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2018-03-12_Agenda Packet--Dossier de l'ordre du joure City of Saint John Common Council Meeting AGENDA Monday, March 12, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. 1. Call to Order 2. Approval of Minutes 2.1 Minutes of February 20, 2018 2.2 Minutes of February 26, 2018 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Friends of Rockwood Park - Heritage Fair Exhibit (Recommendation: Receive for Information) 5.2 Island View School Parent School Support Committee - Traffic Safety Concerns (Recommendation: Refer to City Manager) 5.3 Fundy Regional Service Commission - Intent to Borrow (Recommendation: Receive for Information) 5.4 Town of Grand Bay -Westfield - Opposition to Amalgamation of Greater Saint John Region (Recommendation: Receive for Information) 5.5 Civilized Worldwide Inc. - Request to Present (Recommendation: Refer to the Clerk to Schedule) 5.6 Huntington Society of Canada - Huntington Disease Awareness Month 1 Pages 1-3 4-12 13-13 14-20 21 -24 25-26 27-27 28-33 Powered 6Y; 5 /l IBE' (Recommendation: Refer to Clerk to prepare Proclamation) 5.7 Traffic Paint Sole Source (Recommendation in Report) 5.8 Contract No. 2017-17: Bulk Water Dispensing System Upgrades (Recommendation in Report) 5.9 2018 Agreement with SOT Brunswick Square Inc. for Cleaning and Security Services for Chipman Hill (Recommendation in Report) 5.10 City Interest in Acquiring Properties from the Province - Civic #859 Sand Cove Road and Civic #31 Whitebone Way (Recommendation in Report) 5.11 Update the City of Saint John Asset Management Policy (Recommendation in Report) 5.12 West Water News - Saint John Water South Bay Wellfield (Recommendation: Receive for Information) 5.13 Beautification Policy Update (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 March 2018 - Nutrition Month 8. Delegations / Presentations 8.1 Harding Street West Presentation 9. Public Hearings - 6:30 p.m. 9.1 34 Mount Pleasant Ave. East and 241 Bayside Drive - Rezoning & Section 39 Amendment - Presentation 9.1.1 Planning Advisory Committee report Recommending approval with Section 39 Conditions 9.1.2 Zoning Bylaw Amendment (1 st and 2nd Reading) 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment - 384 Lancaster Avenue 11. Submissions by Council Members 11.1 Requested Changes in Provincial Legislation for Candidates in the Upcoming Provincial Election (Councillor Sullivan) 12. Business Matters - Municipal Officers 1 34-36 37-39 40-48 49-56 57-60 61 -62 63-78 79-79 80-102 103-123 124-141 142-152 153-162 163-163 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 PRO Kids Annual "Fun" Raising Dinner 164-165 16. Supplemental Agenda 17. Committee of the Whole 17.1 Collective Agreement between the City of Saint John and the Saint John Fire 166-251 Fighters' Association Local Union No. 771 17.2 FCM Annual Conference and Trade Show 18. Adjournment 9 252-252 City of Saint John Common Council Meeting Monday, March 12, 2018 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Employment Matter 68(1)0) 1.3 Employment Matter 68(1)0) 1.4 Legal Matter 68(1)(f) 1.5 Financial Matter 68(1)(c) 1.6 Financial Matter 68(1)(c) 4 Ville de Saint John Seance du conseil communal Le lundi 12 mars 2018 18 h, salle du conseil Comite plenier 1. Ouverture de la seance Chacun des points suivants, en totalit6 ou en partie, peut faire Fobjet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil/comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique 16 h, Salle de conference, 8e etage, h6tel de ville 1.1 Approbation du proces-verbal 68(1) 1.2 Question relative a Femploi — alin6a 68(1)j) 1.3 Question juridique — alin6a 68(1) f) 1.4 Question relative a Femploi — alin6a 68(1)j) 1.5 Question financiere — alin6a 68(1)c) 1.6 Question financiere — alin&a 68(1)c) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 2.1 Proces-verbal du 20 f6vrier 2018 2.2 Proces-verbal du 26 f6vrier 2018 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Resolutions en bloc 5.1 Friends of Rockwood Park — Exposition a la Fete du patrimoine (recommandation : accept6 a titre informatif) 5.2 Comit6 de soutien des parents de 1'6cole Island View — Problemes li6s a la s6curite routiere (recommandation : transmettre au directeur g6n&ral) y S 5.3 Commission de services r6gionaux de Fundy — Intention d'emprunter (recommandation : accepter a titre informatif) 5.4 Ville de Grand Bay -Westfield — Opposition a la fusion de la r6gion du Grand Saint John (recommandation : accept6 a titre informatif) 5.5 Civilized Worldwide Inc. — Pr6sentation d'une demande (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.6 Soci6t6 Huntington du Canada — Mois de la sensibilisation a la maladie de Huntington (recommandation : transmettre au greffier pour qu'une proclamation soit r6dig6e) 5.7 Fournisseur unique pour la peinture de signalisation routi&re (recommandation figurant au rapport) 5.8 Contrat ri 2017-17 : Modernisation du systeme de distribution d'eau en vrac (recommandation figurant au rapport) 5.9 Entente de 2018 avec SOT Brunswick Square Inc. relativement a la fourniture de services de nettoyage et de s6curit6 pour la c6te Chipman (recommandation figurant au rapport) 5.10 Int&& de la Ville pour Facquisition de propri6t6s de la province — num6ro de voirie 859, chemin Sand Cove et num6ro de voirie 31, voie Whitebone (recommandation figurant au rapport) 5.11 Mise a jour de la politique sur la gestion des actifs de la Ville de Saint John (recommandation figurant au rapport) 5.12 Nouvelles concernant Peau du quartier West Side — Champ de captage a South Bay exploit6 par Saint John Water (recommandation : accept6 a titre informatif) 5.13 Mise a jour de la politique d'embellissement (recommandation : accept& a titre informatif) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Mars 2018 — Mois de la nutrition 8. Delegations et pr6sentations 8.1 Pr6sentation de la rue Harding Ouest 9. Audiences publiques —18 h 30 9.1 34, avenue Mount Pleasant Est et 241, promenade Bayside — Changement de zonage et modification de Particle 39 — Pr6sentation R 9.1.1 Rapport du Comite consultatif d'urbanisme recommandant 1'approbation des conditions imposees par Particle 39 9.1.2 Modification de 1'Arrete de zonage (premiere et deuxieme lectures) 10. Etude des arretes municipaux 10.1 Projet de modification du plan d'amenagement visant le 384, avenue Lancaster 11. Interventions des membres du conseil 11.1 Changements demandes dans la loi provinciale pour les candidats aux prochaines elections provinciales (conseiller Sullivan) 12. Affaires municipales evoquees par les fonctionnaires municipaux 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises i 1'approbation du conseil 15. Correspondance generale 15.1 Diner -benefice annuel de P.R.O. Jeunesse 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Convention collective entre la ville de Saint John et la section locale 771 de 1'Association des pompiers de Saint John 17.2 Conference annuelle et salon commercial de la FCM 18. Levee de la seance 7 100 - Council Minutes- Special Meeting February 20, 2018 MINUTES—SPECIAL MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 20, 2018 AT 7:30 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 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Absent: Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen Commissioner Saint John Water B. McGovern Deputy Commissioner Saint John Water K. Mason Solicitor M. Tompkins Comptroller Finance C. Graham Deputy Commissioner Administrative Services I. Fogan Municipal Engineer D. Price Common Clerk J. Taylor Administrative Assistant K. Tibbits 1. Call to Order Mayor Darling called the meeting to order. Mayor Darling, on the advice of the City Solicitor, declared a potential conflict of interest until such time that he has had an opportunity to seek independent legal advice, and recused himself from further discussion. Councillor Norton, on the advice of the City Solicitor, declared a potential conflict of interest until he has had an opportunity to seek independent legal advice, and recused himself from further discussion. It is his intent to opt out of the class action lawsuit but cannot do that until it has been certified. (Mayor Darling and Councillor Norton withdrew from the meeting) Deputy Mayor McAlary assumed the chair. 1 100 - Common Council Minutes February 20, 2018 1.1 West Water Uadate & Coaaer Scale Stabilizine Treatment Obtion M. Chaulk, CBCL Limited, J. Flewelling, CBCL Limited, S. Crawley, Acting Regional Director Department of Health and R. Maclssac Public Health Inspector were present. Mr. McGovern noted that there are three key themes with respect to West side water: the safety of the drinking water, hardness of the water, and copper pipe leakage. The water has been tested to ensure that it is safe to drink, and exceeds all regulatory requirements. Public Health and citizens are protected from waterborne disease and it is high quality, safe, clean drinking water. Surface water, such as the Spruce Lake water, has a greater pathogen risk than groundwater and although it met the standard of the day, switching to secure ground water eliminated the pathogen risk from surface water. Referring to the copper pipe leakage issue, Mr. McGovern stated that 181 leaks have been reported, which is 3.3% of the customers on the West side system. Industry experts and regulators were engaged immediately upon notice of the issue. Mr. Chaulk stated that testing is underway with respect to the cause of the leakage. The groundwater is much less corrosive than the former Spruce Lake water and meets or exceeds Canadian drinking water guidelines. There is no correlation between the hardness of the water and copper pipe corrosion. Steps can be taken to try to mitigate further corrosion, such as adding a corrosion inhibitor like orthophosphate to the water system. The addition of orthophosphate will either improve the issue significantly, or do nothing to lessen the issue. It will not worsen the condition. Mr. McGovern noted that the Department of Health and the Department of Environment and Local Government are both supportive of adding orthophosphate to the water supply. A temporary system can be operational in approximately one month. Overall costs of the system can be managed within the approved 2018 Water and Sewerage utility operating budget. Moved by Councillor Merrithew, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-50: West Water Update & Copper Scale Stabilizing Treatment Option, Common Council adopt the following resolution: That as a result of the copper pipe leakage review completed to date and based upon the opportunity to stabilize copper pipe scale, Council direct staff to undertake the following actions: • Over approximately the next month install a temporary orthophosphate treatment system at the South Bay Water Treatment Facility (formerly the Spruce Lake Water Treatment Facility) to assist in stabilizing the existing scale formation on copper pipes; and, • Report back to Council within approximately 5 months once research is completed and results available. Adjournment Moved by Councillor Merrithew, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on February 20, 2018, be adjourned. MOTION CARRIED. 100 - Council Minutes- Special Meeting February 20, 2018 The Deputy Mayor declared the meeting adjourned at 8:45 p.m. Deputy Mayor/ maire Common Clerk / greffier communal 9 100 - Council Minutes- Regular Meeting February 26, 2018 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 26, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Absent: Mayor D. Darling Councillor Ward 1 Greg Norton Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Deputy Mayor McAlary called the meeting to order. 1.1 Saint John Heritage Awards 2017 Bob Boyce, Chair of the Heritage Development Board announced the award winners: 1. Heritage Facade Restoration, 15 Horsefield Street, Alexandra and Steve Weaver Crawford, Contractor Fudge's Cabinets & Woodwork, JAG Construction Ltd. 2. Heritage Facade Rehabilitation Paint, 160 Prince William Street, Historica Developments 3. Heritage Storefront Rehabilitation Paint, 88 Prince William Street, Afshin Ghanbari Khodadadi, Contractor: Raymond Pelletier 4. Heritage Storefront Rehabilitation, 97 Prince William Street, Teresa Jennings, Contractors: Black River Woodworking, Pinnacle Painting, Flewwelling Press Ltd, Creative Services 5. Heritage Restoration and Rehabilitation, 125 Germain Street, Commercial 0 100 - Common Council Minutes February 26, 2018 Properties Ltd., Contractor: FCC Construction 2. Approval of Minutes 2.1 Minutes of February 12, 2018 Moved by Councillor Sullivan, seconded by Councillor Armstrong: RESOLVED that the minutes of the meeting of Common Council, held on February 12, 2018, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Option to Purchase Agreement - New Brunswick Museum 17.2 Lease of Building at 450 Fallsview Drive 17.3 Appointments to Committees MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Refer to Item 14.1 5.2 That the Letter from the Town of Rothesay — Greater Saint John Region Amalgamation be received for information. 5.3 That the Letter from Lieutenant -Governor of NB — Nominations for the 2018 Order of New Brunswick be received for information. 5.4 That the Letter from WorkSafe NB — Waste Wise Initiative and Bylaw Changes for Curbside Garbage Collection be received for information. 5.5 That as recommended by the City Manager in the submitted report M&C 2018- 60: Proposed Public Hearing Date -74 Loch Lomond Road, 155 S. John Street, 55 Lansdowne Avenue and 10-40 High Ridge Road, Common Council schedule the public hearing for the rezoning application of Hughes Surveys and Consultants on behalf of Residential Investors and Developers Ltd. (10-40 High Ridge Road) and the Section 59 Amendment applications of Kim Winters and Sherry Garnet (74 Loch Lomond Road), Karl M. Rideout (155 St. John Street), and Plazacorp Property Holdings Inc. (55 Lansdowne Avenue) for Monday April 9, 2018 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.6 That as recommended by the City Manager in the submitted report M&C 2018- 59: Proposed Zoning By-law Amendments — Cannabis Businesses, Common Council refer the proposed text amendment to the Zoning By-law relating to cannabis businesses to the Planning Advisory Committee for a report and recommendation and set a Public Hearing date of April 9, 2018. 5.7 That the submitted report M&C 2018-46: Project Update: Fundy Heights SCADA Tower, be received for information. 5 100 - Council Minutes- Regular Meeting February 26, 2018 5.8 Refer to Item 14.2 5.9 That as recommended by the City Manager in the submitted report M&C 2018- 56: Morna Heights Wastewater Treatment Facility Outfall — Interim Licence of Occupation and Easement, the City of Saint John enter into an Interim Licence of Occupation with the Province of New Brunswick (Energy and Resource Development) subject to the terms and conditions in the licence agreement attached to M&C 2018- 56, for the purposes of facilitating the outfall installation as part of the Morna Heights Wastewater Treatment Facility Upgrade Project and that the Mayor and Common Clerk execute all necessary documents. 5.10 That as recommended by the City Manager in the submitted report M&C 2018- 54: Musquash Water Pumping Station and Electrical Substation — Interim Licence of Occupation and Lease, the City of Saint John enter into an Interim Licence of Occupation with the Province of New Brunswick (Energy and Resource Development) subject to the terms and conditions attached to M&C 2018-54, the licence being for the purposes of facilitating the upgrades to the Electrical Substation as part of the Musquash Water Pumping Station — Electrical Substation project and that the Mayor and Common Clerk execute all necessary documents. 