the ability to manage fluctuations in revenue, and the ability to meet working capital needs. Based on AWWA's report, Benchmarking Performance Indicators for Water and Wastewater: 2016 Edition and best practice, the range of operating reserves for utilities is generally within the range of 2 to 12 months of operating expenses. For the purposes of this analysis, a contribution to a rate stabilization reserve fund has been incorporated into the calculations and set equal to 2 months of operational expenditures but net of fiscal services charges and asset management related expenditures. It is expected that these contributions will be monitored carefully over time to determine if the annual contributions need to be adjusted to better reflect changing conditions. Table 10 below provides a summary of the 2020 contribution relative to the projected 2020 operating expenditure for each customer. Note 1: Operating Costs as indicated in Table 5 HEMSON 331 WK V CALCULATED RATES In calculating the raw water rates for the East Saint John Industrial Water System users a number of assumptions were applied. The raw water rates are calculated to fully recover the cost of operating the system (inclusive of debt servicing requirements) as well as a share of the total annual contributions to asset replacement reserves. An immediate implementation of a rate that fully funds the calculated asset replacement contributions as identified in Section IV, based on the costing requirements outlined in the CBCL report, would result in significant impact to these two customers. The analysis is based on providing for a gradual movement towards full rates. Table 11 below provides a summary of the 2020 projected net rate funding requirement for the East Saint John Industrial Water System. The net rate funding need represents the amount of money that must be funded through the raw water utility rates related to Irving Oil Ltd. and Irving Paper at the Flume. For the purposes of this report, 2020 is predicated on projected expenses outlined in the draft budget. The costs identified above are then further allocated to both Irving Oil Ltd. and Irving Paper (Flume) . HEMSON KIM Table 11 Net Rate Funding Requirement for East Industrial Users Ref # Categories 2020 1 General Operating Expenditures $788,765 2 Fiscal Services (Debt Costs) $1,332,801 3 Asset Management Allocation $232,301 4 Rate Stabilization Reserve Contribution $131,461 Total Net Rate Funding Need = (1+2+3+4) $2,485,329 The costs identified above are then further allocated to both Irving Oil Ltd. and Irving Paper (Flume) . HEMSON KIM 21 A. CALCULATED CONSUMPTION RATE - IRVING OIL LTD. The total estimated cost of providing raw water to Irving Oil Ltd. amounts to about $2.3 million in 2020, and this amount divided by the total billable consumption of 8.4 million cubic metres, yields a volumetric charge of $0.2780 per cubic metre. Table 12 below illustrates the total raw water rate calculation for 2020. Table 12 Calculation of 2020 Raw Water Rates - Irving Oil Ltd. Description 2020 Calculated 1. Operating Costs East Watershed M mt Industrial $73,764 East Transmission (IND) $618,120 East Customer Metering $31,750 Subtotal Operating Costs $723,633 2. Fiscal Services (Debt) Irving Oil Ltd. share $1,305,886 3. Asset Management Allocation Irving Oil Ltd. share $185,471 4. Rate Stabilization Fund Contribution Irving Oil Ltd. share $120,606 5. Total Costs (1+2+3+4 = 5) $2,335,596 6. Annual Consumption (m3) Irving Oil ltd. 8,400,000 7. Calculated Rates (4/5 = 6) Irving Oil ltd. ($/m3) $0,2730 HEMSON 09193 22 B. CALCULATED CONSUMPTION RATE - IRVING PAPER (FLUME) The total cost of providing raw water to Irving Paper at the Flume is estimated at $149,700 in 2020. This amount divided by total billable consumption of 3.1 million cubic metres, yields a volumetric charge of $0.0479 per cubic metre. Table 13 below illustrates the total raw water rate calculation for 2020 and anticipated rates to come into force in 2020. Table 13 Calculation of 2020 Raw Water Rates - Irving Description Paper (Flume) 2020 Calculated 1. Operating Costs East Watershed M mt Industrial $33,382 East Transmission (IND) $0 East Customer Metering $31,750 Operating Costs $65,132 -Subtotal 2. Fiscal Services (Debt) Fiscal Services (Debt) $26,915 3. Asset Management Allocation Irving Paper (Flume) $46,831 4. Rate Stabilization Fund Contribution Irving Oil Ltd. share $10,855 5. Total Costs (1+2+3 = 4) $149,733 6. Annual Consumption (m3) Irving Paper (Flume) 3,123,000 7. Calculated Rates (4 / 5 = 6) Irving Raper (Flume) (1m3) $0.0479, , HEMSON 23 C. RATE IMPACTS In order to test the impact of the new rates on the City's two industrial customers affected by the change to a raw water rate billing structure expected in 2020, a sensitivity analysis was undertaken to quantify the rate impacts. Table 14 below illustrates the impact of the calculated raw water consumption based charges for both Irving Oil Ltd. and Irving Paper (at the Flume) . Note 1: Irving Oil current payment based on actuals to October 2019 and estimated to end of 2019. Irving Paper (Flume) is estimated based on projected consumption only based on the existing rate structure (see Table 1). Note 2: 2020 estimates are based on assumed consumption relative to historical trends. As a result of the changes in service delivery, Irving Oil Ltd. will see significant savings on the total bill as they transition to raw water based user fees and Irving Paper will see an increase in the total bill. HEMSON 09191 APPENDIX A DETAILED ASSET REPLACEMENT COSTS HEMSON 000 a, Y Y co co V V V V V V V V V V V V V V V V V V V V V V V O O O a a a a a a a a a E a a a a a E a a E a a a a a a 0 a a a O O v v v v v v v v v- Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q J J CL z z z z z a z .y a .y .y .y .y .y .y o 0 a a a a a a a a a c a a a a a c a a c a a a a a a c c — — — — — — — — — — — — — — — — — — — — — — — — — — — M OD W 0 r- N N OD Lf) I- O V O V V N Lf) N N OD V it I� V V M 0 0 N I-00 M M m V M M I- 00 O 00 O O O 0 M V 00 N �_ N N (O (O V M M U7 00 N N_ I� � O N V U7 W U7 00 I- M V I- O m M In (D 00 lf') N N LI)N O O M N lf') (O O LO N I� O M rl LL O C C O N iE '> 41 O N IL` a _ v c v c Q Q v v m U f6 U 6i7 6i7 ffi 6f, 6i7 6i7 6i7 6i7 6i7 6i7 6i7 ffi 6f, 6i7 6f, 6i7 60, 697 697 69 69 69 697 697 697 697 697 LP M M -1 M'zT M N V1 M M M N a -I O V1 I, M'zT M N O N I, V1 O M S M a -I lD M M V1 V1 M �O 'zT O O �O O N �O V1 'zT 00 O O V1 'zT M n �O N O M V1 00 M � 00 1-tV1 M 00 V1 � � c -I � Ol O n � � O n lG Q � � c -I M �D m 00 Ln I, � 00 � M r, c -I m Q 00 a) c -I m 00 n 00 ZT n O - � -1 lD N N N M Ln O �D M M c -I lD 00 V1 O � ID n O lzz 01 N N N V1 Ln a -I 00 N 00 V1 r, ZT LM � C E NO U CV f6 HT N � � to Q V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) V) VP N v U C N � c aJ D_ -O C E aJ N aJ a Y J 2 a E (6 Ll Q i Y yi J C C C F E E- v a, 00 °J — m yFa a aJ (6 - J C c4J Q) J C E aJ c mit N M Q Q E i aJ a> aJ Vl sN+ N •� 3 aJ Q LL N aJ aJ E (6 7 E aJ aJ vii O O O E° s s a3 o m H caj O v c� E E 0 `° C Q LL m U m Q C O n3 n3 y a, p o v c c c ar E E E 7 763Y E Q NE O O aJ Q N N Y Y N aj N Lu, LL (6 C C C _-D W N m e c c m c c c m Y d' aJ _ aj aj Y J J C C (6 Q (6 (6 (6 -p aJ v •vt vt vt = aJ aJ aJ J J J J Oaj J J C C aJ i c s v E E E O v aJ m m v v E J a, E E E v v v v E c c c E c -z-, t6 caj U cU ? N (6 (6 (6 (Y6 N O (>6 n3 n3 n3 L (6 (6 (6 Q WEST SAINT JOHN INDUSTRIAL RAW WATER RATE REPORT 19191:3 SAINT JOHN HEMSON consulting Ltd. November 2019 TABLE OF CONTENTS EXECUTIVE SUMMARY...............................................................................................1 1 BACKGROUND AND STUDY OBJECTIVE.........................................................4 A. BACKGROUND.........................................................................................4 B. STUDY OBJECTIVE....................................................................................5 II RAW WATER DEMAND ANALYSIS....................................................................7 A. RAW WATER CONSUMPTION ADJUSTMENTS........................................7 B. CONSUMPTION ALLOCATIONS..............................................................8 III OPERATION AND MAINTENANCE COSTS.......................................................9 A. OPERATING EXPENDITURES....................................................................9 B. CITY-WIDE DEBT ASSUMPTIONS BY SYSTEM........................................1 1 IV ASSET MANAGEMENT CONTRIBUTIONS AND RATE STABILIZATION .........15 A. WEST SAINT JOHN INDUSTRIAL WATER SYSTEM ASSETS ....................15 B. ALLOCATION OF ANNUAL ASSET MANAGEMENT EXPENDITURES ..... 16 C. RATE STABILIZATION RESERVE FUND...................................................18 V CALCULATED RATES.......................................................................................19 A. CALCULATED CONSUMPTION RATE - IRVING PULP AND PAPER ......20 B. CALCULATED CONSUMPTION RATE - NB POWER (COLESON COVE) 21 C. RATE IMPACTS........................................................................................ 22 Appendix A Detailed Asset Replacement Costs HEMSON 00:j EXECUTIVE SUMMARY The City embarked upon the construction of a 75 million litre per day water treatment plant, the renewal and installation of 26 kilometres of water transmission/distribution mains, the renewal of 3 dams and the development of the new South Bay Wellfield at a cost upwards of $200 million to bring safe, clean drinking water to the citizens of Saint John. These changes, combined with Council's priority to investigate options to allocate water costs among rate payers, necessitates a review of the water rates for non- residential users. These changes apply to large industrial users using non -potable (or raw water) but will consequently have an impact on potable user rates as well. Hemson was retained by the City of Saint John to undertake a comprehensive Water and Sewer Rate Study. The rate study consists of four components with the view of calculating new user rates under the following scenarios: 1) Calculating utility rates under the City's existing water and sewer rate structure for all potable water users; 2) Raw water rate analysis for Irving Oil Ltd. and Irving Paper (at the Flume), on the East Saint John Industrial Water System receiving services; 3) Raw water rate analysis for Irving Pulp & Paper and the NB Power Generating Station (Coleson Cove) on the West Saint John Industrial Water System receiving services; and 4) Examine the costs and benefits of universal metering in the City. Alternative rate structures and sensitivity analyses under a metering scenario for all users on the potable system. This report addresses the raw water rate analysis for two customers receiving services: Irving Pulp & Paper and the NB Power Generating Station (Coleson Cove) on the West Saint John Industrial Water System. The full cost analysis reveals that: The required west raw water user rate revenue in 2020 is forecast based upon expenditures of just about $3.1 million. To achieve full cost recovery, the amount of revenue which must be collected through the sale of raw water to fully recover operating costs, debt servicing costs and capital asset replacement costs of the West Saint John Industrial Water System assets is $3.1 million in 2020. R Min E i7-1 I • Of this total, the costs have been further allocated to both Irving Pulp and Paper and NB Power (Coleson Cove) customers on a range of factors. In order for the City to recover costs associated with providing services, necessary adjustments to the utility rates are required. The table below provides a snapshot of the total net funding requirement and the calculated utility rates for both customers under the proposed rate structure expected to come into effect in 2020. In order to test the impact of the new rates on the City's two industrial customers affected by the change in service delivery from potable to raw water, a sensitivity analysis was undertaken to quantify the rate impacts. It is important to note, that for the purposes of this report it has been assumed that implementation of new raw water rates is expected to occur in 2020, with the existing rate structure to be used throughout 2019. The table below illustrates the impact of the newly calculated raw water consumption based charges for both Irving Pulp and Paper and NB Power (Coleson Cove). • Irving Pulp and Paper is expected to see an increase of about $557,400. This increase fully reflects debt costs and asset management contributions associated to infrastructure to provide raw water to Irving Pulp and Paper. Calculation of Description 2020 Raw Water Rates Irving Pulp and Paper NB Power (Coleson Cove) 1.Operating Costs West Watershed M mt Industrial $488,084 $7,829 West Transmission (IND) $1,069,528 $17,156 West Customer Metering $30,036 $30,036 Subtotal Operating Costs $1,587,648 $55,022 2. Fiscal Services (Debt) $318,243 $2,656 3. Asset Management and Capital from Operating Asset Management $490,989 $94,610 Capital from Operating $225,178 $3,612 Subtotal $716,167 $98,222 4. Rate Stabilization Reserve $264,608 $9,170 5. Total Costs (1+2+3 = 4) $2,886,666 $165,070 6. Annual Consumption (m3) 39,000,000 625,600 7. Calculated Rats {4/5 = 6) $fl.t174t1 9.26319 In order to test the impact of the new rates on the City's two industrial customers affected by the change in service delivery from potable to raw water, a sensitivity analysis was undertaken to quantify the rate impacts. It is important to note, that for the purposes of this report it has been assumed that implementation of new raw water rates is expected to occur in 2020, with the existing rate structure to be used throughout 2019. The table below illustrates the impact of the newly calculated raw water consumption based charges for both Irving Pulp and Paper and NB Power (Coleson Cove). • Irving Pulp and Paper is expected to see an increase of about $557,400. This increase fully reflects debt costs and asset management contributions associated to infrastructure to provide raw water to Irving Pulp and Paper. 