5.11 That as recommended by the City Manager in the submitted report M&C 2018- 06: Harbour Passage Easement Agreement with Saint John Port Authority, Common Council adopt the following resolution: 1. The City of Saint John acquire from the Saint John Port Authority, easements for portions of Harbour Passage upon the terms and conditions set out in Easement #388 document as submitted; and 2. The Mayor and Common Clerk be authorized to execute any documents) necessary to finalize this transaction 5.12 That as recommended by the City Manager in the submitted report M&C 2018- 47: Renewal of Easements with Saint John Port Authority, 1. The City of Saint John renew the seven easements with corresponding annual rents for 2017, identified in the submitted letter from the Saint John Port Authority, dated February 2, 2018; and 2. The Mayor and Common Clerk be authorized to execute the renewals. 5.13 That as recommended by the City Manager in the submitted report M&C 2018- 61: City of Saint John — Population Growth Framework, Common Council adopt the following: 1. Direct the City Manager to coordinate a public roll-out of the Population Growth Framework with the media, key partners and stakeholders; 2. Adopt the Saint John Population Growth Framework and direct that it serve as our community's work plan for Population Growth between now and the next Census in 2021; 3. Approve $35,000 from the Growth Reserve Fund to support City -led project deliverables under the Population Growth Framework in 2018. Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that the recommendation set out for each consent agenda item, excluding items 5.1 and 5.8 that have been identified for debate, be adopted. MOTION CARRIED. n 100 - Common Council Minutes February 26, 2018 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Freedom to Read Week - February 25th — March 3rd. 2018 The Deputy Mayor declared February 25th — March 3rd, 2018 as Freedom to Read Week in the City of Saint John. 8. Delegations/Presentations 8.1 Red Knights Motorcvcle Club David Gallant, President, outlined the forthcoming Red Knights Motorcycle Club convention to be held in Saint John in 2021. 1000 international motorcyclists are expected. Mr. Gallant requested that the City provide assistance to create a video for promotional purposes, that the City First responders be available for assistance, and that Discover SJ continue to assist with the convention arrangements. Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the Red Knights Motorcycle Club request: • To be provided assistance to create a promotional video for the convention; • To have the City First Responders available during the convention; and • To have the continued assistance of Discover Saint John be supported and referred to Discover Saint John. MOTION CARRIED. 8.2 2019 Canadian Tire National Figure Skating Championships Presentation Susan Taylor Co -Chair 2019 Canadian Tire National Figure Skating Championships commented that the 2019 event will be the first time this event is hosted in Saint John. The event is expected to attract 250 athletes, their families, and coaches. Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the 2019 Canadian Tire National Figure Skating Championships Presentation be received for information. MOTION CARRIED. 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 First and Second Reading of Noise By -Law Amendment Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that the Noise Bylaw Amendment be received for information. MOTION CARRIED. 11. Submissions by Council Members 12. Business Matters - Municipal Officers 7 100 - Council Minutes- Regular Meeting February 26, 2018 1 12.1 West Side SDlash Pad Revised Procurement and Fundine Plan A motion was made by Councillor Sullivan to refer to staff and report back in 60 days to seek extension from RBC which did not receive a seconder. Moved by Councillor Lowe, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-53: West Side Splash Pad Revised Procurement and Funding Plan, Common Council approve OPTION 2 as follows: 2. Common Council commits additional and contingent funding of $135,000 in addition to the $250,000 Council already committed to the project. The following contingencies will be employed to mitigate this added burden: • Any external project funding sources that become available would cause the City's commitment to be reduced by an equal amount up to this $135,000 additional commitment; and, • Capital funding not required by other General Fund Capital projects shall be redirected to this project, where possible. MOTION CARRIED with Councillors Merrithew, Casey, and Sullivan voting nay. 12.2 Electronic Meeti Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-48: Electronic Meetings: 1) Council allow for remote participation using teleconference for Special or Emergency meetings of Council; 2) Council not proceed at this time with changing its procedural by-law to allow for remote electronic participation in regular open session meetings of Council, Committee of the Whole meetings or other committee meetings until reliable technological solutions have been identified. MOTION CARRIED. 13. Committee Reports 13.1 2018 Community Grant recommendations Moved by Councillor Merrithew, seconded by Councillor Lowe: RESOLVED that as recommended by the City Manager in the submitted report entitled 2018 Community Grant Recommendations Common Council approve the recommendations to disperse the total grant envelope of $179,721 as follows: 1. That the following applicants be approved for funding at the indicated amount: Human Development Council.............................$15,000.00 Brilliant Labs............................................................$5,000.00 PRUDE Inc...............................................................$15,000.00 SJ Multicultural NRC.............................................$20,000.00 55+ Games.............................................................$12,500.00 Read SJ..................................................................... $2,000.00 Saint John Cricket Club Field Development ........ $5,000.00 Coastal Festival....................................................... $5,000.00 Outflow Ministry ...................................................$15,000.00 NBYO — Sistema.......................................................$5,000.00 Assoc. Reg Com-Francophone..............................$2,000.00 Denis Morris Community Centre........................$10,000.00 n. 100 - Common Council Minutes February 26, 2018 Fundy Gymnastics ................................................ FundyFringe......................................................... Swanton St Playground ........................................ Latimore Lake Community Centre .................... Lorneville Community Centre ............................ Martinon Community Centre ........................... Milford Community Centre ............................. Seniors Resource Centre ................................. Symphony New Brunswick ............................... Christmas in Queen Square West .................. Church) Lorneville Summer Playground Program ...... Seaside Lawn Bowling Club .............................. FogLit Festival ................................................... Vialsfor Life ........................................................ ..$2,000.00 ..$5,000.00 ..$4,000.00 ...$7,500.00 ...$7,500.00 ,..$7,500.00 ...$7,500.00 ....$7,500.00 ...$2,000.00 ....$1,000.00 (c/o Hillcrest Baptist .......$2,000.00 .......$2,000.00 ....... $1,000.00 ..........$721.00 2. That the Cherry Brook Zoo be granted $11,000. This amount must cover the costs of property taxes, with the remaining balance to support the zoo's special event request. 3. That no community grant funding be allocated to the following applicants: Immigration Relief Community Centre Stepping Stones Crescent Valley Greenhouse/Garden Project Salvation Army Fundy Fanfest Options Outreach Saint John Theatre Company YMCA Camp Glenburn West Side PACT NB Palliative Care Hospice Chinese Cultural Association Uptown Saint John Great Race MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 14.1 Letter from Province of New Brunswick — Response to Letter regarding Amalgamation of Greater Saint John Moved By Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that the Letter from the Province of New Brunswick — Response to Letter regarding Amalgamation of Greater Saint John be received for information. 11[0 00OK4leL']N1" 14.2 Contract No. 2017-25: Sanitary Sewer Svstem — CSO-SSO Controls Phase II Responding to a question, the City Solicitor commented on the policy rules that apply to accepting the lowest bidder on RFPs. The policies are intended to reflect the principle that public funds are to be spent responsibly and that no more money than is required is given on a bid. The rules for evaluating proposals is also a factor. Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-45: Contract No. 2017-25: Sanitary Sewer System — CSO-SSO Controls Phase 11, the 9 100 - Council Minutes- Regular Meeting February 26, 2018 contract be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $187,239.55 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. MOTION CARRIED. 15. General Correspondence 15.1 Amazeatorium - Request for Support Moved by Councillor Reardon, seconded by Councillor MacKenzie: RESOLVED that the Common Council approve Amazeatorium - Request for Support and that the Clerk be directed to purchase Small Spark (25 tickets) for $325.00. MOTION CARRIED. 15.2 Saint John Canada Day Committee - Request for Support Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the Saint John Canada Day Committee - Request for Support be received for information. lLTA [0JI1us] L[41e\ilk] Nl11101 15.3 Rotary Club Gala 2018 - Sponsorship Opportunities Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that the Rotary Club Gala 2018 - Sponsorship Opportunities be referred to the Common Clerk to purchase tickets for 1 table for $1,000.00. 15.4 St. Joseph's Hospital Foundation - Request for Sponsorship for 2018 Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the St. Joseph's Hospital Foundation - Request for Sponsorship for 2018 Dragon Boat Festival be received for information. MOTION CARRIED. 15.5 New Brunswick Non Profit Housine Association - Sponsorship Opportunities The Deputy Mayor commented that the sponsorship request is for Gold Level $5,000, however a Silver Level $2,500 sponsorship is also an option that could be purchased that would allow 2 Councillors to attend. Moved by Councillor Strowbridge, seconded by Councillor Sullivan: RESOLVED that the New Brunswick Non Profit Housing Association - Sponsorship Opportunities be referred to the Clerk to determine the interest among council members to attend the New Brunswick Non Profit Housing Association 25th Annual Conference and AGM to be held at the Delta Brunswick May 10-12, 2018 and purchase the required sponsorship. 16. Supplemental Agenda 10 100 - Common Council Minutes February 26, 2018 17. Committee of the Whole 17.1 Option to Purchase Agreement - New Brunswick Museum Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that as recommended by the Committee of the Whole having met on February 20th, 2018, Common Council approve that the City enter into the Option Agreement with the Province of New Brunswick (PNB) for the sale of 1.67 +/- acres on the former Coast Guard site for the development of the New Brunswick Museum under the terms and conditions contained in the submitted Option Agreement and direct the Mayor and Common Clerk to execute same on behalf of the City. MOTION CARRIED. 17.2 Lease of Building at 450 Fallsview Drive Moved by Councillor Merrithew, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on February 26th, 2018, Common Council approve that the City of Saint John grant a lease of space unto Bistro Connections Inc. for the property located at 450 Fallsview Drive under the terms and condition contained in the submitted Lease Agreement and direct the Mayor and Common Clerk to execute same on behalf of the City. MOTION CARRIED. 17.3 Appointments to Committees Moved by Councillor Reardon, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met February 26, 2018, Council approve the following appointments: Canada Games Foundation: to reappoint Jill Horgan for a three year term from February 26, 2018 to February 26, 2021 City of Saint John Shared Risk Plan Pension Board: to appoint Andrew Green for a three year term from February 26, 2018 to February 26, 2021 Discover SJ: to appoint Stephany Publicover for a three year term from March 26, 2018 to March 26, 2021 Planning Advisory Committee: to appoint Alexandra Weaver Crawford for a three year term from February 26, 2018 to January 1, 2021 Saint John Aquatic Centre Commission: to appoint Stephane Bolduc for a three year term from February 26, 2018 to February 26, 2021 and appoint Mike Sheppard from April 24, 2018 to April 24, 2021 Saint John Community Arts Board: to appoint both Abigail Smith and Sarah Wilson for three year terms from February 26, 2018 to February 26, 2021 Saint John Free Public Library: to appoint Allan Davis for a three year term from February 26, 2018 to February 26, 2021 and to reappoint Anu Gupta for a three year term from March 16, 2018 to March 16, 2021 Saint John Parking and Transit Commissions: to appoint Kay Gillis for a three year term from February 26, 2018 to February 26, 2021 MOTION CARRIED. 11 100 - Council Minutes- Regular Meeting February 26, 2018 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on February 26, 2018, be adjourned. MOTION CARRIED. The Deputy Mayor declared the meeting adjourned at 7:55 p.m. Deputy Mayor / maire suppleant Common Clerk / greffier communal 12 From: Friends of Rockwood Park [mailto:forp2006@gmai1.com] Sent: February -20-18 11:05 AM To: External - CommonClerk Subject: Heritage Fair FORP Report Common Clerk, City of Saint John commonclerk@saintiohn.ca February 20, 2018 To Mayor and Council, City of Saint John Attention: Phil Ouellette The following is an excerpt from the Friends of Rockwood Park (FORP) report on their exhibit at the Heritage Fair held at the Market Square Atrium on Saturday, February 17, 2018. "There was a really good response to our exhibit. The interesting thing (well, there were many interesting things) was that of all the people who stopped to talk or write comments, etc., only ONE -all day long- was in favour of development. Also, virtually all the people who stopped by already knew about the whole situation, even though they were mostly people unknown to us. It appears we had a very large base of public support, possibly far more than we had thought. Many people took the time to write suggestions on what might be done to improve the 1671 Sandy Point Road site. There were many who stopped to chat and didn't want to write their ideas, or just wanted to say how much they were against any development, any place in the Park. It could be that council underestimated how much people care about preserving all of Rockwood Park." -Friends of Rockwood Park 13 Island Viers School Parent School Support Committee 496 Ridge Row Saint John, NB E2M 4A1 February 15, 2018 To Whom it May Concern, Members of the Island View School community have expressed traffic safety concerns and are requesting that the City of Saint John review the area in order to implement traffic -calming solutions to ensure the safety of the students and children in the area. The Parent School Support Committee (PSSC) is endorsing the letters of concern from the community which express the following requests: • A meeting with the school administration and other stakeholders to discuss the traffic concerns • Signage that will calm the traffic flow in the area • Sidewalk on one side of Forrest Hill Drive • Enrolment in the Safer School Zones Program Please find letters from the community, and a map of the area attached. Please respond to let us know that this information has been well received and please indicate what the next steps will be or what type of action will follow. Sincerely, Michae aigle ` mjpd@outlook.com PSSC Chair Island View School Att. 14 February 23, 2018 Dear Councilor Norton, On behalf of the Island View School community we are writing about traffic safety concerns in the Island View Heights neighbourhood that have been occurring for many years. Motorists in the Island View Heights neighbourhood are not complying with the rules of the road; they are driving too fast, not stopping at stop signs or crosswalks, and some of our students and parents are almost getting hit. There are three main areas of concern we want to bring to your attention. Forest Hill Drive does not have a sidewalk, therefore students walking down to the school have to walk on the road. This road is the only entrance to Island View School and all motorists entering the school come down it. Motorists drive too fast down the road daily, making it unsafe for the students who live at the bottom half of Forest Hill Drive to walk to school safely. At the bottom of the hill there is a blind turn and the cars speeding down make it extremely unsafe for the students to cross to go to the school. Students, staff and parents have almost been hit by motorists driving too fast many times on this area of Forest Hill Drive. This street is also a two-way street and the combination of vehicles speeding down and the blind turn for when a vehicle is coming up the street is an even more dangerous situation in the winter. In the winter months, the walking situation is even more dangerous. The road is often not plowed before vehicles start coming down in the morning. When it is not plowed, students have to walk in the tire tracks and the vehicles drive behind them. When it is plowed, the snow is only cleared the width of the plow's blade and students have to walk in the middle of the road. Motorists driving down Forest Hill Drive need to be forced to slow down before someone gets hit. A solution to this problem would be to put speed bumps on Forest Hill Drive between Ridge Row and the bottom of the hill going to the school. There is a three way stop at the corner of Llewelyn and Ridge Row and it is a very large intersection. Motorists often do not slow down or stop at the stop signs. Children have to walk on the road and then cross at this intersection to get to the sidewalk on the other side of Ridge Row. The sidewalk along Ridge Row is the only sidewalk in the neighbourhood. There are no crosswalks painted on the road. There are no signs indicating that children are crossing. Standing on the road is often very dangerous as vehicles speed right through the stop signs and parents have often had to pull their children off the road and onto a resident's yard to avoid getting struck by motorists. There are no signs telling motorists they are in a school zone and telling them to be cautious and slow down. There is no safe way to cross at this intersection. The stop sign at the corner of Llewelyn and Clearview Row is another dangerous intersection as motorists cannot see what is coming up Clearview Row so they often just go right through the stop sign and into the intersection. As children are walking up Clearview Row, there is a blind 15 corner and they are at risk of being struck by motorists going through the stop sign. Since there is not a sidewalk the children are forced to walk on the road. The mornings are very busy with a lot of traffic and people in a rush to get to work. It is not a question of if a child will be struck and killed, it is when. In the winter it becomes even more dangerous as snow piles up on the road and the road becomes narrower and the snow banks are high. The students are sometimes forced to walk almost in the middle of the road and the motorists cannot see the children beyond the snow banks. This coupled with speed and not following the posted signs makes for a very dangerous area. Another major area of concern is the intersection of Forest Hill Drive and Ridge Row. This is the busiest intersection in the neighbourhood as it is the only entrance to Island View School. Although there is a crosswalk painted on the road to cross, motorists do not yield to students and parents crossing. They often drive through the stop sign as if it does not exist, even when students are trying to cross. To make this extremely busy intersection a safer one to cross, there should be a push button crosswalk to allow for the students and parents to cross safely and motorists come to a complete stop. Although a brochure was sent out to parents with safe walking techniques by the City of Saint John, these tips are not relevant to the Island View Heights neighbourhood. With the exception of one side of Ridge Row, there are no sidewalks for the children to walk safely to and from school. Walking students have to walk on the road which puts those students in danger of being hit by motorists. There is only one marked cross walk in the neighbourhood. The brochure indicated that students should cross at stop or yield signs if there are no marked cross walks; however, this is still dangerous as motorists are not stopping or yielding and are going at very high speeds down Ridge Row. The speed limit in the brochure is listed as being 50 km/h. Other school zones in the city are listed as 40 km/h or less, and Island View Heights should not be any different. Other school zones are very clearly indicated that there are students walking and to proceed with caution. Island View School has a very large student population. It is nestled into a residential area and is virtually hidden from sight when travelling along Ridge Row. In the mornings and the after school times there are many motorists driving students to and from school, there are buses transporting students and there are walking students. There is one sidewalk along Ridge Row on one side. There is one sign at the corner of Forest Hill Drive and Ridge Row pointing people in the direction of the school. There is only one a single sign indicating a crosswalk and there is not one single sign indicating that children are walking to school and to proceed with caution. Motorists are often driving too fast in the neighbourhood, not stopping at signs and not stopping for children crossing the road. Parents and students have had to leap out of the way of speeding motorists and with several blind hills located on Forest Hill Drive and Clearview Row it makes it very dangerous for parents and students who walk to school. This becomes even more dangerous as winter approaches and the risk of high snow banks makes walking on the road very risky. Motorists ;seed to be forced to slow down and having speed bumps, speed 16 signs and proper crosswalks will slow people down. The school community feels that the following actions from the City of Saint John should be considered to make the walk for students, parents and community members safer: 1. Speed bumps going down Forest Hill Drive towards Island View School. 2. Speed bumps along Ridge Row and especially approaching the stop signs. 3. Installing a 4 way stop at the corner of Forest Hill Drive and Ridge Row. 4. Crosswalks painted on the road at all intersections crossing Ridge Row towards the sidewalk, including signs indicating it is a crosswalk ------- ---- ---- - - - 5. Signs indicating that it is a school zone and to proceed with caution, including a reduced speed in the school zone area. 6. Speed indicators telling people the speed they are going and signs indicating the consequences of speeding through a school zone. 7. A crosswalk button installed the pre-existing crosswalk at the intersection of Forest Hill Drive and Ridge Row. Included with this letter are 3 letters from walking students. Benjamin is in grade 2, Washel is in grade 2, and Kayla is in grade 5. We would further like to ask that you consider consulting with us in the future if you have any questions as to how to make our school community and neighbourhood safer for all of our students and families. We would like Island View School to be a priority for the Safer School Zone Project, making Island View Heights a safe neighbourhood for students and all community members. Sincerely, Concerned Community Members Joanne McGrath Tanya Henry -Morse Ronda Leavitt 17 0 My name is Kayla Leavitt. I live on Ridge Row. When I walk to school-I-feel -unsafe and afraid - to cross the street without my mom or brother by my side .! arra afraid because the cars don't stop at the sign to let me go and they drive- too fast. Please make it safer for me to walk to school. ila�la Lea°�+� 19 20 Fundy Regional Service Commission Commission de Services Regionaux de Fundy March 2, 2018 Jonathan Taylor, Common Clerk City of Saint John PO Box 1971 Saint John NB E21_41_1 Dear Mr. Taylor: PO Box / CP 3032, Grand Bay -Westfield NB E5K 4V3 T. 506 738-1212 0 F. 506 738-1207 hotline@fundyrecycles.com c CFEE- 0 2018 - f -. At the meeting of the Board of the Fundy Regional Service Commission held February 26, 2018 the following motion was adopted. Be it resolved that the Commission intends to proceed with the Landfill Containment Cell#8 and that staff distribute written notice of the intent to borrow with the 45 days notice requirement to Municipalities and the Minister as per the Act, and submit an application to the Municipal Capital Borrowing Board for authorization to borrow for a capital expense for the following purpose, amount and term: Purpose: Solid Waste Services (Environmental Health) Amount: $ 4,610,000 Term: Temporary borrowing in the amount of $ 990,000 and $ 3,620,000 for a term not to exceed 4 years. Attached you will find the engineering estimates for Cell#8 for your review. Cell#8 construction was started in 2017 using capital from operating and it will replace Cell#7 which is projected to be at capacity in October 2018. This borrowing is scheduled and accounted for as per the approved 2018 Budget. Gemtec Engineering estimates a four-year life on the cell resulting in the borrowing duration. The need to borrow has resulted from the significant decrease in tipping fee revenue from lower volumes and static tip fees since 2008. There are upward pressures on future tip fees, however, they will be determined during the annual budgeting process of which you will have notice. Your representative is scheduled to vote at the April 23, 2018 meeting. If you require any further information or have any questions please do not hesitate to contact me. Sincerely, l Marc MacLeod Executive Director 21 1- GEMTEC CONSULTING ENGINEERS AND SCIENTISTS February 2, 2018 Fundy Regional Service Commission 10 Crane Mountain Road Saint John, New Brunswick E2M 7T8 GEMTEC Consulting Engineers and Scientists Limited tel: 506.657.0200 589 Rothesay Avenue fax: 506.657.0201 Saint John, NB, Canada saintjohn@gemtec.ca E21-1 2G9 www.gemtec.ca Attention: Mr. Marc MacLeod, Executive Director Re: Containment Cell 8 - 2018 Construction Cost Estimate Crane Mountain Landfill, Saint John, New Brunswick File: 9042.25 — L01 This letter details the anticipated construction costs associated with the construction of Containment Cell 8 at Crane Mountain Landfill in 2018. The different contracts required for this project and their associated estimated costs are detailed below: • Contract 2017-02 — Containment Cell 8 — Subbase, Drains, and Berms o Tendered August 2017, Awarded to Keel Construction Ltd. o Total Estimated Value (Inc. HST) - $1,253,569.00 o Total Value Completed in 2017 (Inc. HST) - $500,004.56 o Total Estimated Value Remaining in 2018 (Inc. HST) - $753 564.44 • Contract 2017-06 — Supply of Clayey Material (Cell 8) o Tendered December 2017, Awarded to L. Halpin Excavating Ltd. (pending funding) o All work to be conducted in 2018 o Total Estimated Value (Inc. HST) - $599,380.00 • Contract 2018-xx — Containment Cell 8 — Liner and Leachate Collection System o To be tendered in April 2018. o All work to be conducted in 2018. o Total Engineer's Estimate Value (Inc. HST) - $2,165,000.00 • Contract 2018-xx — Containment Cell 8 - Civil, Electrical, Mechanical (Lift Station 5) o To be tendered in April 2018 o All work to be conducted in 2018 o Total Engineer's Estimate Value (Inc. HST) - $650,000.00 • Contract 2018-xx — Cell 8 Frost Cover Materials o Anticipated to be tendered in fall of 2018 o All work to be completed in 2018 o Total Engineer's Estimate Value (Inc. HST) - $300,000.00 experience • knowledge • integrity 22 Based on the above estimated contract values, the total estimated costs (including HST) for 2018 for the construction of Containment Cell 8 at Crane Mountain Landfill is approximately $4,467,945. This estimated value should be taken for preliminary budgeting purposes only. Only two (2) of the five (5) contracts have been tendered at the time of this estimate calculation. Actual costs will be based on the tender results and quantities used during construction. We trust this meets your requirements at this time. Please do not hesitate to contact the undersigned if you have any questions or require further information. Sincerely, Marco Sivitilli, P. Eng. MLS/bjs N:\Files\9000\9042.25\Budget Estimates\2018mis0202-L01 (Cell 8 Construction Estimate).docx Letter to: Fundy Regional Service Commission 2 +GEMTEC Project: 9042.25 (February 2, 2018) 23 F G2 PROFILE �EOGAR�G --G GARBAGE SUR � FE -------- CELLMBfiFNt GRAO�IVC� - \ C OPOS G RVICEE- CELL RO0... E%S'e� �<EIPROPCSEDGRADE $ � $ — r $ r.E .;4 $ L - 24 CELL 8 !URFACE BAGE VOLUME = 379,206 cu.m Fundy Region Solid Waste Gestion des d6ftt solides de Fundy LK MLS FUNDY REGIONAL SERVICE COMMISSION CRANE MOUNTAIN LANDFILL CONTAINMENT CELL # 8 CELL 8 GARBA CROSS SECTIONS 1s 0 t0 20 ]pP 90422515 Aµ D15 GEMTEC Town of Grandoay-Westfiefd 914ayor's Office Mayor Grace Losier 609 River Valley Drive • P.O. Box 3001 • Grand Bay -Westfield, N.B. • E5K 4V3 Tel: (506) 738-6433 • Fax: (506) 738-6424 • mayor@towngbw.ca February 21, 2018 Office of the Premier Chancery Place P.O. Box 6000 Fredericton, NB E3B 5H1 Dear Mr. Premier: ��- -- I AR 0 b 2018 P i On behalf of Town of Grand Bay -Westfield Council, this is to advise of the unanimous opposition of our Elected Officials to the amalgamation of the Greater Saint John Region into a single Saint John Municipality as well as our opposition to another study on this issue. We believe attempting to solve the City of Saint John's issues by increasing its size is illogical since its territory is already too large resulting in high operating costs. We speak from experience as the amalgamation of Westfield to Grand Bay resulted in a municipal unit twice the size in territory and overall increased service costs for tax payers. Grand Bay -Westfield has consistently supported the importance of an economically prosperous and strong City of Saint John. Since 1998 our municipality has contributed annually to the Regional Facilities Commission, Enterprise Saint John, and made contributions to P.R.O. Kids, the Saint John Theatre Company, Saint John Field House, St. Joseph's Hospital Foundation, Saint John Sea Dogs, Hospice Saint John, The Chamber Saint John, Saint John Pro Basketball, Boys & Girls Club Saint John, Saint John Harbour Lights, Saint John & District Crime Stoppers, Saint John Community Loan Fund, UNBSJ, YMCA, Saint John Transit, and numerous other entities. G:\Wpdoc\2018\MAY0R\Letter - Premier - Amalgamation of Greater SJ Region.doc 25 OFFICE OF THE PREMIER CITY OF SAINT JOHN REQUEST FOR AMALGAMATION STUDY FEBRUARY 21, 2018 Our Municipal Plan provides for managed growth to ensure we can meet our service needs, which are significantly lower than those of the City of Saint John. As a neighbor to Saint John we have not sought major industrial and commercial businesses as we recognize these businesses generate the broad tax base upon which the City can draw significant revenues. Our residents have been supportive of our regional cooperation however, as made abundantly clear in 1997/1998, they are adamantly opposed to amalgamation with the City of Saint John. Accordingly, we believe it's ill- advised to proceed with a related study particularly in light of the significant resources and costs associated with the exercise and the divisiveness it creates. We trust serious consideration will be given to our strong opposition to the City of Saint John's request. Sincerely Grace Losier Mayor GL/hs G:\Wpdoc\2018\MAY0R\Letter - Premier - Amalgamation of Greater SJ Region.doc 26 REQUEST TO PRESENT TO COUNCIL FORM The City ofHe m 101in First Name: Derek Last Name: Riedle Name of Organization/Group (where applicable): Civilized Worldwide Inc. Bailing Address: 86 Prince William Street City or Town: Saint John Province: New Brunswick Postal Code: E2L 263 Day Time Phone Number: 506-512-2333 Email: d@civilized.life CfX 