3 • NB Power (Coleson Cove) is expected to see a decrease of about $477,600. This decrease is associated to the change in billing from potable water to raw water. Comparison Customer Assumed 2020 Consumption (m3) Current 2019 Payment Under Existing RatesM Calculated 2020 Difference M Payment under Raw Water Billing(2) Irving Pulp and Paper 39,000,000 $2,329,200 $2,886,666 $557,446 NB Power 1 625,600 1 $642,700 $165,070 $(477,630) Note 1 : Irvin2 PUID and Paper current oavment based on actuals to October 2019 and estimated to end of 2019. NB Power is estimated based on projected consumption only based on the existing rate structure (see Table 1). Note 2: 2020 estimates are based on assumed consumption relative to historical trends. The City has undertaken the west industrial rate analysis to more accurately allocate costs of providing water services among rate payers. The results of the study reflects a shift in service delivery which started in 2018 with the construction of the new treatment plant and the expected change to raw water supply to west industrial users. Historically, all costs and revenues for all users have been captured under the one potable water budget, however moving forward both the costs of providing raw water services and the revenues generated will be recorded independently from the potable system. This process has been implemented for the approved 2019 Saint John Water operating and capital budget. As a result, the share of costs associated with providing raw water to west industrial systems are attributed to those systems. The cost recovery approach applied to calculate the user rates is consistent with the requirements of the Local Governance Act which requires water and sewer services to be balanced on an annual basis. As a result of the changes in billing practice, NB Power (Coleson Cove) will see significant savings on the total bill and Irving Pulp and Paper will see an increase, as these customers transition to raw water based user fees. MMID MMMN In I BACKGROUND AND STUDY OBJECTIVE A. BACKGROUND The City embarked upon the construction of a 75 million litre per day water treatment plant, the renewal and installation of 26 kilometres of water transmission/distribution mains, the renewal of 3 dams and the development of the new South Bay Wellfield at a cost upwards of $200 million to bring safe, clean drinking water to the citizens of Saint John. The Loch Lomond Drinking Water Treatment Facility is located near the Little River Reservoir by Lakewood Heights and is part of the "Safe Clean Drinking Water Project" which will reduce the occurrence of boil water orders and service interruptions. The plant entered service on August 30, 2018. With the construction of the new plant, separation of the potable and east industrial water supply can be accomplished, thereby requiring an adjustment in the way the City delivers services to both residential and non-residential customers. These changes necessitate a review of the water rates for non-residential users, most notably large industrial users using non -potable (or raw water), which in turn, will have an impact on potable user rates. This report addresses the raw water rate analysis for two customers, Irving Pulp and Paper and NB Power (Colson Cove), on the West Saint John Industrial Water System. Historically, these customers have paid potable water rates or special negotiated user rates, however, moving forward, these customers will be billed for the full cost of providing raw water. The City of Saint John supplies two major industrial water customers from the Spruce Lake and Musquash watersheds in the west utilizing two dedicated transmission systems isolated from the potable distribution system. The first major industrial customer is NB Power. The water transmission feed from Spruce Lake is referred to as the Coleson Cove System and consists of an intake, screen building, and transmission main supplying processed water to the Coleson Cove Power Generating Plant. The second major industrial customer in the west is Irving Pulp and Paper (IPP). The water transmission feed from the Spruce Lake system consists of an intake pipe, screen building and a transmission main to the clear well at the Irving Pulp and Paper (IPP) Mill. The Musquash system supplements the Spruce Lake/Ludgate Lake watershed by pumping. The Musquash Pumping Station is situated on the East Branch of the Musquash and is interconnected to Menzies Lake by a transmission main. The lakes Ma a ft IV, Y , __ k are defined by two earth dams and two concrete structures to maintain a top water level. Raw water service and potable water service are quite different in many respects. Aside from the difference in quality, more complex infrastructure and servicing requirements are needed to provide potable water service as opposed to raw water. This results in vast differences in costs and ultimately the rates between the raw water users and the potable water system. B. STUDY OBJECTIVE Hemson was retained by the City of Saint John to undertake a comprehensive Water and Sewer Rate Study. The rate study contains four components with the view of calculating new user rates under the following scenarios: 1) Calculating utility rates under the City's existing water and sewer rate structure for all potable water users; 2) Raw water rate analysis for Irving Oil Ltd. and Irving Paper (Flume), on the East Saint John Industrial Water System receiving services; 3) Raw water rate analysis for Irving Pulp & Paper and the NB Power Generating Station (Coleson Cove) on the West Saint John Industrial Water System receiving services; and 4) Examine the costs and benefits of universal metering in the City. Alternative rate structures and sensitivity analyses under a metering scenario for all users on the potable system. This report addresses the raw water rate analysis for Irving Pulp & Paper and the NB Power Generating Station (Coleson Cove) on the West Saint John Industrial Water System. For the purposes of this report, it has been assumed that implementation of new raw water rates is expected to occur in 2020, with the existing rate structure continuing to be used throughout 2019. Therefore, for reference purposes, raw water costs are illustrated based on the approved 2019 Saint John Water Budget while the rates are calculated for 2020 based on projected costs as outlined in the draft budget. In undertaking this analysis, a utility rate model was developed and serves as a dynamic rate setting tool. Using the model, the City is able to perform sensitivity analyses of raw water rates, rate structure and also phase-in options. Figure 1 illustrates the overall approach. Figure 1 Utility Rate Setting Model 7 II RAW WATER DEMAND ANALYSIS Future costs for the City to provide raw water to the West Saint John Industrial customers will largely be driven by demands placed on the system by these consumers. A forecast of future consumption demands must therefore be developed. A. RAW WATER CONSUMPTION ADJUSTMENTS With the completion of the Safe Clean Drinking Water Project and undertaking a full cost recovery rate approach, there will be an adjustment in the way the City's existing large industrial customers are billed for services. The purpose of this adjustment is to bring uniformity to the City's billing approach and to more accurately allocate water costs among rate payers. Historically, these customers have paid potable water rates or special negotiated user rates, however, moving forward, these customers will be billed for the full cost of providing raw water. Table 1 below summarizes the existing billing structure in 2019 and associated projected consumption (based on a 5 -year average) for each customer related to the proposed new 2020 billing structure. Irving Pulp and Paper (IPP) is currently billed for water services based on a blend of special agreement rates and city-wide potable water rates while NB Power (Coleson Cove) is billed solely on city-wide potable water rates. In total, these customers are anticipated to consume about 39.6 million cubic metres in 2019 and 2020. Table 1 Summary of West Saint John Water Consumption Customer 2019/2020 Billed Existing Consumption and New Raw Water Rate Consumption Billing Structure: 2020 Billing Projection Irving Pulp and 39,000,000 m3 • Combined 60" and 30" • New West Industrial Raw Paper raw/potable water lines to Water Rate specific to IPP - Combined Special Irving Pulp and Paper Agreement Rates and potable water rates NB Power 625,600 m3 • City-wide potable water • New West Industrial Raw (Coleson Cove) rates Water Rate specific to NB Power Total 39,625,600 m3 Con sum tion Hel Changes in non-residential consumption activity is often difficult to predict as consumption patterns can be dependent on the general economic climate as well as general processes of a business. Typically, non-residential customers continue to adapt operations to be more efficient and environmentally friendly. Therefore, for the purposes of this study, no growth in overall raw water consumption is assumed over the forecast period and remains at a similar level in 2020. B. CONSUMPTION ALLOCATIONS' For the purposes of setting raw water rates for West Saint John Industrial customers, general operating costs, existing debt financing expenditures as well as general asset management provisions, have been allocated to each user based on a 5 -year average (2013-2017) of west industrial water consumption. Total consumption on the west industrial system totals 39.6 million cubic metres. Of this, 39.0 million cubic metres or 98% of total water billed is associated to consumption by Irving Pulp and Paper while the remaining 625,600 cubic metres, or 2% of total water, is associated to consumption by NB Power (Coleson Cove). I The potable water consumption forecast for the city-wide potable system is analyzed in detail in the "Water and Sewer Rate Study"for the potable systems provided under separate cover. Old IV,new N III OPERATION AND MAINTENANCE COSTS The revenue the City needs to collect from west industrial customers through user rates is calculated by first identifying the full operating costs of providing and maintaining raw water services. A. OPERATING EXPENDITURES The City of Saint John utility systems are operated in accordance with provincial legislation that ensures safety, quality and reliability. The City of Saint John operation and maintenance costs are comprised of three key components for the purposes of this report: 1. West Watershed Management Industrial: includes costs of operating, maintenance and protection of the watershed that benefits west industrial customers. 