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: Welcoming the cannabis industry (and cannabis investment) to Saint John, NB Purpose for Presentation (what is the ask of Council): A closed -session 'teach -in' designed to help Common Council ready the local business climate for enhanced growth and investment related to the emerging cannabis industry; and position Saint John to take advantage of growing cannabis industry. Backgro«nd Information: In 2016 legal cannabis generated $6.7 billion across North America. With new legal jurisdictions coming on-line all the time, we're now expecting that number to grow to $33.8 billion between 2017 and the end of this year. Meanwhile, Canada's consistent and certain position (vs. the uncertain U.S. federal position) has made our country the place to invest in cannabis growth, technology, development, research, systems and brands. New Brunswick, in particular, is on track to become known internationally as a leader in this emerging industry, and will leverage this status to attract high-growth investment, research and development, and innovation. Cannabis is the industry that will generate wealth, strengthen our workforce and help to increase our population. With the right business and investment climate, Saint John can take advantage of this opportunity. Signature: Derek Riedle Date: 2018-02-27 r . From: Marthe Gautreau[mai Ito: MGautreau@huntingtonsociety.ca] Sent: February -28-18 3:44 PM To: External - CommonClerk Subject: May 2018 Huntington Disease Awareness month Dear Mayor Don Darling and Members of Common Counselors, May 2o18 will be recognized as Huntington Disease Awareness Month. In Canada, one in every 7,000 people have Huntington disease (HD), one in every 5,500 people are at - risk for HD and one in every 1,000 people are affected by knowing someone who has HD. Its impact is widespread, affecting generations of families. Huntington Disease Awareness Month aims to raise awareness to help slow and eventually stop this devastating disease. To help inform Canadians, volunteers nationwide would like to make a formal request for the Saint John City Hall Building to turn blue and purple on available dates in May 2o18 for HD and Juvenile HD (JHD) awareness. Huntington Disease Awareness Month is an opportunity to educate Canadians about Huntington disease. Huntington disease is a fatal genetic brain disorder that is like having the symptoms of ALS, Alzheimer's, Parkinson's and schizophrenia all in one disease. The Huntington Society of Canada (www.huntingtonsociety.ca) is a national network of volunteers and professionals, who, since 1973, have aspired to a world free from Huntington disease. The Society maximizes the quality of life of people living with HD by delivering services, enabling others to understand the disease and furthering research to slow and to prevent Huntington disease. Our charitable registration number is 11896 5516 RR0001. Please help draw attention to this devastating disease. Help us tell Canadians about the importance of increasing funding for research and services in our local area. Thank you for your consideration. If you have any questions, you can reach me at or contact the Huntington Society of Canada at 1-800-998-7398 or communications Phuntingtonsociety.ca. Respectfully Submitted, Marthe Gautreau, RSW/TSI New Brunswick Resource Centre Director/Directrice Centre de ressources du N. -B. Huntington Society of Canada / Societe Huntington du Canada P. O. Box 29052 / C.P. 29052 Moncton, N.B. E1G 4R3 (506) 384-2345 Toll free / Sans frais 1-844-384-2345 HSC toll free/ SHC sans frais 1-800-998-7398 mgautreau@huntingtonsociety.ca www.huntingtonsociety.ca 9.1 Please note my work hours are Mondays, Tuesdays, Wednesdays from 8:15 Am to 4:30 Pm and Thursdays from 8:15 Am to 11:30 Am. Notez s'il vous plait, mes heures de travail sont les lundis, mardis, mercredis de 8h15 a 16h30 et les jeudis de 8h15 a 11h30. Click here to learn more about our monthly donors! Follow us on social media! 17171777 Proud Member of HealthPartners 29 HELP US LIGHT UP THE WORLD! TOGETHER LET'S RAISE THE VISIBILITY OF JUVENILE HD AND HD. Thanks to local and national volunteers our LightltUp4HD campaign is gaining lots of attention. With the encouragement from volunteers across Canada (and even the globe!) we are expanding #Light1tUp4HD. Let's light up the world in purple and blue, for Juvenile Huntington disease (JHD) and Huntington disease (HD), throughout the month of May 2018! The more days we can light up, the more awareness we will bring to HD. Our goal is to #LightltUp4HD, somewhere in the world, each day of the month. Rather than one day, we are looking to celebrate May Awareness each and every day of May 2018. Want to see how we did last year? Check out this video from 2017's #LightltUp4HD. If you would like to know more about the site involved, please click on it and you will be directed to their webpage. Scroll down for our information package, templates for contacting sites and more about how you can get a site to participate. Don't miss a single post, see what everyone's posting with our official hashtag #LightltUp4HD! For Facebook posts, click here. For Twitter posts, click here. WHO IS INVOLVED? BRITISH COLUMBIA, CANADA BC Place, Vancouver — May 1 Vancouver Lookout & Harbour Centre — May 1 The Leckie Building, Vancouver — May 1 The Birks Building, Vancouver — May 1 30 688/698 West Hastings, Vancouver — May 1 Vancouver City Hall — May 5 Cauldron (Olympic Torch), Vancouver — Date TBD Vancouver Convention Centre — Date TBD ALBER I A, CANADA High Level Bridge, Edmonton — May 5 McMahon Stadium, Calgary — May 5 ATB Place (formerly Telus Tower), Edmonton — May 5 MANITOBA, CANADA RBC Convention Centre, Winnipeg — May 9 The Forks, Winnipeg — May 13 to 19 ONTARIO, CANADA Wawa Goose — May 1 to 13 London City Hall — May 7 to 13 Sifton Properties, London — May 7 to 13 THEMUSEUM, Kitchener — May 14 to 18 NOVA SCOTIA, CANADA Halifax City Hall — May 29 to 31 AROUND THE WORLD Perth Bell Tower, Australia — May 5 & 6 31 Perth Elizabeth Quay, Australia — May 5 & 6 Perth Trafalgar Bridge — May 5 & 6 Brisbane Victoria Bridge, Australia — May 9 & 10 Brisbane Storey Bridge, Australia — May 9 & 10 Brisbane Treasury Casino, Australia — May 11 Maryborough City Hall, Australia — May 11 Toowoomba City Hall, Australia — May 7 to 13 Toowoomba Victoria Street Bridge, Australia — May 7 to 13 JOIN IN THE FUN AND LET'S SHOW THE WORLD WHAT OUR GLOBAL COMMUNITY CAN DO! Join this growing movement! Choose a building, monument or statue in your area. Step 1: Email communications(cD_huntingtonsociety.ca with your suggestion. Email us to with the name of the site you want to contact. We will confirm and add your site to the list. On to step two! Step 2: Contact the building, monument or statue. a) Find the contact information on their website. b) Call or email them directly and ask what the process is to light up the building, monument or statue. If they need more information about Light It Up 4 HD, you can provide them with this info package. Other materials include photo 1 and photo 2, as well as general HD materials like this poster and this brochure. c) Once you know the process, use this template, complete your information, and email it to the site. 32 Step 3: Wait for confirmation. It could take a couple of days or even up to 4 — 6 weeks; if you don't hear back, don't be shy! Go ahead and contact them again. Step 4: Official confirmation. Some buildings, monuments or statues want official confirmation from HSC. That's no problem just forward the request to communications(ab-huntingtonsociety.ca and we will confirm you are working on our behalf. Please note: Most sites will need 6 — 8 months to prepare so, let's start now! 33 M&C No. MC 2018-63 Report Date Feb 26, 2018 Meeting Date March 12, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Traffic Paint Sole Source OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Steve Bishop Mike Hugenholtz I Jeff Trail 1.7��1� �IuI �►�I �7_� ��[�1PI Notwithstanding the City's Procurement Policy, your City Manager recommends that Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2018 construction season as a sole source procurement from Stinson Equipment Limited at a cost of $ 73,797.64 plus HST EXECUTIVE SUMMARY The purpose of this report is for City staff to demonstrate to Common Council the continued overall quality and service efficiency benefits of using Franklin Paint Company's traffic paint compared to competitor brands leading to a sole source recommendation for 2018. PREVIOUS RESOLUTION That as recommended by the City Manager in the submitted report M&C 2016-010: Traffic Paint Sole Source, notwithstanding the City's Procurement Policy, Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2016 construction season as a sole source procurement from Stinson Equipment Limited. STRATEGIC ALIGNMENT This report demonstrates the City's commitment to effective and efficient service delivery. 34 REPORT Five years previous to the 2016 traffic painting season, the City had procured traffic paint from four different manufacturers. Three of these four manufacturers ultimately did not meet the City's specifications. One manufacturer did not meet the material composition requirements. The other two manufacturers provided product that clumped during the painting season causing damage to equipment and excessive down time. Only Franklin Paints (used in 2011) met specifications upon delivery and throughout the subsequent painting season. City staff has attempted over those five years to maintain the spirit of a competitive bidding process. Tender specifications had been updated each year including more stringent material and performance specifications, ability for the city to test the paint at its discretion and penalty clauses for non-conformance. In one of these years a non -conforming manufacturer had provided replacement competitor's paint and in another year the manufacturer returned with agitating equipment to bring the paint back into conformance. Ultimately, however, operational effectiveness and efficiency as well as service delivery to the public were negatively impacted in each of these years that more than offset the lower cost of the low tender. Quantifying the net benefit of procuring the higher quality and more costly Franklin Paint through a sole source procurement versus continuing a competitive bid process in 2018 is difficult. In 2015, a quote submitted for Franklin Paint was approximately $31,000 greater than the low tender based on the quantities needed in 2015. It is expected the relative cost savings on material if a low tender process was used for 2018 would to be similar. The question then turns to quantifying the operational effectiveness and efficiency benefits by using the higher quality Franklin paint and comparing this to the added $31,000 material cost. One lost day of productivity when clumping of the lower quality paints occur would cost approximately $1400 to make up in labor costs when overtime is required. It would only take 11 days of lost productivity to offset half this difference in material cost. The clumping is hard on the $200,000 worth of painting equipment that the City owns, requiring more frequent replacement of parts such as filters and pumps and accelerated depreciation of these expensive assets. Additional staff time, both in working with manufacturers/suppliers of non -conforming paint and in explaining to the public delays to the painting program, is also an added cost. One key measurement of the operational effectiveness of the annual painting program is the repainting of all the approximately 3300 traffic markings and 350 KM of centre and lane lines in a timely manner. Extended times when these traffic control devices remain faded or risk that the annual program may not be completed due to delays by non -conforming paint is a negative impact to public safety. In 2016 and 2017, a sole source tender was awarded to Stinson Equipment Limited through which Franklin Paint Company product was obtained. The product performed very well and none of the aforementioned issues related to the other vendors was experienced. The Department experienced zero downtime related to the quality of the paint and is happy with it performance and longevity. 35 City staff remains committed to respecting the competitive bidding process and is always open to having manufacturers demonstrate that their traffic paint meets the City's specifications. At this point staff has not had any other manufacturer demonstrate compliance with our required quality requirements. From a service efficiency and effectiveness perspective, Staff is confident a sole source purchase of Franklin Paint Company product, through Stinson Equipment Limited, is the best solution for the 2018 painting season SERVICE AND FINANCIAL OUTCOMES Funding is included in the 2018 General Fund Operating Budget for the anticipated purchase price of $84,867.29 of the Franklin paint. Operational efficiency through the recent purchase of a new paint truck has decreased the quantity of traffic paint required over a painting season. The Franklin traffic paint in 2018 is expected to cost $10,000 to $15,000 greater than the low tender of 2015 as a result of this reduction in required material. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input from the Materials Management Division has been incorporated into this report. City staff has received input from both the cities of Fredericton and Moncton. The City of Fredericton has used Franklin Company paint for the last six years and is content with the product. The two previous years Fredericton used two different other manufacturers (same from the list of those used by Saint John) with similar negative results. The City of Moncton has also experienced issues with other manufacturers. They commenced a sole source procurement of Franklin Paint through Stinson Equipment Ltd. In 2015, and will be continuing with their product in 2018. City staff will be working with the two cities in an effort to place a single larger order of paint attempting to reduce the price with the larger order. The similar experiences of the three cities add to City staff's confidence in their recommendation. ATTACHMENTS List attachments related to report. 36 COUNCIL REPORT M&C No. 2018-64 Report Date February 28, 2018 Meeting Date March 12, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-17: Bulk Water Dispensing System Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kevin O'Brien Brent McGovern /Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-17: Bulk Water Dispensing System Upgrades be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $132,224.01 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2017- 17: Bulk Water Dispensing System Upgrades to the low Tenderer. PREVIOUS RESOLUTION November 9, 2015; 2016 Water & Sewerage Utility Fund Capital Program Approved. November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments Approved. January 15, 2018; Third Reading for stop up and closure of a section of Service Road right-of-way. 37 -2 - REPORT BACKGROUND The approved 2016 and 2017 Water and Sewerage Utility Fund Capital Programs include funding for upgrades to the City's existing bulk water dispensing system. The work involves the replacement of the existing bulk water dispensing system located at the Champlain Drive Water Pumping Station as well as the installation of a new bulk water dispensing system on King William Road (near #251 King William Road). TENDER RESULTS Tenders closed on February 27, 2018 with the following results, including HST: 1. Fairville Construction Ltd., Saint John, NB $ 132,224.01 2. Maguire Excavating Ltd., Saint John, NB $ 137,210.81 3. Galbraith Construction Ltd., Saint John, NB $ 142,945.00 4. Midi Construction Ltd., Saint John, NB $ 153,352.50 5. TerraEX Inc., Saint John, NB $ 365,812.70 The Engineer's estimate for the work was $139,401.85, including HST. ANALYSIS The tenders were reviewed by staff and found to be formal in all respects. The tender from Maguire Excavating Ltd. contained a conflict between the written and numeric bid prices for one bid item that required correction in accordance with specification article 2.11 u) (ii). The tender from TerraEX Inc. contained three errors in mathematics (two errors in extension of unit prices and one addition error) that required correction in accordance with specification article 2.11 u) (i). The corrected tender results are indicated above. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2016 and 2017 Water and Sewerage Utility Fund Capital Programs. This project is partially funded by the Clean Water Wastewater Fund. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget Project net cost Variance (Shortfall) -3 - $ 250,000.00 $ 250,970.50 - $ 970.50 POLICY - TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. F��:��1[�1�►P1�7dIP/_1P[�/_►��I�j��1��7�7 This project will improve the level of service the City provides to bulk water customers by adding a location to access bulk water on the west side of the City. The reliability of the system will also be improved through the replacement of the existing bulk water dispensing unit on the east side of the City. The projected budget shortfall can be accommodated within the existing Water and Sewerage Utility Fund Capital Budget envelope. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A I-ItrALy11h1off MI N/A 39 COUNCIL REPORT M&C No. 2018-70 Report Date March 07, 2018 Meeting Date March 12, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. 2018 Agreement with SOT Brunswick Square Inc. for Cleaning and Security Services for Chipman Hill OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jason Barton Kevin Fudge/lan Fogan, Samir Yammine Jeff Trail RECOMMENDATION The City Manager recommends: 1) That the City enter into a one (1) year agreement with SOT Brunswick Square Inc. for cleaning and security services for the Chipman Hill Pedway at an annual cost of $49,150.86 (excluding HST) for the calendar year 2018; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to enter into an agreement with SOT Brunswick Square Inc. (formerly Fortis Properties) for cleaning and security services for the Chipman Hill Pedway for the 2018 calendar year. Colliers International Inc., on behalf of SOT Brunswick Square Inc. (formerly Fortis Properties), has been providing cleaning and security services for the Chipman Hill and City Market Pedways for many years. At a meeting of the Common Council held on August 8th, 2017, the following resolution was adopted: .m sa RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-189: 2017 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways: 1) The City enter into a one (1) year agreement with SOT Brunswick Square for cleaning and security services for the Chipman Hill and security services for the City Market Pedways at a cost of $56,155.37 including HST for the year 2017 in the form as attached to M&C 20176-189; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. STRATEGIC ALIGNMENT The Chipman Hill Pedway, forms part of the interconnected Pedway system (also known as the "Inside Connection") that ultimately connects much of the uptown core — from the City Market to the Saint John Hilton Hotel to Harbour Station, as well as all amenities in between. The Pedway system contributes to Plan SJ in a variety of ways, including its location in an intensification area (uptown primary centre), being barrier -free accessible throughout, and being a connection point in the uptown circulation network. REPORT In 2016, SOT Brunswick Square Inc. acquired Brunswick Square from Fortis Properties. Colliers International Inc. currently provides day-to-day property management services on behalf of SOT Brunswick Square Inc. For all intents and purposes, Colliers International Inc. Management is the City's primary contact and service provider, and is herein referred to as such. As presented in a previous report to Common Council (M&C 2013-183), the cost of the services provided by Colliers International Inc. (formerly McCOR Management) is less than cost for which the City of Saint John could procure and/or provide the services directly. Colliers International Inc. is able to be very competitive with their pricing since they have been providing these services for many years and have developed efficiencies in doing so. They also recognize the value of the Pedways to Brunswick Square and the Delta Hotel, thus, they have shared the cost of these services with the City of Saint John, further reducing the cost to the City. In 2016 the City also upgraded the previous Lift Device for Persons with Disabilities at the City Market Pedway to a full service elevator as part of the City 41 am Market Capital Improvement Program. The previous lift device required Colliers International Inc. to monitor and operate during all operating hours of the Pedway. This service is no longer required with the installation of the full service elevator. SERVICE AND FINANCIAL OUTCOMES The total cost of cleaning and security services for the Chipman Hill Pedway for the 2018 calendar year is estimated to be $49,150.86 ($4,095.90 monthly), excluding HST. This is a slight increase over 2017 ($48,830.75 or $4,069.23 monthly, excluding HST). Staff of the Facility Management Division considers that the proposed agreement with Colliers International Inc. is a cost effective solution as compared to the alternatives available at this time, thus, recommends its execution. Funding for the costs associated with this agreement for cleaning and security services have been provided in the 2018 operating budget of the Facility Management Division. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Representatives from Facility Management, Finance, and Legal Services have reviewed this report and are satisfied with the recommendations as they pertain to their respective areas of service. ATTACHMENTS Agreement by and between the City of Saint John and SOT Brunswick Square Inc. for cleaning and security services for the Chipman Hill Pedway 42 THIS AGREEMENT made in triplicate copies this 1 st day of December 2017, BY AND BETWEEN: 1 SOT BRUNSWICK SQUARE INC., a body corporate incorporated under the laws of the Province of Ontario and having its head office in the City of Toronto, Province of Ontario, hereinafter called Brunswick Square OF THE FIRST PART - and — 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 SECOND PART WHEREAS the City is the owner of premises known as the "Chipman Hill Pedway" and the "City Market Pedway", hereinafter called "the Pedways"; AND WHEREAS Brunswick Square is the owner of the premises located in between the two Pedways; AND WHEREAS the purpose of this agreement is to provide for the maintenance and security of the Pedway by Brunswick Square; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the tenns and conditions set out in this Agreement, the parties agree as follows: I . This Agreement is for a term of one (1) year beginning on January 1, 2018 and ending on December 31, 2018. 2. Brunswick Square shall keep the Chipman Hill Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the Pedway. This includes, but is not necessarily limited to floors, windows, window frames, doors and railings. The City shall keep the City Market Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the City Market Pedway, This includes but not necessarily limited to floors, windows, window frames, doors and railings. 3. (a) Brunswick Square shall have access to the Pedway to carry out inspections of the condition of the said Pedway, 43 (b) In the event that such inspections reveal that emergency type repairs or replacements are required, then in such an event, Brunswick Square shall immediately perform such repairs or replacements as are necessary to correct the emergency in a good and workmanlike manner, and subsequently advise the City of the emergency and related repairs as soon as reasonably possible. Forsuch emergencies, Brunswick. Square shall add a 15% administration fee to all costs incurred. (c) In the event that such inspections reveal that non -emergency type repairs or replacements are required, then in such an event, Brunswick Square shall so advise the City, and the City shall be responsible to do these non -emergency type repairs or replacements at its own costs at its full discretion. 4. The City shall maintain the structural integrity of the Pedways. (a) The City shall keep the Temperature in the Pedways set at 19 degrees Celsius twenty- four (24) hours per day and seven (7) days per week between the months of October and May. (b) The City shall provide cooling to the Chipman Hill Pedway only when the temperature reaches or exceeds 24 degrees Celsius between the months of June and September and only between the hours of 9:30 and 5:30pm, Monday through Saturday. Outside of core hours, the unit will be scheduled in night set back mode with a cooling setpoint of 28 degrees Celsius. 6, The City shall maintain signage on the Pedways to the effect that the Pedways are owned, maintained and operated by the City and that any concerns or complaints related to the Pedways should be directed to the City. 7. Brunswick Square shall not make any changes, including painting, to the Pedways without the prior written consent of the City. 8. Subject to section 9 hereof, Brunswick Square shall provide the services listed in Schedule "A" at the cost set out in the said Schedule, which is attached hereto and forms part hereof and the City shall pay Brunswick Square the amount of $56,523.49, inclusive of HST and administration fees, for said services rendered hereunder in 12 equal monthly instalments due and payable the first day of each month beginning January 1, 2018 and ending December 31, 2018. For certainty, Schedule "A" is a detailed breakdown of the services to be provided by Brunswick Square and related cost for each Pedway. 9. Brunswick Square shall invoice the City separately and the City shall pay for electricity supplied to the Pedways based on monthly consumption. 10. The City shall indemnify and save harmless, Brunswick Square and its affiliates from and against all actions, proceedings, claims and demands brought against the City, and from and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any darmale: to property, including property of the City or injury, including injury resulting in death, to persons, including the employees, servants, agents licensees and invitees of the City, caused by, resulting from or attributable to the negligent act or omission of Brunswick Square or any of its employees, servants, or agents in the performance of this Agreement. 1 1. Brunswick Square shall indemnify and save harmless the City from and against all actions, causes of actions, proceedings, claims and demands brought against the City, and from and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any damage to property, including property of the City or injury, including injury resulting in death, to persons, including the employees, servants, agents licensees and invitees of the City, caused by, resulting from or attributable to the negligent act or omission of Fortis or any of its employees, servants, or agents in the performance of this Agreement. 12. Notwithstanding anything to the contrary contained in this Agreement, the City and Brunswick Square shall not be liable to each other in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement. 13. During the term of the Agreement, Brunswick Square shall at its sole cost, obtain and keep in full force commercial general liability insurance for claims for damages from personal injury including death, and for claims from property damage which may arise under this Agreement, which coverage shall have an inclusive limit of not less than Five Million Dollars ($5,000,000.00) for each occurrence, and which insurance shall also include the following (i) the City as an additional insured; and (ii) a cross liability clause. Brunswick Square shall provide a certificate of insurance to the City evidencing such insurance coverage. 14. If either party defaults in the observance or performance of any covenant or obligation in this Agreement and the degree and the default continues for twenty days after written notice of it or in the case of a default not involving the payment of money which cannot with due diligence be cured within a 20 -day period, this Agreement shall, at the option of the party who is not in default terminate. Other than for a default which is not remedied as set out above, this Agreement may be tenninated by either party on 60 days' notice in writing. 15. The provisions of sections 10, 11 and 12 survive tennination of the Agreement. lb. This Agreement may be modified or amended except by an instrument in writing signed by the parties hereto. 17. Both parties hereto shall comply with the requirements of every applicable statute, law, by- law, ordinance, regulation, guideline or order with respect to the condition, maintenance, use or occupation of the Pedways and all systems related thereto, including but not limited to the electrical and sprinkler systems. 18. Any Notice, request or demand provided for in this Agreement shall be in writing: To the City addressed to: Samir Yammine The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 45 And if to SOT Brunswick Square Inc. addressed to: SOT Brunswick Square Inc. 39 King Street Saint John, NB E2L 4W3 and may be delivered in person or sent by prepaid registered mail. Any notice, which is delivered personally, shall be effective when delivered. Notices mailed shall be deemed to be effective on the third day following mailing whether or not it has been received or picked up by the addressee. In the event of a postal strike or interruption, service shall be personal. Either party may give notice in writing of a change of address. 19. This Agreement and everything contained in it is binding upon the parties and shall extend to and bind the respective successors and assigns of the parties. 20. It is hereby understood and agreed between the parties hereto that the terms and conditions set forth herein embrace the whole ten -ns and conditions of the Agreement entered into by the parties and supersede and take the place of any previous agreements or representations of any kind, written or verbal, previously paid by anyone whether an agent or employee of a party or not, in reference to the terms addresses herein or which in any way affect the building or equipment of which the Pedways form part. 21. If any of the terms of this Agreement is declared to be in any way invalid or unenforceable_, the remainder of the Agreement shall remain in full force and effect. THE REMAINDER OF THIS PAGE TO BE BLANK INTENTIALLY f1 22. The Laws of the province of New Brunswick shall govern this Agreement. 