2. Transmission: includes the operation and maintenance costs of Musquash pumping and transmission as well as screening to provide raw water to both Irving Pulp and Paper and NB Power (Coleson Cove). 3. West Customer Metering: includes the operation and maintenance of customer meters for the west industrial customers. As the West Saint John Industrial Water customers transition to a raw water based billing structure, a share of the City's costs have been allocated for recovery by these customers. This section outlines the allocation of costs associated to supplying raw water to west industrial customers based on the 2019 approved budget.' Details of the operating costs are provided in the following sections. Asset management contributions required to maintain assets in a state of good repair are outlined in Section IV of this report with further details provided in Appendix A. 1. West Industrial General Operating Expenditures City staff have identified all costs associated to operating and supplying raw water to West Saint John Industrial customers as part of the approved 2019 budget. In 2 Details on the allocation of costs for the city-wide potable system and West Industrial System are analyzed m detailin the "Water and Sewer Rate Study"provided under separate cover. 10 particular, specific accounts and portions of total costs that can reasonably be associated to the West Saint John Industrial Water System have been identified, and total about $1.74 million in 2019 as shown in Table 3. Table 3 also shows the methodology and allocation of total operational costs to both customers on the West Saint John Industrial Water System. In total $1.68 million in general operating costs have been allocated to Irving Pulp and Paper and $59,700 has been allocated to NB Power (Coleson Cove). Table 3 Raw Water Cost Allocations Based on the 2019 Approved; General Approved 2019 Allocations Operating Budget Description 2019 Irving Pulp NB Power Methodology and Paper West Watershed $523,530 $515,264 $8,265 • Benefit provided to both users Mgmt Industrial • Costs allocated based on consumption - 98% Irving Pulp and Paper and 2% NB Power West $1,147,833 $1,129,711 $18,122 • Benefit provided to both users Transmission (Industrial) • Costs allocated based on consumption - 98% Irving Pulp and Paper and 2% NB Power West Customer $66,556 $33,278 $33,278 • Benefit provided to both users Metering • Costs allocated 50% Irving Pulp and Paper and 50% NB Power Total West $1,737,919 $1,678,253 $59,665 Industrial Water System Operating Costs Note: 2019 Metering expenditures represent west customers only. Table 4 below illustrates the projected operating costs of the west industrial system in 2020 based on the draft budget. Overall, operating costs are projected to decrease, from 2019, as a result of overall system -wide efficiencies found. Table 4 Raw Water Operating Area 2019 Approved 2020 Projected (1) Budget West Watershed M mt Industrial $523,530 $495,913 West Transmission (Industrial) $1,147,833 $1,086,684 West Customer Metering $66,556 $60,073 Total East Industrial Water System Operating $1,737,919 $1,642,671 Costs Note 1: Based on Dratt 2020 budget B. CITY-WIDE DEBT ASSUMPTIONS BY SYSTEM The City has regularly issued debt to fund the repair and replacement of existing water and sewer assets as well as emplacing the infrastructure needed to facilitate new development. Many of these capital projects provided benefits to both residential and non-residential customers across different user groups: potable users as well as east and west Saint John industrial users. The rate setting analysis accounts for all existing water and sewer annual debt payments incurred by the City. To allocate debt costs associated to financing of infrastructure that benefits West Saint John Industrial customers, a three step process was used: 1. Determine shares of the total city-wide debt associated to water and sewer services separately. West Saint John Industrial users are not connected to the sewer system and therefore only benefit from the infrastructure improvements on the water system. 2. Of the total water services debt, determine the shares which can be attributed to the West Saint John Industrial Water system. This includes shares of infrastructure financing that benefit West Saint John Industrial users directly. 3. Of the total debt attributed to the West Saint John Industrial Water System, determine the share of which can reasonably be allocated to Irving Pulp and Paper and NB Power (Coleson Cove). 1. City -Wide Debt It has been the practice of the City in recent years to issue blended debentures for various City services in order to fund capital repair and replacement requirements. Figure 2 summarizes the total annual debt payments associated with the water and sewer systems over the 2019 to 2029 period. Debentures are issued to the City by the New Brunswick Municipal Finance Corporation. Usually, debentures have a term of OldA(.Y�7► 12 20 years and are based on market conditions at the time of borrowing, however some debentures are required to be refinanced after 10 years. Debentures that require refinancing within the 10 -year period have been refinanced at a 4% interest rate for 10 years to account for expected increases in rates over time. In 2019, total debt payments are about $9.8 million and are expected to decline to $5.7 million by 2029. Of this $9.8 million, about $6.2 million is associated to water related services debt in 2019 and is expected to decline to about $3.7 million by 2029, as no further debt financing is expected over the planning period. The largest single outstanding debenture is currently for the new Loch Lomond Drinking Water Treatment Facility at $45 million in principal costs. Importantly, this debenture has not been included in the calculation of West Saint John Industrial raw water rates as it relates to potable water only. The following section outlines the allocation of total City-wide water related debt payments to the respective area. Figure 2 Total Water and Sewer Debt Payments 2019-2029 N $12.0 c $10.0 2 $8.0 $6.0 $4.0 $2.0 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Budget ® Total Water Payments ® Total Sewer Payments 2. Debt Allocated to West Industrial Users Water infrastructure that specifically benefits West Saint John Industrial water customers has been identified based on shares of consumption, location and scope of infrastructure. This infrastructure has been largely debt financed, therefore annual debt payments associated to infrastructure identified to benefit industrial customers has been allocated to this user group. Water services debt has been separated between the West and East Saint John Industrial water customers and the City-wide potable system. The methodology is described below and summarized in Table 5: 3 With the exception of the water treatmentplant which has a finance term of30 years. Old�(.Y�7► 13 The City identified a range of capital projects undertaken that benefit the west industrial users of Irving Pulp and Paper and NB Power (Coleson Cove). Shares of projects that benefit these west industrial users were determined based on a combination of categorizing benefiting projects and shares of consumption. In total about $320,900 in annual debt payments were identified for 2020. The specific methodology is outlined in subsection 3 below. The remaining water services debt amounting to $5.72 million in 2020 is associated to infrastructure works benefitting the city-wide potable system and east industrial system. This share also includes debt associated to the new water treatment plant. 3. Debt Allocated to West Industrial Customers The City identified a range of capital projects undertaken that benefit the west industrial users of Irving Pulp and Paper (IPP) and NB Power (Coleson Cove). Each category is explained below. Debt financing costs associated with capital works undertaken specifically on the West Saint John Industrial Water System, which benefit both Irving Pulp and Paper and NB Power (Coleson Cove) have been incorporated in the west industrial rate analysis. The 2020 debt payments of $168,200 have been allocated to each user based on consumption — Irving Pulp and Paper is allocated 98% of the annual payment while the remaining 2% of the debt can be attributed to NB Power (Coleson Cove). Debt financing costs associated with capital works undertaken specifically on the West Saint John Industrial Water System, which only benefit Irving Pulp and Paper, have been treated separately. The 2020 debt payment of $152,700 has been allocated entirely to Irving Pulp and Paper. OldIV, (.Y�7► 14 Table 6 West Industrial Debt Payment Allocation Customer Allocation 2019 Debt 2020 Debt Payments Payments Irving Pulp and Paper $169,919 $165,562 NB Power (Coleson Cove) $2,726 $2,656 Combined Benefit to Irving Pulp and $172,645 $168,218 Paper and NB Power Benefit to Irving Pulp and Paper $155,638 $152680 Total West Industrial Debt Payments $328,282 $320,898 Olda(.Y�7► 15 IV ASSET MANAGEMENT CONTRIBUTIONS AND RATE STABILIZATION Asset management contributions have been incorporated into the calculation of West Saint John Industrial raw water rates. The contributions have been determined based on the West Saint John Industrial Water Systems Asset Management Costing Report prepared by CBCL for the City of Saint John (CBCL report). A. WEST SAINT JOHN INDUSTRIAL WATER SYSTEM ASSETS The CBCL report identifies a replacement value of $87.4 million for the West Saint John Industrial Water System Assets (Table 7). Detailed replacement costs by asset are provided in Appendix A. In addition to annual operating, maintenance and debt servicing costs, water infrastructure will require periodic rehabilitation and eventual replacement. When assets require rehabilitation or are due for replacement, the source of funds are essentially limited to reserves or contributions from operating. In maintaining a user -pay approach, it is important for the City to build sufficient reserves for the scheduled replacement of infrastructure through contributions from operating. The rehabilitation and replacement schedules were created using the asset management costing report prepared by CBCL for the West Saint John Industrial Water Systems. Provisions for infrastructure replacement are initially calculated for each asset based on their useful life and the anticipated cost of replacement. The aggregate of all individual provisions form the required annual contribution to a reserve fund. A full cost approach is employed to calculate the annual reserve fund contributions and is recognized as a fair approach to charging customers for the use of these assets. In calculating the annual provisions, a 2 per cent inflation rate and a 3.5 per cent investment rate are assumed throughout this analysis. Table 7 also shows the required annual provision to maintain the West Saint John Industrial Water System in state of good repair is $585,600 per year. Of this amount, $89,000 per year is required to maintain the specific assets associated to providing raw water to NB Power (Coleson Cove) while a further $144,200 per year is needed for the assets associated to Irving Pulp and Paper. The remaining $352,400 is associated with the shared assets between the two Saint John Industrial Water System customers. The annual asset management provision is then further delineated between the two customers which is described in the following section. Olram(.Y�7► 16 Note*: The actual replacement cost of this asset is about $43.7 million, however, the cost has been adjusted to reflect the type of capital investment that is expected to occur (in the future this asset is anticipated to be constructed to a different standard). That said, if the transmission main needs to be replaced to a similar standard as currently provided, the remaining $33.7 million should be funded directly from Irving Pulp and Paper. B. ALLOCATION OF ANNUAL ASSET MANAGEMENT EXPENDITURES Following a similar approach to the allocation of operating costs to the West Saint John Industrial Water System users, asset management contributions related to the future replacement of water assets has been allocated to benefiting users of Irving Pulp and Paper and NB Power. The methodology used to allocate costs to the benefitting users is outlined below: The CBCL report identifies the specific assets that are emplaced to provide raw water to Irving Pulp and Paper and NB Power. The calculated annual capital provision required for NB Power is $89,000 and $144,200 for Irving Pulp and Paper. The full allocation of those direct assets are included in the calculation of the raw water rates. Recognizing that some of the assets are shared between both West Saint John Industrial Water System customers, the remaining amount is distributed to each customer. Ruffild�(.YN► Table 7 West Saint John Industrial Water System Asset Replacement Value and Required Annual Provision Customer Assets Replacement Annual Value (2019) Provision NB Power • Coleson Cove 1 500mm Transmission $9,968,240 $89,046 (Coleson Cove) Intake • Coleson Cove Screen Building • Coleson Cove 600mm Transmission Main Irving Pulp and • Spruce Lake Transmission Main $15,482,359 $144,183 Paper . Spruce Lake Intake (1800mm) • Spruce Lake Screen Building IPP and NB Power . Musquash Pumping Station $28,233,456 $352,369 Combined Benefit • Transmission Main From Musquash • Menzies Lake Dams • Spruce Lake Dam Total Adjusted $53,684,054 $585,599 Spruce Lake • Spruce Lake Transmission Main $33,698,367 $0 Transmission Main (Remaining Cost) Adjustment* Total $87,382,421 $585,599 Note*: The actual replacement cost of this asset is about $43.7 million, however, the cost has been adjusted to reflect the type of capital investment that is expected to occur (in the future this asset is anticipated to be constructed to a different standard). That said, if the transmission main needs to be replaced to a similar standard as currently provided, the remaining $33.7 million should be funded directly from Irving Pulp and Paper. B. ALLOCATION OF ANNUAL ASSET MANAGEMENT EXPENDITURES Following a similar approach to the allocation of operating costs to the West Saint John Industrial Water System users, asset management contributions related to the future replacement of water assets has been allocated to benefiting users of Irving Pulp and Paper and NB Power. The methodology used to allocate costs to the benefitting users is outlined below: The CBCL report identifies the specific assets that are emplaced to provide raw water to Irving Pulp and Paper and NB Power. The calculated annual capital provision required for NB Power is $89,000 and $144,200 for Irving Pulp and Paper. The full allocation of those direct assets are included in the calculation of the raw water rates. Recognizing that some of the assets are shared between both West Saint John Industrial Water System customers, the remaining amount is distributed to each customer. Ruffild�(.YN► 17 • The asset management requirements of all common assets related to the West Saint John Industrial Water System, has been further allocated to Irving Pulp and Paper and NB Power (Coleson Cove) based on shares of consumption. Therefore of the total $352,400, 98% (or $346,800) is attributed to Irving Pulp and Paper and 2% (or $5,600) can be attributed to NB Power (Coleson Cove). • In total, $585,600 represents the total fully calculated annual provision for all assets associated with the delivery of raw water to Irving Pulp and Paper and NB Power (Coleson Cove). The asset management provisions associated with those assets which directly benefit Irving Pulp and Paper and NB Power (Coleson Cove) are to be 100% included in the calculation of the raw water rates for 2020. In addition to the above noted asset management expenditures, the City has identified $5.3 million in asset renewal expenditures (for which the City is responsible for funding) associated with the Musquash Pumping Station and related infrastructure which services both Irving Pulp and Paper and NB Power (Coleson Cove). The annual asset management contributions identified in this analysis would not be sufficient in the short-term to cover these expenditures, therefore, the cost of these works has been included in the calculations over a ten-year period. Table 8 below summarizes the total capital investment required as well as the annual capital from operating funding that has been incorporated into the calculation of west industrial raw water rates. Note 1: It is assumed that the annual asset management contributions related to Musquash Infrastructure would be applied to fund these immediate expenditures in the short -medium term. The capital from operating contribution of $228,800 identified in Table 8 has been further allocated to Irving Pulp and Paper and NB Power (Coleson Cove) based on shares of consumption. Therefore of the total $228,800, 98% (or $225,200) is attributed to Irving Pulp and Paper and 2% (or $3,600) can be attributed to NB Power (Coleson Cove). OldA(.Y�7► OperatingWest Saint John Industrial System: Capital from Details of Work Capital Cost Ref # 1 Musquash Water Pumping Station Electrical Substation $1,882,200 2 Upgrade/reconstruction — appropriate pump sizing, electrical upgrades, flood proofing, etc. Including design and construction management services. $3,400,000 3 Total West Industrial Asset Renewal Cost (1+2) $5,282,200 4 Total Annual Cost over 10 -Years (3 / 10 ears) $528,220 5 Less: Annual Asset Management Contributions $299,430 6 Annual Capital from Operating Contribution Required (4 — 5 = 6) $228,790 Note 1: It is assumed that the annual asset management contributions related to Musquash Infrastructure would be applied to fund these immediate expenditures in the short -medium term. The capital from operating contribution of $228,800 identified in Table 8 has been further allocated to Irving Pulp and Paper and NB Power (Coleson Cove) based on shares of consumption. Therefore of the total $228,800, 98% (or $225,200) is attributed to Irving Pulp and Paper and 2% (or $3,600) can be attributed to NB Power (Coleson Cove). OldA(.Y�7► C. RATE STABILIZATION RESERVE FUND The purpose of a Rate Stabilization Reserve is to provide funding to offset unanticipated operating budget variances, primarily arising from revenue shortfalls due to uncontrollable circumstances. Furthermore, maintaining adequate operating reserves enhances the system's ability to manage potential risks, provides the ability to manage fluctuations in revenue, and the ability to meet working capital needs. Based on AWWA's report, Benchmarking Performance Indicators for Water and Wastewater: 2016 Edition and best practice, the range of operating reserves for utilities is generally within the range of 2 to 12 months of operating expenses. For the purposes of this analysis, a contribution to a rate stabilization reserve fund has been incorporated into the calculations and set equal to 2 months of operational expenditures but net of fiscal services charges and asset management related expenditures. It is expected that these contributions will be monitored carefully over time to determine if the annual contributions need to be adjusted to better reflect changing conditions. Table 9 below provides a summary of the 2020 contribution relative to the projected 2020 operating expenditure for each customer. Note 1: Operating Costs as indicated in Table 4 Muffild�(.YN► 19 V CALCULATED RATES In calculating the raw water rates for the West Saint John Industrial Water System users a number of assumptions were applied. The raw water rates are calculated to fully recover the cost of operating the system (inclusive of debt servicing requirements) as well as annual contributions to asset replacement reserves. The analysis assumes implementation of a rate that fully funds the calculated asset replacement contributions as identified in Section IV, based on the costing requirements outlined in the CBCL report. Table 10 below provides a summary of the 2020 projected net rate funding requirement for the West Saint John Industrial Water System. The net rate funding need represents the amount of money that must be funded through the raw water utility rates related to Irving Pulp and Paper and NB Power. For the purposes of this report, 2020 is predicated on projected expenses outlined in the draft budget. It is assumed that raw water rates will come into effect in 2020. The costs identified above are then further allocated to both Irving Pulp and Paper and NB Power (Coleson Cove). Old�---Y�7► Table 10 Net Rate Funding Requirement for West Industrial Users Ref # Categories 2020 1 General Operating Expenditures $1,642,671 2 Fiscal Services (Debt Costs) $320,898 3 Asset Management Allocation $585,599 4 Capital from Operating $228,790 5 Rate Stabilization Reserve Contribution $273,778 Total Net Rate Funding Need = (1+2+3+4+5) $3,051,736 The costs identified above are then further allocated to both Irving Pulp and Paper and NB Power (Coleson Cove). Old�---Y�7► I1 A. CALCULATED CONSUMPTION RATE — IRVING PULP AND PAPER The total cost of providing raw water to Irving Pulp and Paper amounts to $2.9 million in 2020, and this amount divided by the total billable consumption of 39.0 million cubic metres, yields a volumetric charge of $0.0740 per cubic metre. Table II illustrates the total raw water rate calculation for 2020. Table 11 Calculation of 2020 Raw Water Rates Irving Description Pulp and Paper 2020 Calculated 1.Operating Costs West Watershed M mt. Industrial $488,084 West Transmission (IND) $1,069,528 West Customer Metering $30,036 Subtotal Operating Costs $1,587,648 2. Fiscal Services (Debt) Irving Pulp and Paper $318,243 3. Asset Management and Capital from Operating Asset Management $490,989 Capital from Operating $225,178 Subtotal $716,167 4. Rate Stabilization Reserve Irving Pulp and Paper $264,608 5. Total Costs (1+2+3+4 = 5) $2,886,666 6. Annual Consumption (m3) Irving Pulp and Paper 39,000,000 7. Calculated Rates (4/5 = 6) Irving Pulp and Paper $10040 OldIV,(.Y�7► 21 B. CALCULATED CONSUMPTION RATE — NB POWER (COLESON COVE) The total cost of providing raw water to NB Power is estimated at $165,070 in 2020. This amount divided by total billable consumption of 625,600 cubic metres, yields a volumetric charge of $0.2639 per cubic metre. Table 12 illustrates the total raw water rate calculation for 2020. Table 12 Calculation of 2020 Raw Water Rates - NB Power (Coleson Cove) Description 2020 Calculated alculated1.0 - 1. Oeratin Costs West Watershed M mt Industrial $7,829 West Transmission (IND) $17,156 West Customer Metering $30,036 Subtotal Operating Costs $55,022 2. Fiscal Services (Debt) NB Power (Coleson Cove) $2,656 3. Asset Management and Capital from Operating Asset Management - $94,610 Capital from Operating $3,612 Subtotal $98,222 4. Rate Stabilization Reserve NB Power (Coleson Cove) $9,170 5. Total Costs (1+2+3+4 = 5) $165,070 6. Annual Consumption (m3) NB Power (Coleson Cove) 625,600 7. Calculated Rates (4 / 5 = 6) NB Power; (Colseson Cove) ^$0.2639 Old _Y*7► 22 C. RATE IMPACTS In order to test the impact of the new rates on the City's two industrial customers affected by the change in service delivery, a sensitivity analysis was undertaken to quantify the rate impacts. Table 13 illustrates the impact of the calculated raw water consumption based charges for both Irving Pulp and Paper and NB Power. Customer Assumed 2020 Current 2019 Calculated 2020 Difference ($) Consumption Payment Under Payment under (m3) Existing Rates0) Raw Water Billing(2) Irving Pulp and Paper 39,000,000 $2,329,200 $2,886,666 $557,446 NB Power 625,600 $642,700 $165,070 $(477,630) Note 1: Irving Pulp and Paper current payment based on actuals to October 2019 and estimated to end of 2019. NB Power is estimated based on projected consumption only based on the existing rate structure (see Table 1). Note 2: 2020 estimates are based on assumed consumption relative to historical trends. As a result of the changes in billing practice, Irving Pulp and Paper will see an increase on the total bill, while NB Power will see significant savings on the total bill as both users transition to raw water based user fees: • Irving Pulp and Paper is expected to see an increase of about $557,400 or 24%. This increase fully reflects debt costs and asset management contributions associated to infrastructure to provide raw water to Irving Pulp and Paper. • NB Power (Coleson Cove) is expected to see a decrease of about $477,600. This decrease is associated to the change in supply of potable water to raw water. Resld _Y07► APPENDIX A DETAILED ASSET REPLACEMENT COSTS HEMSON ouz_ / ~------------- ------------- ,,,,,,,,,,,,, f ) \\\\\\\\\\\^\ ------------- ------------- mm {\\\( c, \o ( }\/ ) ) ] {\- _((fK` k)) \\\\\\\\\\\\ \ ///2/iii)i§f§ � � \ � ) � \ � a ){ \{ \ \ cl \ }\ \! \\ lo aj CL Z E. Ir M E . . .. ... //," 0 1 10)001) ,C c (U u Ln -0 ro > �rZ 0 u —ro Loil LA 0 (U C3 .4 4� m ro u U0 ro c < 0 0 -C 75 try Qj j 11 C m ro I 0 ............ 