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 & DELIVERED) In the presence of: ) SOT BRUNSWICK SQUARE INC. Per: Scott Antonlak Authwh d Signing Officor THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 47 SCHEDULE "A" BUDGET COSTS FOR CITY OF SAINT JOHN SKYWALK TO CITY HALL PEDWAY FOR THE PERIOD JANUARY 1, 2018 TO DECEMBER 31, 2018 SERVICES PER ANNUM MONTHLY Cleaning Jan to Dec 31, 2018 based on 702 sf @ 2.61/psf Jan - Dec 2018 $1,900.08 $158.34 7 days per week "Security Office Lobby Desk - 24 hr service Based on $16.30 per hour Jan 1 to Dec 2018 $38,239,80 $3,186.65 Window Cleaning Exterior two per year @$200 ea $400.00 $33.33 Interior per month @$75 ea $900.00 $75.00 Monitoring.Sprinkler/Fire Protection System $1,300.00 $108.33 Sub Total $42,739.88 $3,561.66 15% Administration Fee $6,410,9 534.25 Sub Total $49,150.86 $4,095.91 HST E7,372.63614.38 TOTAL $56,523,49 $4,710.29 Cost breakdown for Security Services, City Hall Skywalk Pedway to City Hall Security 2nd guard is required till lam due to pedway hours - (without pedway only one guard would be required) as Centre would be locked down at 7 pm Monday to Saturday and locked Sunday) ie additional guards required and reflected in billings to City are: 6 hrs per day x Monday to Saturday 36 hrs/week (hours chgd in 2015.9:30 -6 pm/Mon-Sat) 19 hrs day x Sundays .19 hr5/week 55 hrs/week x 52 weeks = 2860 hrs Assume Sunday shopping December 1 month x 5 hrs /Sunday = 20 hrs 2,860 hrs/yr Christmas Day 20 hrs/yr -19 hrs 2821 hrs/yr Recognizing value of pedway additional hrs to Delta Brunswick, Brunswick Square and City amount to be cost shared at 50% each City share = 1/2 of 2,821 hrs 1 410 hrslyr TOTAL HRS/YEAR City Costs 936 hrs/yr for regular patrols shopping centre - (3 hrs/day @ 6 days/week @ 52 wks) 2,346 hrs yr total to City 2346 hrs x $16.30/12 @ 12months = 38,239.80 COUNCIL REPORT M&C No. 2018-67 Report Date March 06, 2018 Meeting Date March 12, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. City Interest in Acquiring Properties from the Province — civic #859 Sand Cove Road and civic #31 Whitebone Way OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille I.Fogan/K.Fudge I Jeff Trail RECOMMENDATION That Common Council direct staff to advise the Province of New Brunswick that it has no interest in acquiring either property specified in its two letters addressed to the Mayor, City of Saint John, dated January 24, 2018, attached. EXECUTIVE SUMMARY The Province has offered two properties to the City of Saint John that it deems surplus to their needs; civic #859 Sand Cove Road (former Seawood School) and civic #31 Whitebone Way (former Sugar Refinery in McAllister Industrial Park). City staff from a number of departments were solicited for their views/interest in acquiring either of the two above noted properties. No interest was received, except that Develop Saint John indicated there was interest in working with Opportunities New Brunswick (ONB) in seeking a suitable occupant/owner for the property at civic #31 Whitebone Way. Common Council at its February 12, 2018 meeting referred both letters from the Province of New Brunswick — former Seawood School located at 859 Sand Cove Road and 31 Whitebone Way to the City Manager. -2 - REPORT The Province of New Brunswick submitted two letters to the City dated January 24, 2018 seeking the City's interest in acquiring two of its surplus property; civic #859 Sand Cove Road (former Seawood School) or civic #31 Whitebone Way (former Sugar Refinery). Real Estate staff has solicited other departments seeking their level of interest in acquiring either of these two properties. Only Development Saint John indicated they were working with Opportunities New Brunswick (ONB) in trying to find a buyer for the property off Whitebone Way in McAllister Industrial Park. There is no interest from any City Departments in acquiring either of the two properties that the Province deems surplus to its needs. STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A number of City Departments provided their input into determining if the City has an interest or need for either property being offered by the Province of New Brunswick; including Saint John Water, Transportation and Environment Services, Growth and Community Development Services, Parks and Recreation and Development Saint John. All City Departments had indicated they had no interest in acquiring either property, although Development Saint John had indicated they were working with ONB on finding a suitable tenant/owner for the property at civic #31 Whitebone Way. Parks and Recreation indicated that PlaySJ concluded the City has twice the number of ballfields compared to what the City needs for its population. F1 ILIAA 191111�mff110 1. Location Maps for 859 Sand Cove Road and 31 Whitebone Way. 2. Two Letters from the Province of New Brunswick dated January 24, 2018. 50 51 O tD Cf) m O O CL co z O O co cn co Q n O C (D w O Q) Q 52 8 To N� io �3 i ! 'h O CD CA V/ m h C,+J CD 6 O CD `C January 24, 2018 File #: 11-277 Mayor Don Darling City of Saint John 15 Market Square Saint John, NB E21- 4L1 TraRNe�v7� Nouveau C: A N A 0 A 24 janvier 2018 N/Ref.: 11-277 Monsieur Don Darling Maire de la Ville de Saint John 15 Market Square Saint John (N. -B.) E21- 41-1 Re: Former Seawood School located at 859 Objet : Aincienne ecole Seawood situ6 au Sand Cove Road, Saint John, NB 859, chemin Sand Cove, a Saint (PID 00394809) John (N. -B.) (NID 00394809) Your Worship: Please be advised that the subject property has been deemed surplus to Government requirements and we are in the process of obtaining approval to advertise for sale by public tender (please see enclosed information). The property consists of a parcel of land containing approximately 1.94 ha. (4.74 ac.), improved with a former school. An appraisal has determined that the property has an estimated value of $139,000. As this property is located within your municipal boundaries, we would like to determine whether you have any interest in acquiring the property at market value subject to Executive Council approval. If so, please respond within 30 days from the date of this letter advising of the City's interest and the purpose for which the property is required. Monsieur le maire, Le bien susmentionn6 a et6 jugs= excedentaire et les d6marches sont en tours pour obtenir I'autorisation de le mettre en vente par appel d'offres public (veuiliez s'il vous plait consulter ('information ciyointe). Le bien consiste en une parcelle de terre totalisant environ 1.94 ha. (4.74 ac.), amdfiord par une ancienne ecole. La valeur estim6e du bien est de 139,000 $. Puisque le bien en question est situe dans les limites de votre municipalite, nous aimerions savoir si vous souhaitez en faire ('acquisition a la valeur marchande sous r6serve de ['approbation du Comil:6 ex6cutif. Si c'est le cas, veuiliez repondre dans les 30 jours suivant la date de la pr6sente lettre pour manifester l'interdt de la Ville et indiquer dans quel but elle vent acqudrir le bien. If a response is not received within the deadline, we Si nous ne recevons pas de r6ponse dans le d6lai will consider there is no interest. requis, nous pr6sumerons que la municipalit6 n'est pas interessee. Should you require any further information, please fee! Si vous avez besoin d'autres renseignements, free to contact this office at 506-453-2221. n'hesitez pas 6 communiquer avec notre bureau au 506-453-2221. Sincerely, Recevez, Monsieur le maire, mes salutations distingu6es. La Directrice adjointe des se -res immobiliers, Leah Essensa, Assistant Director /ns C.C. Mr. Curtis Langille, Real Estate Dept Tel./T616phone: General Website (506)453-2229 Transportation and Infrastructure ! Transports st Infrastructure Fax/T616copieur. www.gnb.ca P.O. Box / C.P. 6000 Fredericton New Brunswick / !Nouveau -Brunswick E39 51-11 Canada (506) 444-5653 Visit us at aur web site: ww+N.9nb.ca/2221/ Visitez nous site Web: www. n .ca/2221/index-f.asD 53 MAP/CARTE & PHOTO 54 Nle Nouveau C A N A i YyJ l January 24, 2018 fe N janvier 2018 File #: 11-483 N/Ref.: 11-483 E LID) Mayor Don Darling Monsieur Don Darling City of Saint John Maire de la ville de Saint John FEB0 7 201$ 15 Market Square 15 Market Square Saint John, NB E21-41-1 Saint John (N. -B.) E21-41-1 ~ • - -- - _� -� Re: Property located at 31 Whitebone Way, Objet: Bien situd au 31, Whitebone Way, a Saint John, NB (PiD 55161350) Saint John (N. -B.) (NiD 55161350) Your Worship: Monsieur le maire, Please be advised that the subject property has been deemed surplus to Government requirements and we are in the process of obtaining approval to advertise for sale by public tender (Please see enclosed information). The property consists of a parcel of land containing approximately 1.8 ha. (4.45 ac.), improved with a 2 storey building and garage. An appraisal has determined that the property has an estimated value of $195,000. As this property is located within your municipal boundaries, we would like to determine whether you have any interest in acquiring the property at market value subject to Executive Council approval. If so, please respond within 30 days from the date of this letter advising of the City's interest and the purpose for which the property is required. Le Bien susmentionne a ete juge excedentaire at les demarches cont en cours pour obtenir 1'autorisation de le mettre an vente per appel d'offres public (veuillez s'i1 vous plait consulter ('information cHointe). Le bien consiste an une parcelie de terre totalisant environ 1.8 ha. (4.45 ac.), ameliore par un edifice an deux etages at un garage. La valeur estim6e du bien est de 195,000 $. Puisque le bien an question est situe dans fes iimites de votre municipalite, nous aimerions savoir si vous souhaitez an faire I'acquisition a la valeur marchande sous reserve de 1'approbation du Comite executif. Si c'est le cas, veuillez repondre dans fes 30 fours suivant la date de la presente lettre pour manifester l'interet de la ville at indiquer dans quel but elle veut acquerir le bien. if a response is not received within the deadline, we Si nous ne recevons pas de reponse dans le delai will consider there is no interest. requis, nous presumerons qua la municipalite n'est pas interessee. Should you require any further information, please feel Si vous avez besoin d'autres renseignements, free to contact this office at 506-453-2221. n'hesitez pas a communiquer avec notre bureau au 506-453-2221. Sincerely, Recevez, Monsieur le maire, mes salutations distinguees. La Directrice adjointe des services immobiliers, Leah Essensa, Assistant Director /ns cc: Curtis Langille, Real Estate Dept Tel./T6I45phone: General Website Transportation and Infrastructure / Transports et Infrastructure (506) 453-2221 '.O. Box / C.P_ 6000 Fredericton New Brunswick/ Nouveau -Brunswick E3B 5H1 Canada FaxrTdidcopieur. www.gnb.ca (506)444-5653 Visit us at ourweb site: www Qnb.ca/2221/ Vlsitez noire site Web: www. b.ca/222 lAndex-L as 55 MAP/CARTE & PHOTO 56 �s rel eras Ile4 sa 551509= Fly d+ 7N xtid �a s N19 551917n r � J oolry 0 �g =b 00131225 55150$11 yyG1�5A I 00411736 - lr 44010 531{139 4R.l3Fa)3 9Q}p 1, ss22alo7 0047{1!i my - p03 h � a��45i� �aSm ♦ 56 COUNCIL REPORT M&C No. 2018-68 Report Date March 05, 2018 Meeting Date March 12, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Update the City of Saint John Asset Management Policy OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine Kevin Fudge I Jeff Trail RECOMMENDATION It is recommended that Common Council approve the updated Asset Management Policy Statement attached at Appendix A. EXECUTIVE SUMMARY The purpose of this report is for Common Council to approve the new changes to the Asset Management Policy, in order to meet the Federation of Canadian Municipalities funding agreement to integrate climate change into decision- making about infrastructure assets, such as roads, buildings, and water and wastewater systems. PREVIOUS RESOLUTION On March 6, 2017, Common Council (M&C 2017-041) approved the City of Saint John Asset Management Policy Statement. In addition, on December 11, 2017, Common Council (M&C 2017-301) entered into Grant Agreement with the Federation of Canadian Municipalities for the Climate and Asset Management Network (CAMN) REPORT The City of Saint John Asset Management Policy is updated to include the following: 1- Add the following to the asset management principles a. Considering the effects of climate change. 57 -2- 2- Add the following sentence to the last paragraph: including capital and operating budgets. In addition, there are additional changes to the City asset management government structure and strategy, in order to reflect the updated Asset Management Policy Statement. The purposes of these changes are as follow: • As part of the City agreement with the Federation of Canadian Municipalities for Climate and Asset Management Network (CAMN) and to continue receiving funding, the City is required to integrate climate change into the Asset Management Policy; • Increase the City's opportunity to obtain infrastructure funding from various level of governments and the Federation of Canadian Municipalities (FCM); • Improve decision-making and risk management processes by considering the vulnerability of City assets to the effects of climate change; and • Include asset management considerations in the City's capital and operating budget processes to better define and improve the City infrastructure's financial sustainability. The AM Policy Statement is well aligned with the City of Saint John Plan SJ policies and objectives and Council's Priorities 2016-2020. Specifically, the Policy Statement will align with the Council's Priorities for Value Service Delivery: "Develop an integrated asset management plan that aligns with PlanSJ to prioritize investment". In Plan SJ, there is alignment in regards to Policy MS -7: Develop an asset management system that will inventory and manage the replacement of infrastructure in an effort to optimize service delivery over the life of the asset. SERVICE AND FINANCIAL OUTCOMES The cost to update the Asset Management Policy Statement, government structure framework and strategy is $7500+HST, in which 80% of the cost is covered under the City agreement with FCM. -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John is taking a collaborative approach to the asset management. Staff from all departments and service areas including the Senior Leadership Team (SLT) were consulted and engaged throughout the development of the AM Policy/Strategy and the detailed assessment of the current practices of the AM. ATTACHMENTS Appendix A: Update Asset Management Policy Statement 59 I SAINT JOHN ASSET MANAGEMENT CITY OF SAINT JOHN POLICY STATEMENT POLICY SECTION: ASSET AND ENERGY DIVISION OF FINANCE AND ADMINISTRATIVE SERVICES To confirm the City of Saint John's (City's) support for implementing asset management practices to ensure sustainable delivery of services, the City adopts the following statement. The City of Saint John shall adopt and apply recognized asset management practices in support of delivering services to its customers reflecting the vision presented in the City's Municipal Plan, PlanSJ, and related strategic plans. Specific objectives of the Asset Management (AM) policy are to: • Improve the reliability of customer service by maintaining clearly defined levels of service. • Improve the decisions related to the management of the City's assets. • Improve the transparency and accountability of community investments in the management of the City's assets. • Improve the management of the City's exposure to risks of reduced service delivery. • Facilitate the leveraging of partnerships and infrastructure funding from external sources. The City shall maintain a strategy for the implementation of asset management practices across the organization. The strategy will incorporate the following asset management principles: • Incorporating industry recognized asset management protocols. • Defining levels of service. • Applying risk-based decision-making processes. • Utilizing lifecycle costing principles. • Incorporating continuous improvement practices. • Considering the effects of climate change. Asset management will be considered and integrated in the development of all other organizational plans, including capital and operating budgets. WEST WATER NEWS Saint Jahn Water South Bay Wellfield This information is for customers on the West Saint John Public Water System THANKS TO THE SAFE, CLEAN DRINKING WATER PROJECT, PUBLIC HEALTH IS PROTECTED! Saint John Water places customer care at the centre of its operations with the priority and responsibility to provide safe, high-quality drinking water to customers. Water distributed to your home is treated for safe consumption so that it meets the high level of quality legislated by the Province of New Brunswick. While we can celebrate that the health of our customers is protected from waterborne disease and that there have been numerous other improvements to the water quality, we also know that not all water is created equal. Like many groundwater sources across Canada, water from the South Bay Wellfield is high in mineral content, which makes the water much harder. THE NEW GROUNDWATER HAS LOTS OF MINERALS AND WE HAVE TIPS AND SOLUTIONS TO HELP The change from the soft surface water to hard groundwater has been an adjustment for some customers and we want to help. What is Hard Water? Hard Water is water with a high mineral content, mainly calcium and magnesium. Water hardness is detected through testing, and a few telltale signs: it can leave soap residue on sinks and bath tubs, mineral deposits on hard surfaces, and can form scale build-up in appliances. With proper and