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AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Neil Jacobsen John Collin John Collin RECOMMENDATION Approve the recommended Cities of New Brunswick Association resolution in both official languages as provided in Attachment A. EXECUTIVE SUMMARY The Cities of New Brunswick Association (CNBA) is requesting that all eight (8) member City Councils across the Province consider passing the same resolution (Attachment A). The resolution requests that guiding criteria be established for binding arbitrators within the Provincial Industrial Relations Act with respect to municipal firefighters and police. This request represents a key policy priority of the CNBA, of which Saint John is an active member. The CNBA, on behalf of its member Cities, has been advocating for binding arbitration reforms over the past two years. It should be noted that the requested changes to the binding arbitration provisions within the Industrial Relations Act do not violate, infringe or otherwise tamper with free collective bargaining, nor do they recommend the elimination of the binding arbitration rights afforded to police forces and fire departments. The CNBA is simply requesting that provincially appointed arbitrators (on a go -forward basis) consider local realities and financial pressures in making their settlements, including each New Brunswick municipality's unique economic situation and taxpayer's ability to pay. With limited financial resources, New Brunswick's Cities require sustainable wage settlements and much greater predictability with respect to their operating costs. 191.15) -2 - BACKGROUND - MUNICIPAL SUSTAINABILITY WORKING GROUP Binding arbitration reform remains a CNBA policy priority, and is also a key priority for the City of Saint John and Saint John Common Council, as reflected in the following Action Item in the Sustaining Saint John — A Three -Part Plan. +++++++++++++++++++++++++ Binding Arbitration Reform - Police and Fire Services Applies to local governments where relevant, including Saint John Action: The Government of New Brunswick will invite local government and union representation to develop a proposal for binding arbitration reform. Government will determine any next steps following the work of the committee. The City has been asked to pass a resolution of Council outlining the changes they are requesting. Legislation will be brought forward based on what was heard from local governments and unions. Rationale: While police and fire services are both critical and valued, current legislation mandates 'interest arbitration' resulting in unstainable wage escalation trends. For example, firefighter wages in Saint John have increased by 72% over the past 15 years and police wages by 67%, while the Consumer Price Index (CPI) has increased by 27.5% during the same period. Current protective services wages and benefits comprise nearly a third of the city's budget. By addressing the arbitration process, local governments can ensure these essential public services are sustained over the longer term. Impact: Savings would depend on the outcome of the committee's work and any future arbiter rulings. Timing: Short-term (Within 2019). Potential savings as of 2020. The final version of the Sustaining Saint John - A Three -Part Plan, as jointly approved by Saint John Common Council and the Province of New Brunswick, is available at: https://www2.gnb.ca/content/dam/gnb/Departments/eco-bce/pdf/SustainingSaintJohn-August2019.pdf Further background with respect to the financial sustainability challenges associated with binding arbitration can be found in the City of Saint John's 2018 Provincial Election White Paper (see Attachment B), which was also approved by Saint John Common Council. The Report in its entirety can be accessed at: https://www.sainteohn.ca/site/media/SaintJohn/2018%20White%20Paper REVISED AUG16.pdf K1:% -3 - The cumulative impacts of rapidly accelerating fire and police wages are also captured in the City of Saint John CPI and Wage Trend graph in Attachment C. Unionized Firefighter wages in the City of Saint John have been growing at an average of 3.72% per year since 2004, and unionized Police Officer wages have been growing at an average of 3.48% per year since 2004. It currently costs just under $140,000 in salary, benefits, pension contributions and special pension payments for each first class Firefighter employed by the City (with a base salary of $92,275) and just under $150,000 for each first class Constable employed by the Saint John Police Commission (with a base salary of $ $94,627). STRATEGIC ALIGNMENT The CNBA resolution is aligned with Council's 'Economic Health' Priority, as well as with the City's Service Principles of "Sustainability" and "Partnerships". SERVICE AND FINANCIAL OUTCOMES The recommended resolution supports the objectives of the Sustaining Saint John —A Three Part Plan and is viewed as a key contributor to the long-term sustainability and financial viability of the City of Saint John, as well as the other cities of New Brunswick. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The recommended CNBA resolution is the outcome of close cooperation and collaboration between the Province's eight (8) Cities. The cities of Bathurst, Campbellton, Dieppe, Edmundson, Fredericton, Miramichi, Moncton and Saint John have identified this matter as a shared priority to create more fiscally sustainable cities in this Province. As identified in the CNBA's 2018 pre-election policy paper entitled 'Strong Cities —Strong Provinces' (web link below), the cities of New Brunswick have paid an estimated $133 million in wage increases to police and fire that are higher than wage increases for all other municipal employees not eligible for binding arbitration. In addition, if nothing changes by 2030, it is estimated that New Brunswick municipalities will be paying $31.6 million per year in incremental police/fire wages relative to other municipal workers, and will have paid over $390 million incremental wages since 1994. This is not a sustainable outcome. https://www.8citiesnb.com/uploads/8/6/6/5/86656454/8 cities document en new.pdf It should be noted that six New Brunswick municipalities (Bathurst, Campbellton, Dieppe, Edmundson, Fredericton and Miramichi) have already approved the CNBA resolution (on Tuesday, November 121h) M-1191 M ATTACHMENTS Attachment A: Cities of New Brunswick Association Recommended Resolution (English and French versions) Attachment B: Excerpt from Building a Sustainable Future for Saint John — A 2018 Provincial Government White Paper (July 2018) Attachment C: CPI and Wage Trends — City of Saint John (2004 — 2019) Ec�:il -5 - ATTACHMENT A: Cities of New Brunswick Association Recommended Resolution WHEREAS: New Brunswick's municipal leaders through their respective Associations (Cities of New Brunswick Association, Union of Municipalities of New Brunswick, Association francophone des Municipalites du Nouveau -Brunswick (the Associations)) have come together to propose balanced and practical amendments to the Industrial Relations Act. WHEREAS: These amendments propose to strengthen the interest arbitration process (binding arbitration) for achieving joint collective bargaining agreements specifically related to wages and benefits for firefighters and police in the province while reflecting the economic circumstances of the province and the community they serve. WHEREAS: Establishing criteria for binding arbitrators in legislation is critical to ensuring the essential services in our communities are within the means of our municipalities without sacrificing quality of life services that the municipalities provide and municipal growth. WHEREAS: Together, the municipalities from all three Associations are proposing an amendment to the Industrial Relations Act that would ensure that the original legislative intent is achieved. The amendment would include a requirement that arbitrations be conducted by a single arbitrator and is not intended to impose limits on the binding arbitrator's ability to award costs rather, they ensure that decisions are completed in an efficient manner, are more accountable and transparent, and importantly tied to meaningful assessments of a municipality's fiscal health. BE IT RESOLVED: We join and support the request by all City Councils that these improvements be implemented within the existing legislative framework in a manner that complements the intended spirit of the legislation and the existing interest arbitration process as it relates to firefighters and police. 191:16'7 M ATTACHMENT A: Cities of New Brunswick Association Recommended Resolution ATTENDU QUE : Par l'intermediaire de leurs associations respectives (I'Association des cites du Nouveau --Brunswick, I'Union des municipalites du Nouveau --Brunswick et I'Association francophone des municipalites du Nouveau --Brunswick, ci--apres appelees les « Associations »), les dirigeants des municipalites du Nouveau --Brunswick ont fait front commun pour proposer des modifications equilibrees et pratiques a la Loi sur les relations industrielles. ATTENDU QUE : Ces modifications ont pour but de renforcer le processus d'arbitrage de differends (I'arbitrage obligatoire) utilise pour conclure des conventions collectives multisyndicales specifiquement associees aux salaires et aux avantages sociaux des pompiers et des policiers de la province dans le respect de la conjoncture economique de la province et des collectivites desservies. ATTENDU QUE : II est essentiel d'etablir dans la loi des criteres en matiere d'arbitrage executoire afin de veiller a ce que les services essentiels fournis aux collectivites soient dans la limite des moyens de nos municipalites sans sacrifier la qualite de vie offerte par les municipalites ni la croissance municipale. ATTENDU QUE : Ensemble, les municipalites membres des trois Associations proposent une modification a la Loi sur les relations industrielles qui assurerait la realisation de l'intention legislative initiale. La modification inclurait une exigence selon laquelle les arbitrages doivent etre conduits par un seul arbitre et n'a pas pour but d'imposer des limites sur la capacite de I'arbitre executoire a etablir des sentences; elle vise plutot a assurer que les decisions sont prises de fagon efficace, qu'elles sont plus imputables et transparentes, et surtout, qu'elles decoulent d'une evaluation serieuse de la sante fiscale d'une municipalite. IL EST RESOLU QUE : Nous appuyions tous les conseils municipaux qui demandent que ces ameliorations soient mises en oeuvre dans le cadre legislatif existant de fa�on a completer 1'esprit de la legislation et le processus actuel d'arbitrage des differends en ce qui concerne les services de pompiers et de policiers. 10:1:1 -7 - Attachment B: Excerpt from Building a Sustainable Future for Saint John — A 2018 Provincial Government White Paper (July 2018) The City of Saint John strives to be a good employer and negotiate collective agreements that are both fair and reasonable for all of our workforce groups. We value the work of our police officers and firefighters, but need to find a path forward that more effectively balances rapidly escalating protective services wages with other employee groups, while reflecting the City's challenging financial reality. Police and Fire wages have been accelerating at a rate well in excess of inflation and approximately double that of other City employee groups. The City can no longer afford to continue to pay these increases without increasing taxes (already the highest in New Brunswick) or dramatically reducing the delivery of citizen services. Previously, both the Saint John Police Force and Saint John Fire Department have been forced to permanently reduce the number of police officers and firefighters to balance their respective operating budgets. Further reductions are inevitable should the status quo carry forward in perpetuity. As a result of provincially mandated interest arbitration for locally -funded police and fire employees, we are experiencing the following issues: • Slow, expensive and at times unrealistic arbitration processes. • A lack of incentive to openly and effectively bargain — the threat of arbitration also directly influences non arbitrated settlements. • Strained day-to-day labour and working relationship with our protective service unions. • Isolation of the process from free market forces for too long, invalidating the replication principle (a foundation for arbitration decisions here in New Brunswick and across Canada). • Creep of arbitrator jurisdiction into fundamental operational matters, including the requirement to introduce the 24 hour shift. • Automatic replication of protective service wage increases with other municipalities and between police and fire employees, with no regard for the unique circumstances differentiating each. • Persistent failure to acknowledge our "ability to pay" as a constraint in awarding arbitrated wage increases. • Awarding year -over -year salary increases that greatly exceed the increases negotiated with any other component of our municipal workforce, resulting in an erosion of internal equity. • Salary compression with our Management Professional (non-union) pay scale, which is reaching untenable levels, including Fire Management Staff with comparable or even lower overall compensation than their direct reports. ^ L a C: Q .� .� 0 Ol 00 l0 un cri N O Ol O 00 O O s O O ................................................................................. ............................................................................... ................................................................................ ............................................................................... .................................................................................. ................................................................................ ......................................................................... ........ ............................................................................... O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O1 00 I� l0 m m N rl NeS 111C' VOkC Cities of New Brunswick Association IftdS, U11C, &V �m III Association des Cites du Not Notice to the Members From : Adam Lordon, President Cities of New Brunswick Association November 5th, 2019 SUBJECT : Resolution to establish guiding criteria for binding arbitrators within the Industrial Relations Act regarding Firefighters and Police Dear Members : In June of this year the Auditor General reported that New Brunswick municipalities are close to $1 billion in debt, an amount the auditor general warns is unsustainable. As Mayors and Councillors, we have been around this table for more than three years and we didn't need the Auditor General to remind us of the very difficult job that we have to provide the many services that our residents use on a daily basis. Services such as public works, clean water, waste disposal, parks and recreation, snow removal and emergency services like police and fire. The eight cities recognize that emergency services professionals work in dangerous settings and should be highly respected. At the same time, labour costs and increases associated with emergency services continue to rise at rates that are exceeding those in other sectors here within our organizations, our cities and the province. The disproportionate increase of costs in the emergency service sector is adding to the erosion of the ability of municipalities across the province to fund key projects and essential programs. Since spring the leaders of the cities, towns and villages in the province have come together to propose balanced and practical changes. Changes that are needed to provide our municipality with an equal playing field in our ability to establish fair compensation for our fire and police professionals that reflect the responsibilities as well as the economic reality of our city. The compensation package must serve the interests of the community as well as support the municipalities ability to attract and retain qualified firefighters and police. PO Box 1421, Station A, Fredericton, N.B., E3B 5E3 1c1:10.1 NeS 11C' VdCC Cities of New Brunswick Association IftdS, U11C, &V �m III Association des Cites du Not The Cities of New Brunswick Association is requesting that all eight of the City Councils across the province consider passing the same resolution. It is the intention of the cities of New Brunswick Association to have each of its eight members pass this resolution on the same night, November 12th by adding it to their current agenda or calling a special meeting. WHEREAS: New Brunswick's municipal leaders through their respective Associations (Cities of New Brunswick Association, Union of Municipalities of New Brunswick, Association francophone des municipalites du Nouveau -Brunswick (the Associations)) have come together to propose balanced and practical amendments to the Industrial Relations Act WHEREAS: These amendments propose to strengthen the interest arbitration process (binding arbitration) for achieving joint collective bargaining agreements specifically related to wages and benefits for firefighters and police in the province while reflecting the economic circumstances of the province and the community they serve. WHEREAS: Establishing criteria for binding arbitrators in legislation is critical to ensuring the essential services in our communities are within the means of our municipalities without sacrificing quality of life services that the municipalities provide and municipal growth. WHEREAS: Together, the municipalities from all three Associations are proposing an amendment to the Industrial Relations Act that would ensure that the original legislative intent is achieved. The amendment would include a requirement that arbitrations be conducted by a single arbitrator and is not intended to impose limits on the binding arbitrator's ability to award costs rather, they ensure that decisions are completed in an efficient manner, are more accountable and transparent, and importantly tied to meaningful assessments of a municipality's fiscal health. BE IT RESOLVED: We join and support the request by all City Councils that these improvements be implemented within the existing legislative framework in a manner that complements the intended spirit of the legislation and the existing interest arbitration process as it relates to firefighters and police. PO Box 1421, Station A, Fredericton, N.B., E3B 5E3 06191 SJ PA Saint John Police Association ° P.O. Box 1025 (Main), 125 Rothesay Ave., Saint John, NB. Canada, E2L 4E3 Mayor and Common Council City of Saint John C/O Common Clerk Hand Delivered November 7, 2019 Greetings: On behalf of the police officers who serve and protect the City of Saint John twenty four hours each and every day we herein submit a formal complaint as per Bylaw number LG -5 "A BYLAW RESPECTING THE CODE OF CONDUCT FOR ELECTED MEMBERS OF THE CITY OF SAINT JOHN" and request an official open session vote of Council on the remedial action required. Under the headline in the November 2" d, 2019 edition of the Telegraph Journal "City Paid Four Workers $800 K: Report" the Chairman of the city's finance committee, Councillor David Merrithew publicly stated: "These people are just making too much. They're greedy. They don't care about our city" This is a completely misleading and a false statement that any police officer was paid more than $200,000 in 2018! For the first time a report was produced by City management to inflate the 2018 payments for each employee that included such misrepresentations as delayed negotiated wage increases for the years 2016 and 2017 that was work performed in the previous 2 years. Adding delayed negotiated wage increases for 2016 and 2017 onto the actual amounts paid for work in 2018 is a deliberate attempt to artificially inflate and misrepresent the true incomes of police officers. The number of police officers has been reduced over the years from over 200 to now only 142 (including police management). This drastic reduction has caused more overtime demands on our officers. These extra hours away from our families are a sacrifice officers must make in order to serve and protect the City of Saint John. To add the overtime costs caused by the reductions in officers as a result of budget cuts from Council unfairly misleads the public. Huge amounts of overtime are generated by lengthy and complex investigations including murders. The report also includes Court time appearances. Our officers are ordered to appear in Court and as such they have no choice but to be in Court resulting in cancelled vacations and other time with their families. 06% The next major misleading misrepresentation in the Council report is the special pension payments ordered by the provincial Superintendent of Pensions. The long standing pursued City pension change from a "Defined Benefit" pension plan to the now "Shared Risk" pension plan saved the City of Saint John tens of millions of dollars and also reduced the pension benefits to the employees. The millions of dollars in savings to the City of Saint John were not deducted from employee's incomes and neither should the provincial ordered special payments be added to employee's incomes. These substantial amounts are not received by our officers. The Council report also adds their "no fault insurance" workers compensation payments onto the amounts received by City employees. These payments by the City to Worksafe NB are to protect the City from an injured or killed police officer and/or their families taking legal action against the City for any reason. To add these "no fault" insurance payments by the City onto amounts received by police officers is another misrepresentation to unjustly inflate their incomes. By that same logic, will the next report add the insurance payments for the police station and police cars onto the incomes of police officers? These misleading misrepresentations were used by Councillor Merrithew, Chairman of the city's Finance Committee, to publicly state police officers are making too much — are greedy and don't care about our city. As you know Mayor Darling and Councillor Merithew made public presentations against the binding arbitration process for police and firefighters. It is painfully obvious the Council report and the misleading, false, offensive, insulting and derogatory statements by Councillor Merithew are a continuation of the attack on the present binding arbitration process for police and firefighters. The true annual salary for a 1St Class Constable in Saint John is $94,627. The annual salary for a 1' Class Constable in Halifax is $ 101,304. The annual salary for a 1' Class Constable in Fredericton is $94,570 These facts prove that Councillor Merithew's public statements that our officers are "just making too much — they're greedy" are deliberately misleading and do a harmful disservice to the City of Saint John and the police officers who protect it. There is no wonder why the surrounding communities do not want to move to regional services and taxation when these false outlandish statements against City employees are on the front pages of the newspaper. Councillor Merrithew's self -motivating public statements have caused irreparable harm to the City of Saint John and its residents! We remind you of the increases for the Mayor and Councillors in 2017 and 2018: 2017 = Mayor 30% Deputy 40% Council 55% 2018 = Mayor 12% Council 10% Adding insult to injury, Councillor Merrithew publicly states: 06%, "They (police officers included) don't care about our City" This is the most