regular maintenance, the efficiency of appliances can be maintained. Why is West Side Water Hard? Water delivered to customers on the City's west side comes from aquifers deep below the ground. Three large wells collect the water from the South Bay Wei lfield before it is pumped to the South Bay Treatment Facility and distributed. As the water travels within the ground, it is naturally filtered through rock and calcium -bearing minerals. L k__11110 Will hardness levels fluctuate? Yes, it is normal for hardness levels to vary as the water picks up minerals as it moves through the ground. The City operates three wells with two pumps running at any one time. There is variability in hardness between each of the wells. Is hardness a health concern? According to Health Canada, hardness is not a public health concern there is no limit on hardness in the Guidelines for Canadian Drinking Water Quality. Will the City be treating for hard water? Health Canada advises that hardness in the range of the west water supply does not require treatment. The range of hardness is approximately two times below the level that Health Canada advises treatment for domestic purposes. Is there an in-home treatment option? Acceptance of water hardness varies among consumers and treatment of hard water is a matter of personal preference. Some households may choose to install a water softener. Most water softeners work by pumping water through a tank that causes calcium and magnesium to be replaced with sodium. Things to consider: ■ The Guidelines for Canadian Drinking Water Quality recommend you keep a separate, non -softened water supply for drinking and cooking. • Ensure that the water softener is NSF certified to meet national health and safety standards. • Always maintain the system according to the manufacturer's instructions. • For a permit to install a water softener, contact 658-2911. HELPFUL TIPS FOR DEALING WITH HARD WATER DEPOSITS Vinegar is suggested often because the calcium in hard water is highly reactive with such acids. ■ Fill the kettle a quarter full with vinegar, boil and rinse. • Clean glass and plumbing fixtures with vinegar and a soft cloth. ■ Leave a squeegee in the shower to clean walls and shower door after use. • Place small fixtures in a bowl of hot vinegar for an hour. • Use a cup of vinegar in place of regular Iaundryldish detergent and run an empty load. • Liquid detergent pods can eliminate white residue on dishes, or you can run the dishwasher full with a small cup of vinegar sitting upright on the top rack. • Liquid laundry detergents often contain a softener for clothes. ■ For irons, run vinegar through them periodically for maintenance or use distilled water for the steam. • Always consult manufacturer's recommendations for appliances and hot water heaters. Many of these tips were shared by customers who have found them useful. If you have a tip to share, let us know by calling or emailing and we'll post it on: saintjohn.calwestsidewater. 61 WE HAVE HEARD FROM CUSTOMERS WITH CONCERNS ABOUT COPPER PIPE LEAKS AND HAVE TAKEN ACTION Why are some copper pipes leaking? Studies show that hard water does not cause copper pipes to leak. There is, however, a working theory by industry experts that the copper pipes have corroded over many years. In some instances to a point where the corroded pipes relied upon a scale build-up to prevent leaks. The change in water chemistry when the transition to groundwater took place could have disrupted the scale build-up from already corroded pipes. What is Saint John Water doing about this? Saint John Water has engaged a number of industry experts and is undertaking a study with CBCL Limited and Dalhousie University to analyze copper pipe samples from west Saint John homes that have experienced a leak. The study is being conducted at the Centre for Water Resources Studies at Dalhousie University. Initial findings are expected within the next two months with complete results available in approximately four to five months. In the meantime, Saint John Water has received approval from Common Council, the Departments of Health and Environment and Local Government to treat the drinking water with orthophosphate. Has the water pressure increased? Saint John Water has not increased water pressure in the system. If you notice an increase in water pressure and you own a pressure reducing valve, it is important to regularly maintain it to ensure that it is functioning as it should. The valves are typically located after the main water shut-off, or near where the water service enters your property. TREATMENT WITH ORTHOPHOSPHATE What is orthophosphate? Orthophosphate is commonly used in water treatment for corrosion and scale stabilization control. Its use is well established and applied to surface drinking water sources in neighbouring municipalities, others across North America and soon to be part of the new east water treatment system. The orthophosphate is a food grade product which contains phosphates that are part of our everyday diet. What is the reason for treating the west side water with orthophosphate? Orthophosphate will be used to stabilize the existing scale formation on private copper plumbing systems, which could mitigate leaks. Saint John Water plans to have a temporary orthophosphate system designed, installed and operational at the South Bay Wellfield Treatment Facility by approximately the end of March 2018. Will it have an impact on my water softener? No, treatment in the water with orthophosphate wilt not have an impact on your water softener. For questions, contact Saint John Water at 558-4455 1 waterandsewerage0saintjohn.ca The best time to call is 8:30 a.m. to 4:30 p.m., Monday to Friday. Further information & updates can be found at: www.sai ntlo hn.calwestsid ewate r For questions about your water heater, contact Saint John Energy NOUVELLES CONCERNANT LTAU DU QUARTIER WEST SIDE Saint John Water — Champ de captage a South Bay CCs renselgnenlents sant destinEs aux clients du reseau d'aquedue public du quartier West Side de Saint John GRACE AU PROJET EAU POTABLE SAINE ET PROPRE, LA SANTE PUBLIQUE EST PROTEGEE! Saint John Water place le service a la clientele au ceeur de ses activites et se fixe comme prioritd et responsabiiite de fournir de 1'eau potable de haute qualite aux clients. Ueau acheminee a votre domicile est traitee de maniere a etre consommde de farron securitaire, de sorte qu'elle satisfasse au haat niveau de qualite prescrit par la province du Nouveau - Brunswick. Bien que nous puissions nous feliciter du fait que €a sante de nos clients est protdgde contre les maladies d'origine hydrique et qu'il y a eu de nombreuses autres ameliorations apportees a la qualite de 1'eau, nous savons aussi que I'eau n'est pas la meme partout. Comme c'est le cas pour de nombreuses sources d'eau souterraine au Canada, I'eau du champ de captage a South Bay est riche en mineraux, ce qui accroit grandement la durete de 1'eau. LA NOUVELLE NAPPE SOUTERRAINE EST RICHE EN MINERAUX ET NOUS OFFRONS DES CONSEILS ET DES SOLUTIONS POUR VOUS AIDER La conversion, de I'eau de surface douce a I'eau souterraine dure, a entrain6 une adaptation pour certains clients et nous vculons les aider. Qu'est-ce que Peau dure? Une eau dure est une eau a forte teneur en mineraux, le calcium et le magnesium, principalement. La durete de I'eau est detectee grace a des tests et quelques signes r6velateurs : elle laisse un r6sidu de savon dans les eviers ou les baignoires, des depots mineraux sur les surfaces dures et elle peut former une accumulation de calcaire dans les appareils. Grace a un entretien approprie et r6gulier, 1'efficacit6 des appareils peut etre maintenue. Pourquoi Peau du quartier West Side est -elle calcaire? Ueau qui est approvisionn6e aux clients du quartier West Side provient de reservoirs souterrains enfouis profonddment sous la surface du sol. Trois grands puits recueillent 1'eau au champ de captage a South Bay avant qu'elle ne soit pompee vers I'usine de traitement a South Bay et distribude au client. Lorsque I'eau remonte par le sol, elle est n at u re I I em ent fiItr6e a travers la roche et les min6raux cal ciques. Est-ce que les indices de durete fluctueront? Dui, it est normal que les indices de durete varient lorsque 1'eau capte les mineraux en remontant par le sol. La Ville exploite trois puits et deux pompes fonctionnent simultanement. La durete est variable entre ces puits. La durete presente-t-elle un risque pour la sante? Selon Sant6 Canada, la durete no pose aucun risque pour la sante publique. Les Recommandations pour la qualite de Peau potable au Canada no fixent aucune limite quant a ]a durete de 1'eau. La Ville traitera-t-elle I'eau duce? Sante Canada informe que la durete de Peau du quartier West Side de Saint John ne ndcessite pas de traitement. La durete se situe dans un interval le environ deux fois inferieur au niveau recommande par Sante Canada pour le traitement a des fins domestiques. Y a-t-il une possibilite de traitement a la maison? L'acceptation de €a durete de 1'eau varie d'un client a 1'autre et le traitement des eaux dures est une question de preference person nelle. Certains menages peuvent choisir d'installer un adoucisseur d'eau. La plupart des adoucisseurs d'eau fonctionnent en pompant 1'eau au moyen d'un reservoir qui entraine le remplacement du calcium et du magnesium par du sodium. elements a prendre en compte ■ Les Recommandations pour la qualite de Peau potable au Canada vous recommandent d'avoir un approvisionnement en eau non adoucie distinct pour boire et cuisiner. • S'assurer que ]'adoucis seur d'eau est certifie NSF pour satisfaire aux normes nationales en matiere de sante et de s6curit6. ■ Toujours entretenir le systeme selon les instructions du fabricant. ■ Pour obtenir un permis d'installation d'adoucisseur d'eau, composez le 658-2911. CONSEILS UTILES POUR COMPOSER AVEC LES DEP6TS CALCAIRES Le vinaigre est souvent suggere, car le calcium contenu dans I'eau Jure est tres reactif a de tels acides. • Remplir les bouilloires de vinaigre j usqu'au quart, faire bouillir etrincer. • Nettoyer les vitres et la robinetterie en utilisant du vinaigre et un chiffon doux. • Laisser une raclette dans la douche pour nettoyer les parols et la pone de la douche apres utilisation. • Mettre les petits accessoires dans un bol de vinaigre chaud pendant une heure. • Utiliser une tasse de vinaigre a la place du detergent a lessive ou du savon a vaisselle ordinaire et lancer une machine vide. • Les capsules de detergent liquide peuvent eliminer les residus blancs sur la vaisselle, ou vous pouvez faire fonctionner le lave-vaisselle, une fois rempli, on mettant une petite tasse de vinaigre dans le panier superieur. • Les detergents a lessive liquides contiennent souvent un adoucissant pour les vetements. • Pour les fers a repasser, les remplir periodiquement de vinaigre a des fins d'entretien ou d'eau distillee pour la vapeur, puis les eider. • Toujours consulter les recommandations du fabricant pour les appareils et les chauffe-eau. Bon nombre de ces conseils ort ete donnes par des clients qui fes ont trouves utiles. Si vous avez des conseils a offrir, faites-le-nous savoir par tdldphone ou par courriel et nous publierons ces conseils sur notre site Web a I'adresse www. sai ntjo hn. calwestsid ewater. NOUS AVONS ENTENDU QUE DES CLIENTS ETAIENT PREOCCUPES PAR DES FUITES DES TUYAUx EN CUIVRE ET NOUS AVONS PRIS DES MESURES Studies show that Pourquoi est-ce que certains tuyaux en cuivre fuient? Des etudes montrent que 1'eau Jure n'est pas a I'origine des fuites des tuyaux en cuivre. Cependant, des experts de l'industrie ont une theorie selon laquelle les tuyaux en cuivre ant et6 endommag6s par [a corrosion pendant de nombreuses annees. Dans certains cas, ['accumulation de tartre dans les tuyaux corrodes trait tel le qu'e€le permettait d'eviter les fuites. La modification de la composition chimique de 1'eau au moment de la transition vers les eaux souterraines aurait pu perturber I'accumulation de tar" dans les tuyaux corrod6s. Q.uelles mesures prend Saint John Water pour rem6dier a tette situation? Saint John Water a retenu les services d'un certain nombre d'experts de l'industrie et entreprend une etude avec CBCL Limited et I'Universite Dalhousie pour analyser des echantillons de tuyaux de cuivre provenant de foyers du quartier West Side de Saint John qui ont subi des fuites. 126tude est menee au Centre for Water Resources Studies de I'Universite Dalhousie. Les premiers resultats sont pr6vus au tours des deux prochains moins. L'ensemble des resultats devrait etre connu dans environ quatre a cinq mois. Entre -temps, Saint John Water a requ I'approbation du conseil communal et des ministeres de [a Sante et de I'Environnement et des Gouvernements locaux pour traiter I'eau potable avec de ('orthophosphate. La pression de 1'eau a -t -elle augment6? Saint John Water n'a pas augmente la pression de I'eau dans le reseau. Si vous remarquez une augmentation de la pression de I'eau et que vous possedez une valve de d6tente de pression, it est important de 1'entretenir r6gulierement pour vous assurer qu'elle fonctionne comme it faut. Cette valve est gen6ralement situee apres le robinet d'arret principal, ou pres de I'endroit de votre propriete ov se trouve le branchement d'eau. TRAITEMENT A L'AIDE D'ORTHOPHOSPHATE Quest-ce que ('orthophosphate? Uorthophosphate est frequemment utilis6 en traitement des eaux pour att6nuer 1'entartrage et la corrosion. Son utilisation est Bien r6pandue. II est aussi utilise dans les sources d'eau potable de surface dans les municipalites avoisinantes, dans d'autres municipalites d'Amerique du Nord et prochainement dans [a nouvelle installation depuration d'eau du quartier West Side. Uorthophosphate est un produit de qualite alimentaire qui contient des phosphates qui font pantie de notre alimentation quotidienne. Quelle est la raison du traitement de 1'eau du quartier West Side a I'aide d'orthophosphate? Uorthophosphate servira a stabiliser la formation existante de tartre dans les installations priv6es de plomberie en cuivre, ce qui pourrait att6nuer les fuites. Saint John Water pr6voit concevoir, installer et mettre en service un systeme temporaire de distribution d'orthophosphate a I'usine de traitement du champ de captage a South Bay d'ici la fin du mois de mars 2018. Y aura-t-il une incidence sur mon adoucisseur d'eau? Non, le traitement a ['aide d'orth oph osp hate n'aura aucune incidence sur votre adoucisseur d'eau. 5i vous avez des questions, veuillez communiquer avec Saint John Water 658-4455 J waterandsewerage0saintjohn.ca Le meilleur moment pour apFeler est entre 8 h 30 et 16 h 30, du fundi au vendredi. De plus amples re n seig nements et des raises a jour sont disponibles a I'adresse www.sairrtjohn.ca/westsidewater Pour toute question concernant votre chaufPe-eau, communiquez avec Saint John Energy. 