dishonest, disrespectful, unprofessional, aggressive, offensive, abusive, derogatory, inappropriate untrue statement ever made by a Councillor in the City of Saint John. It is the police officers who face individuals who attempt to injure, maim and kill members of the public and our officers on the streets of Saint John. It is the police officers who keep Saint John as a safe place to live and work, performing their duties under horrendous and dangerous conditions. The City of Saint John is the people of Saint John and our officers are devoted to serving and protecting them our officers care about them as has been proven for 170 years — and most of the public care about our officers — Councillor Merrithew obviously is one who does not. Councillor Merrithew has not treated the police officers of Saint John with "dignity and respect" nor conducted himself in a "professional" and "honest" manner. His public statements are "inappropriate, offensive, insulting and derogatory." All of which is in violation of numerous Sections of Bylaw number LG -5. We request Council in an open session vote to remove Councillor Merrithew as Chair of the Finance Committee as the "remedial action" for the aforesaid violations of said Bylaw. His unprofessional and bias statements prove he is not capable of performing in this capacity in accordance with Bylaw LG -5 and the real interests of residents. It is sincerely requested again, that Council fight for the real financial solutions for the citizens of Saint John — heavy industry tax reform and regional services and taxation instead of fighting with your own professional employees. When the residents of Saint John pay 61% ($74.2 Mil.) of the annual City taxes and heavy industry only pays 8% ($9.7 Mil.), with equipment and machinery exempt, the picture is crystal clear. After the "sweet heart" LNG tax deal ($500 thousand per year instead of the $7 million) the refinery had their assessment reduced drastically to where the largest refinery in Canada (Saint John) only pays $2.6 M where the Imperial/Suncor refinery in Alberta pays $25.6 M in municipal taxes. This $23 M shortfall would wipe out any structural deficits and allow residents a tax reduction. In addition, the Regional Hospital pays approximately the same municipal taxes as the Refinery, Irving Pulp and Paper mill -Irving Bayside Paper mill and the Irving Golden Ball - all combined. This Council has no mandate to raise service taxes and further reduce police protection for residents. The former provincial government allocated sufficient funds ($10.4 M for 2020) to avoid such retrogressive action for 2020, the year of the next municipal election. As such, if the mayor and any Councillor want to run with raising service taxes reducing police protection they must be honest with the voters. 3 It is high time for this Council to stand up for the residents of Saint John and fight for overdue tax reform—this will not happen by fighting with professional City employees. Yours truly, Duane Squires President - Saint John Police Association MEI 4 SAINT JOHN BOARD OF POLICE COMMISSIONERS ONE Peel Plaza, E21, OEl PO Box 1971 Saint John, New Brunswick Canada E21, 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau -Brunswick Canada E2L 4L1 EDWARD KEYES Chair/ Pr6sident JEFF MCALOON Vice-Chair/Vke Pr6sident DOUGLASJONES Secretary/Secr6taire DON DARLING Commissioner/Commissaire GARY SULLIVAN Commissioner/Commissaire MAIKE WHITE Commissioner/Commissaire MICHAEL COSTELLO Commissioner/Commissaire BRUCE CONNELL Chief of Police/ Chef de Police DAPHNE WAYS Executive Administrator/ Secr&aire Administrative Telephone/T616phone: (506) 648-3324 E mail/Courriel: taolI o mmission�saintiatj ca_ Explore our past/ Explorez noire passd Discover your future/ DBcouvrez votre avenir November 14, 2019 Mr. John Collin City Manager City of Saint John P. O. Box 1971 Saint John, NB E2L 41_1 John.Collin _-saintohn.ca Dear Mr. Collin: Re: City of Saint John Wage Escalation Policy In response to your letter dated October 3, 2019 around the above captioned matter the Saint John Board of Police Commissioners, at their November 12, 2019 meeting adopted the following resolution: "RESOLVED, that the Saint John Board of Police Commissioners adopt the City of Saint John Wage Escalation Policy (FAS -007), as a foundation document for all future deliberations on wages." Yours Edw=ohn es, Chair Sainoard 06191 mmissioners TO SAINT JOHN BOARD OF POLICE COMMISSIONERS November 12, 2019 Mr. Edward Keyes, Chair and Members of the Board of Police Commission Chair Keyes and Members SUBJECT 2019 Operating Budget — August Financial Results BACKGROUND The purpose of this report is to provide the Board with an update on the financial position of the Saint John Police Force's 2019 Operating Budget for the second trimester ended August 31, 2019. FINANCIAL HIGHLIGHTS For the period ended as at August 31, 2019, the net operating costs for the Saint John Police Force were under budget by $951,124 or 6.4%. There are seven key areas that contributed to this budget variance. 1. Revenue exceeded budget expectations by $90,600. 2. Salaries and Wages under budget by $550,258. 3. Overtime costs exceeded budget by $96,634. 4. Extra -Duty overtime expense was $40,413 and is 100% recoverable. 5. Court Time and Other Personnel costs were over budget by $113,397. 6. Fringe Benefits were under by $180,899. 7. Good and Services were under budget by 379,811. 061.1 Chairman Edward Keyes and Members of the Board of Police Commission November 12, 2019 Page 2 Subject: 2019 Operating Budget — August Financial Results Budget Analysis REVENUE OFF -SETS The $90,600 additional revenue realized from extra -duty assignments and criminal record check service will be used as a direct offset to overtime expense. SALARIES AND WAGES Salaries were under budget by $550,258 and these savings are the result of retirements and/ or positions not filled during the year. These funds will be used to defray overtime costs incurred with the backfilling of shifts to maintain minimum deployment levels on the four Platoons and court overtime. OVERTIME Saint John Police Association (SJPA) The overtime expense was over budget by $96,634. The Patrol Division accounted for $81,051 and the Criminal Investigation Division was over budget by $21,291 and this is direct operational cost to conduct investigations outside of regular works hours. The overtime expense for Extra -Duty was $40,413 and this amount is 100% covered from billings to third parties for paid over -time assignments. OTHER PERSONNEL COSTS Court Time - Saint John Police Association (SJPA) The court time expense exceeded budget by $107,796. GOODS & SERVICES The various Goods and Services accounts were under budget by $379,811 and there are key expense lines that are showing under budget due to billings not being received and processed at the end of this reporting period. The final phase of vehicle purchases and other required operational equipment will be completed by the end of the year. 06YA Chairman Edward Keyes and Members of the Board of Police Commission November 12, 2019 Page 3 Subject: 2019 Operating Budget — August Financial Results YEAR END FINANCIAL PROJECTION Based on all known variables that can impact the Operating Budget, the projected net 2019 year-end financial position for the Saint John Police Force will be slightly under budget by $20,000 - $30,000. As indicated, all significant purchases will be completed by year-end and discretionary spending will be closely monitored in the final trimester to ensure the Force delivers a balanced budget. RECOMMENDATION • It is recommended that the Board accept and approve this Financial Report for the period ended as at August 31, 2019 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Attached reports and documents: • Consolidated Statement of Operations - August 31, 2019 • Budget Variance Analysis - August 31, 2019 Respectfully submitted, Marve E. Corscadden, CPA DIRECTOR HR & FINANCE Bruce Connell CHIEF OF POLICE 061.11 SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended August 31, 2019 Budget Expenses Variance Current Variance Timing Actual $15,194,046 $14,333,522 $860,524 $860,524 $115k. Expense Cate qq ��.............o,,,,,,,,,,,, Variance ��,�, ,,,,,,,� Explanation of Variance ��m,. l Salaries & Wages $550,258 . Salaries: Non -Union over budget by $115k. • Salaries: Local 486 under budget by $120k. d SJPA Police Officer wages under budget by $545k. Overtime ($137,047) . Overtime: SJPA Patrol: Over budget by ($81 k). • Overtime-SJPA-Criminal Investigations: Over budget by ($21 k). • Extra -Duty Overtime - Over by (401k) and this expense is 100% recovered with earned revenue as all hours paid are invoiced to 3'd parties for Extra—Duty assignments. .......................................................... Other Personnel Costs ($113,397) Court Time: Over budget by ($1081k). Fringe Benefits $180,899 Benefits: The rate for police officers is at 28.6% and 25% for civilian employees. This rate now includes the employer portion the Long -Term Disability (LTD) program and the Shared Risk Pension plan. It also includes EI, CPP, WCB and employee group benefit costs. General Services $62,151 • Telephone: Under budget by $221k. i Employer Training: Under by $43k. 0616.1 Saint John Police Force - August 31, 2019 Budget Variance Analysis Expense Cate ory Variance Explanation of Variance Insurance ($15,792) . Deductible Account: Over budget by ($17k) and this represents charges back to Police via the City's insurance department for 3`d party claims (damages) and/or monies due to the SJPF for police vehicles involved and damaged by 3`d parties in accidents. I Professional Services $2,378 . No significant variance at the end of August 2019. Other Purchased Services ($44,143) . Other Purchased Services: Over ...........................,,,,,........................ ..... ....rv...,,,,,,,y......,,,y.........------- budget by ($44k). ....................... Repair & Maintenance $44,825 . Computer Software/Maintenance: Under budget by $45k and the 2019 initiative to introduce Voice to Text software as a replacement for digital transcription has been postponed (not abandoned) as the current voice to text technology is still not at the right application level for a Police environment. Rentals $9,978 . No significant variance at the end of August 2019. Purchased Goods $22,525 . This variance is the timing between the monthly budget allocation and the payment of invoices for eighteen different accounts in this expense category. Government Services ($2,444) . No significant variance at the end of August 2019. 2i Pa HoK Saint John Police Force — August 31, 2019 Budget Variance Analysis ....__._„_. _... ............... - .............. Internal Services ($4,315) Fleet Maintenance - The cost for maintenance was over budget by ($51 k) for this reporting period. • Fleet Fuel — The fuel costs at the end of August was under budget by $44k. Asset Purchases I $304,648 Vehicle Purchases — Under Budget by p $263k and the procurement process to acquire new marked police SUVs has been delayed until the selected manufacturer commences production in j t January 2020 for police vehicles. • Other Assets — Under Budget by $40k and the acquisition of a special hard body throw phone and equipment used for tactical and hostage negotiations was received in early November. 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N W VI M ! -�i cri d' CV et Cu r ui P- I` 06 Ln 1` Lfi 6 06 V 1- C}� O It (14 N r ti 0 N' r CD 1�- CD N r r CO CO r I` Nt M N 0) M M o y = Q 00 N N r er Qr r O 0) "3 Lf)('M N N M O r r M CO r 00 co O Lf) M O 00 O N N LC) 1- O Lf) O 00 N CO M r (D V }� I- r 0 (0 M (O 00 00 r U) O� r n r W) Q 1 L/L m -ir (N (O Li) c6 0) Lfi ,zf Lp % c6 CV "qr 00 o0 L6 O It of 4 U') M r r O 00 00 11 h LD N N r r N CO 00 r 1-- It M G M 0) r O 0 Cn N C%f CV W LL 44 W ap m 0) to •� 0 (/) U y a� U li rn Z Z w N 0 —Qi C° cry u)� o no(o° O co c 0) Q H (D (1) O o °tS a) U 0 o O _ � E IL CL L sn cc a .� Oco t C 7 N LL +- 2 'C O L +. W N C O • N +�+ O 7 Y/ V�c0 cn00LL cas�o U) 11WOa September 11, 2019 Kiwanis Club of Saint John P.O. Box 7312, Station B Saint John, New Brunswick E21-457 Mayor Don Darling & Members of Common Council City of Saint John, 8th Floor, City Hall Building 15 Market Square, PO Box 1971 Saint John, NB, E21-41-1 2019 Kiwanis Club of Saint John Annual Christmas Breakfast, Hathaway Pavilion, Lily Lake, Saint John, NB 8:00 a.m. Tuesday, December 10, 2019 Invoice for 10 Tickets ......................................$150.00 Cheques payable to: Kiwanis Club of Saint John Thank you for your continuing support. [30] REQUEST TO PRESENT TO COUNCIL FORM 7be0tY0f&Vfflj6bffi 02EMB4 First Name: Michael Last Name: Davidson Name of Organization/Group (where applicable): CUPE / ATU Local 1282, Saint John Police Association City or Town: Saint John Province: IVB Postal Code: Day Time Phone Number: Email: Z If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Topic of Presentation: Industrial Tax Reform Purpose for Presentation (what is the ask of Council): To develop a plan to bring about industrial tax reform to lower residential taxes and avoid cuts to services. Background Information: To assist in the implementation of tax expert's reports such as the Jeff Trail report. 1390UHM Signature: Michael Davidson Date: 2019-11-12 REQUEST TO PRESENT TO COUNCIL FORM Sa,c, fc,\ A,cx w� �acr Aloll 1-1 f� Do.�e Doste, To: Mayor and Council of the City of Saint John Re: Professionalism Your Worship and Council, ill" NOV201 A professionally operated public transit system is integral to economic growth and sustainability, yet no one in Saint John Transit has any certified urban transportation credentials. This absence of a public transit professional has resulted in an inefficient, erratically timed, backtracking, overlapping, redundant transit routing system designed to avoid or provide unsafe inconvenient access to the core initiatives of Discover Saint John and Move SJ. The message is clear. If you don't have a vehicle in Saint John, you don't matter. Council's transit representative endorsed this message on CBC Radio by dismissing transit cuts to promote parking opportunities. Parking revenues cannot be used to offset transit cuts, raising a conflict of interest issue where two separate, competing transportation entities are governed by the same board of directors. Saint John Transit does not collaborate with other municipal entities as evidenced by the blatant contravention of basic public transit guidelines in the professionally compiled Plan SJ. They have been operating with an annual budget of ten million ($10,000,000) dollars to directly service the public but have no customer service policy, ignore complaints of rampant discrimination and refuse to put anything in writing. As an omnipotent clandestine fiefdom, Saint John Transit is an active deterrent to progress and can be held largely responsible for our current economic crisis. Transportation is the lifeblood of a community. It connects everything. A public transit professional in Saint John Transit is crucial for economic growth and sustainability in this city. Respectfully, Mary Ellen Carpenter 41 Crown St. #207 Saint John, NB. E21.OE2 (506) 899-0519 C[i1-1 From: Dee Stubbs -Lee [mailto:deestubbs@hotmail.com] Sent: November -10-19 2:25 PM To: Darling, Don; External - CommonClerk Subject: Potential service cuts to Saint John Transit Mayor Darling and Council, I am writing to express my concern about the proposed $2 million budget cut to Saint John Transit. As a regular transit customer, I depend heavily on this service almost daily. I use transit several times per week, and have done for many years. Due to a medical condition, I do not drive. Unlike many citizens, I can afford an occasional taxi in a pinch, but those expenses add up very quickly. I also have a spouse and friends who help to get me around. Not everyone is that fortunate. I have also been a regular transit customer in a number of other cities I have lived in across Canada. I attended more than one of the "Move Saint John" active transportation presentations, and have given feedback based on my own transit experiences. What has happened to that feedback? How many of those suggestions gathered from the real experts — the people who actually use the system — were implemented? There are many reasons we should not be further cutting an already beleagured transit system. In fact, I fully support significantly increased spending on transit and measures to encourage use of the service. Those reasons range from air quality improvement to reduction in traffic congestion and from reduced wear and tear on the roads to increased quality of life for all citizens. The most important reason of all, however, is that for those of us who depend on transit for whatever reason, transit is our lifeline. It allows people to hold a job, to get their kids to the daycare, to get to medical appointments, to get to a grocery store, a bank, to school, to an event. Access to good transit has the power to help pull people out of poverty, and transit cuts can easily push people living on the edge into poverty. Transit is not a "nice to have", it is an absolutely essential service for everyone, but especially for the most vulnerable among us —the working poor, the elderly, the disabled. Unlike our other essential services, transit is at least partially user -funded. I would like to challenge all members of council to try living without a vehicle for one week. See how easily you can get everywhere you need and want to be — on any day and at any time during that week - using only the bus or walking. Now imagine that as a permanent lifestyle change. I expect you may find it very educational. Sincerely, Dee Stubbs -Lee C[irl November 13, 2019 15, To: Mayor and Common Council, City of Saint John Re: Decision for changes to Municipal Plan and Zoning By-law for 348 Acamac Backland Road On Monday, November 4, 2019, Common Council conducted a public hearing to consider proposed amendments to the Municipal Plan and Zoning By-law to permit land at 348 Acamac Backland Road to be used for the extraction of clay and aggregate. Early in the agenda (Item 4), Mayor Don Darling asked that those making decisions on issues before the governing body declare any potential "Conflict of Interest", regarding any item before council. No one disclosed any such conflict regarding Item 9, for which I attended the hearing and made a presentation. This led me to believe that none of those voting had an association with, nor were active members, of the Fundy Region Service Commission (FRSC), who were the applicants for the request. Following presentations, Council voted in favour of making the Municipal Plan and Zoning By- law changes. The vote was tie 5-5, which would have meant that the proposal was defeated. However, the Mayor cast a deciding vote, which resulted in the approval of the application. Upon returning home from the Council meeting, I searched online for information regarding FRSC and discovered that the City's representative is Mayor Darling, who cast the deciding vote on an application by a Board on which he serves. One must question why Mayor Darling failed to identify his secondary service position, especially when he had asked others to declare any "Conflict of Interest" a half hour before public presentations were made. Being a voting member of FRSC is a "secondary interest" for Mayor Darling. Having a conflict is not wrong, but failure to declare a "Conflict of Interest" and remove yourself from the decision-making process is. The onus is on the voting representative to declare a "Conflict of Interest" and remove himself/herself from participating and voting. This may involve leaving the venue or being seated in the public gallery. It also could involve departing any closed session of Council when the issue is being discussed. An "Interest" is defined as "a commitment, obligation, duty or goal associated with a particular role or practice". A "Conflict of Interest" occurs if, within a particular decision-making context, an individual is subject to two co -existing interests that are in direct conflict with each other in terms of benefits and loyalties. Such a matter is of importance because, under such circumstances, the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of the outcome. "Interests" can be pecuniary or non- ERB] pecuniary. Existence of an interest is an objective fact, not a state of mind. A "Conflict of Interest" exists if the circumstances can be REASONABLY believed to create a risk that a decision MAY be unduly influenced by other "secondary interests" and not on whether a particular individual is ACTUALLY influenced by a "secondary interest". Such a situation must not be permitted nor overlooked. Rules cannot be broken by making an error in judgement or considering that one is acting in good faith, or might represent himself as "open to persuasion". When there is a POSSIBILITY that one's external interest or activity can be REASONABLY perceived as affecting his impartiality, a potential "Conflict of Interest" arises. Although there may be no personal gain achieved by the conflict, the individual may be aware of privileged information that may influence his vote, and his actions could influence the decision of others. During his closing statement before calling for a vote, Mayor Darling's remarks could be viewed as more positive toward the applicant's interests, saying nothing with regard to implications to property taxes and property values of community residents and other potential uses for nearby undeveloped property. Doing such could sway the decision of voting members having difficulty in making a decision but respecting the mayor's perceived knowledge through his secondary position. One might also question the amount of influence that could be involved, knowingly or otherwise, at closed session to sway votes. The questionable circumstances regarding accepting this change to land usage should result in Council's action to remove the Mayor's vote, resulting in the rejection of the FRSC application. This exercise in fairness will also avoid the necessity for residents who opposed the change to seek other recourses, which can include filing an objection with the Provincial Planning Appeal Board, complaints to the Offices of the Ombudsman and/or the Attorney General, requesting a criminal investigation by law enforcement offices, appealing property tax assessments and entering into a class action suit to recover losses in property values caused by nearby land use changes created from the November 4 decision. Please recognize this situation and resolve it without delay. Thank you for your consideration of this matter. 1e[916-1 November 18, 2019 Deputy Mayor and Councillors Subject: Lease Termination —The Donut Queen Inc. in the City Market The Committee of the Whole, having met on November 18th, 2019, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on November 18th, 2019 Common Council approve the following: 1) That The City of Saint John terminate the lease for The Donut Queen Inc. and the rental of Stall 2 in the City Market; and 2) That the Mayor and Common Clerk execute all required documentation. Sincerely, r Don Darling Mayor (P*-.. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca w CA 1971 Saint John, N. -B. Canada E2L 4L1 CCK PUBLIC REPORT FROM COMMITTEE OF THE WHOLE M&C No. 2019-281 Report Date October 31, 2019 Meeting Date November 18, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Lease Termination The Donut Queen Inc in the City Market AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager David Kirkpatrick Ian Fagan John Collin REPORT SUMMARY The purpose of this report is to seek Common Council's approval to terminate the lease of The Donut Queen Inc relating to its lease of Stall # 2 in the City Market. The owner has approached City Market Management on October 5t", 2019 and advised they are ceasing operations in October. October's rent of $1000.11 was not paid. Cis November 18, 2019 Deputy Mayor and Councillors Subject: Christmas Events Budget The Committee of the Whole, having met on November 18th, 2019, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on November 18th, 2019 Common Council allocate $2,400 for the Mayor's Christmas Tree Lighting and Mayor's New Year's Levy events. Sincerely, r Don Darling Mayor (P*-.. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca w CA 1971 Saint John, N. -B. Canada E2L 4L1 111K