62 COMMON COUNCIL REPORT M&C No. 2018-71 Report Date March 07, 2018 Meeting Date March 12, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: MC2018-071 Beautification Policy Update.docx OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jeff Cyr Amy Poffenroth/Phil Ouellette Jeff Trail RECOMMENDATION That Common Council adopt the amended Beautification Grant Program Policy. EXECUTIVE SUMMARY The Beautification Program under the Urban Development Incentive Pilot Project has shown positive results in the first two years of operation, leveraging roughly $385,000 in private sector reinvestment in building facades and landscaping. The purpose of this report is to bring forward minor housekeeping amendments to the Beautification Grant Program Policy to improve operational processes. PREVIOUS RESOLUTION At its December 12, 2016 meeting, Common Council adopted the following resolution: 1. That Common Council receive and file the Urban Development Incentives year-end report; 2. That Common Council adopt the amended Urban Development Incentives Program Policy and the amended Urban Beautification Grant Policy; 3. That Common Council direct Finance and Administrative Services to establish an operating reserve fund to finance the Urban Development Incentives Program and that it operate according to the following provisions: a) The equivalent of the net increase in municipal tax revenue from each development project receiving funding through this program will be 63 -2 - directed to the operating reserve fund each year to pay for the residential density grant. The net increase in municipal tax revenue will be calculated by subtracting the municipal property tax of a building following completion of the project and re -assessment of the property, by the municipal property tax of the property at the time of application submission; b) Where an approved project generates a net increase in municipal property tax revenue prior to the completion of the project, the revenue shall be directed to the operating reserve fund; c) Where a surplus is generated by the residential density grant, the surplus shall be returned to the City of Saint John's general operating fund. A surplus will be calculated as the sum of the net increase in municipal property tax revenue generated by all projects currently under an active grant agreement, subtracted by the total value of residential density grants owing for that year; d) Where an approved project will not be completed within the calendar year of application, money owing from the City of Saint John's general operating budget for the Residential Construction Challenges and Building Permit Grants shall be directed to the reserve fund and held until payment of the grants or the termination of the grant agreement. If a grant agreement is terminated, the grant funding previously committed shall be returned to the City of Saint John's general operating fund; and e) Where the estimated costs for the Construction Challenges Grant are less than specified by an approved grant agreement, any residual grant funding not issued for the project will be returned to the City of Saint John's general operating fund. STRATEGIC ALIGNMENT As a priority related to Growth and Prosperity, Council identified driving development in accordance with PlanSJ as a key outcome. The return on investment of the Urban Development Incentives Program is an indicator of success in achieving this priority. REPORT Beautification Grant Program Policy Update A small number of minor updates are recommended to improve the Beautification Grant Program Policy which includes new operational provisions to provide enhanced clarity and improved procedures for requests for reimbursement; and revised design criteria to improve project outcomes and align with the directions of the neighbourhood plan. In addition to the proposed -3 - policy changes, a number of additional program updates are currently being evaluated, including enhanced coordination with the Heritage Grants Program. A recommendation on additional items will be provided to Common Council in 2018. A copy of the updated Beautification Policy is attached to this report, and the areas highlighted in yellow within the document indicate the location of new or amended content. SERVICE AND FINANCIAL OUTCOMES The Beautification Program has been a popular program over the past two year, yielding more than two dozen applications throughout the Central Peninsula. The Program has increased the curb appeal of these properties, and it is anticipated that it will have strong uptake and continued success in 2018. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A Beautification Program Policy 65 Urban Beautification Policy p FORS RC,(y� NqT� �N a�yOAUM Urban Beautification Policy Policy Category: Policy Policy No.: 16-77.2 Implementation Procedure No.: Approved or Last Reviewed Date: December 2017 Next Review Date: December 2018 Area(s) this policy applies to: Financial incentives Owner Service: supporting development in the Central Peninsula Growth and Community Development Related Policy(ies): Urban Development Incentives Policy Revision History December 2017 Date Created: Senior Leadership Council Approval Date: Contact: March 15, 2016 Review Date: Commissioner of Growth and Community Development Urban Beautification Policy Urban Beautification Program Overview The purpose of the Urban Beautification Program is to provide incentive for people living in the Central Peninsula to invest in the beautification of the fapades of their homes, or the landscaping of their front yards. The Beautification Program is designed to be a three-year program, subject to budget approval by Common Council, that will result in creating an enhanced public realm in the Uptown area. Increased reinvestment in the facades and front yards of private properties will contribute to beautification of the entire Central Peninsula, creating a more desirable place to live. Eligibility Criteria: i. The project is located within the boundaries outlined in Schedule 1; ii. The property taxes for the subject property are current; iii. A completed application in the form generally as attached in Schedule 3 to this policy; iv. Individual apartment -style condominium units will not be eligible for a grant; V. All work proposed as part of a Beautification Program application must be conducted on the first four storeys of the dwelling; vii. Where required, all work must have an approved building permit in order to receive funding. Eligible Work: The following work conducted to the front or flankage facades or yards of a dwelling will be eligible for a grant: i. Exterior painting, including any entranceways, siding, trim, moldings, porches, decks or other features of the exterior of the main building; ii. Siding repair, or the replacement of any siding with new siding material; iii. The repointing of existing brick on the exterior of the main building; iv. The repair and/or replacement of any architectural elements of the building that are original to the design of the building, or are similar to the architectural style of the building; V. The replacement or installing of any exterior windows or doors vi. The replacement, renovation or installation of exterior front steps, handrails or walkways; vii. The installation of any landscaping details including, but not limited to, sod, shrubs, trees and plant beds; and viii. Any additional work not identified below as ineligible work, which incorporates decorative elements and contributes to the beautification of the property. Ineligible Work: The following work conducted to the subject property will not be eligible for a grant: The renovation of any interior spaces; Work that has been started prior to the submission of an application; Page 1 1 67 Urban Beautification Policy iii. The replacement or repair of the roof; iv. Any work done to a driveway or any other parking area; V. Any work done to an existing or proposed detached garage; vi. Any exterior Improvements done to backyards or side yards, or areas not visible from the street front; vii. Any work involving the installation of vinyl siding, or any siding that will result in the covering of brick; viii. Projects receiving any funding through the Urban Development Incentives Program are not eligible. Program Guidelines i. Structure: a. An approved grant will provide 35% of the cost of the eligible work completed to a maximum of $4,000; i. Where a grant application is for both a front and flankage building fagade, an approved grant will provide 35% of the cost of eligible work completed to a maximum of $6,000. b. Beautification Grants will be awarded to the applicants with the highest scores, as determined by the Application Evaluation Committee, until the funds have been exhausted; i. Where a grant application is deducted points by the Application Evaluation Committee, the overall value of the grant shall be reduced from 35% of the cost of eligible work according to the following formula: / Reduced Grant = Cost of Eligible Work * 35% * I 1 — Total Points Deducted) \ Total Points Awarded ii. Any work undertaken on the exterior of the building or property within the same year will be included as part of the application for the purposes of determining the project score. c. Any application that receives a score of zero or lower will not be eligible for a Beautification Grant. ii. Distribution of Funds: a. The distribution of funds for an approved project will occur after a final site inspection has been conducted and it has been determined by staff that the approved work has been completed; b. No project will receive more than the 35% of the submitted proposal; c. The applicant must submit a completed grant summary form as generally attached in schedule 4 with all accompanying receipts necessary to provide proof of eligible expenses. d. Where an applicant performs the required work for a Beautification Grant themselves, only the material costs will be eligible for reimbursement. e. Where work is performed by a company owned by the applicant, the City of Saint John may request formal documentation outlining both detailed material and labour costs for the project. Page 1 2 Urban Beautification Policy iii. Schedule: a. The effective date of the program is March 22, 2016; b. Each application will be assessed by each member of the Application Evaluation Committee, using the Urban Beautification Grant Evaluation System (see Schedule 2); c. The Application Evaluation Committee will meet three times during a year, if required, to review and approve applications; d. The Application Evaluation Committee shall determine meeting dates, application deadlines, and any other necessary deadlines for the Program, subject to the approval of the Commissioner of Community Growth and Planning; e. Conditionally approved grants shall be incomplete and the applicant will not be eligible for any funding if work has not within one month of the approval date; f. All work approved by the Committee for a Beautification Grant must be completed by December 10; i. If the proposed work approved by the Committee for a Beautification Grant is not completed by December 10, the project will be deemed incomplete and the applicant will not be eligible to receive any funding. iv. Application Evaluation Committee: a. The role of the Application Evaluation Committee is to provide a technical evaluation of applications in the context of the evaluation matrix as attached in schedule 2. b. The Application Evaluation Committee will consist of five technical staff members from one or more of the following City of Saint John Departments: Growth and Community Development, Finance and Administrative Service, and Communications; c. The members of the Application Evaluation Committee will be determined by the Commissioner of Growth and Community Development; d. The members of the Application Evaluation Committee may step down from their role on the Committee, or be replaced, subject to the approval of the Commissioner of Growth and Community Development. Page 13 Schedule 1 Urban Beautification Program Boundaries U U PAS TLE S z — O y :/►111 rr+` ►►/nt� ► II ►►1 ►��='��,11t;� ;1111►��= 1111 rn �� ►�tw� �tH1�11v MPl7"'•"-.�..nn►■' • iir ►� • •-►uln1�� rn�►r►r► N. VA rr* ►�„r �iis.�is+• rrti►rrr � 11►1/rh: ►►rr111 LOWER COVE LP i1►I�►r'r►►n/:w .►►rnuu. {�►rr►* ►amu►► rrlr ��t rr►r ,yrrrr►r11r i1 -• u►�►y �►r►r►rli ... • � rur►r ►►r. ►►�r► ►r 70 Page 14 Schedule 2 Urban Beautification Grant Scoring System High I Low I None I Negative 6 Points Repairs or replaces 25% or more of the facade. Appropriate materials include: Fiber Cement; Masonry Work; Wood Siding; Shingle Siding 4 Points Painting greater than 25% of a street fronting fagade, with accentuation of architectural details. 3 Points Restoring entryway using high quality materials. Restoration must maintain or improve fenestration pattern and include two of the following: restores original entryway; installs contextually appropriate door; installs contextually appropriate steps (including painted handrails). 2 Points Minor repair on 25% or less of the fagade. Paintinl 2 Points Painting of greater than 25% of a street fronting facade. Entryway 1 Point Installs only one of the previous items while maintaining or improving general fenestration pattern. 0 Points -14 Points Not within Proposes to use vinyl siding; scope of proposes to cover exposed brick; project. undertakes work which creates an Removal or original detailing irregular pattern of cladding which is compatible architectural detail inconsistent with that of intact, without replacement using high traditional buildings along the same such as window trim, lintels, street. 0 Points Not within scope of project. 0 Points Not within scope of project. -5 Points Painting and thereby maintaining an irregular pattern of cladding. -3 Points Installs white and/or panel steel door with no windows. Architectural Details 3 Points 1 Point 0 Points -3 Points Restores original Installation or improvements to Not within Removal or original detailing architectural detailing to compatible architectural detail scope of without replacement using high facade. such as window trim, lintels, project. quality materials. cornices, brackets and other similar features. 3 Points Maintains or restores fenestration pattern using high quality materials such as wood or metal clad windows. Windows 1 Point Use of contextually appropriate vinyl while maintaining fenestration, proportion, and style. Land 0 Points -10 Points Not within White vinyl windows and/or storm scope of windows which do not maintain project. fenestration, proportion, and style; The removal of windows and disruption of traditional fenestration aatterns. 1 Point Not applicable. 0 Points -2 Points Shrubs; trees; perennial Not within Removal of landscaping. gardens; new grass; box scope of planters. project. Total score is out of 20. 71 Schedule 3 Beautification Grant Application Form 72 (aussi disponible en franVais) Applicant Information Name of Applicant Mailing Address of Applicant (with Postal Code) Personal Telephone Number. Fax Number Name of Property Owner (if different from applicant) Mailing Address (with Postal Code) Property Information Location Civic # Street Work Telephone Number E-mail PID NOTE: PROPERITIES LOCATED WITHIN HERITAGE CONSERVATION AREAS ARE INELIGIBLE. If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner Date Date Description of the Urban Beautification Incentive Application Clearly describe work you intend to do in each of the applicable categories below: SIDING, PAINTING, ENTRYWAY, ARCHITECTURAL DETAILING, WINDOW REPLACEMENT, LANDSCAPING Estimated Cost of Construction Construction Cost Estimate $ Information Accompanying Application: ❑ Letter of Intent ❑ Cost Estimate ❑ Site Plan ❑ Building Elevations/Renderings ❑ Other P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 Tim City dS,, nm John 73 �r o SAINT JOHN Project Schedule: Estimated Project Start Date: Estimated Project Completion Date: For Office Use Only Reviewed By: Date: Project Number: Eligibility Confirmed: Yes ❑ No ❑ City Hall Building 10th Floor - 15 Market Square Saint John, NB E2L 1 E8 On eSto n (&.sa i n ti o h n. ca (506) 658-2911 P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 Tim City dS,, nm John 74 �r o SAINT JOHN Schedule 3 Beautification Grant Application Form 75 Joh\ C�y AV r. VES X D'ENCOU�� BEAUTIFICATION GRANT PROGRAM GRANT SUMMARY FORM City of Saint John Growth & Community Development Services 15 Market Square, 10th Floor (506) 658-2911 In -Office Use Only Grant Application #: Date Submitted: Total Eligible Grant Amount: APPLICANT: MAILING ADDRESS: PROPERTY: DATE CONDITIONALLY APPROVED: GRANT APPLICATION #: CONDITIONAL APPROVAL AMOUNT (as stated in approval letter): SUMMARY OF COSTS In the table provided, please complete a summary of the paid invoices/receipts incurred that correspond to the work outlined on your Beautification Grant application. A legible photocopy of each invoice/receipt included in the itemized summary below should be attached to this form. When summarizing the information required, please be sure to: - Itemize all receipts - Provide a project description including nature of the work (e.g. labour, materials, rentals). - Indicate what is the project component (siding, painting, entryway, architectural detailing, window replacement, or landscaping) - Input the amount on the receipt (includes HST). 76 Summary of Project Costs Amount Receipt Project Description Project Component (Includes [Staff Use] Item # HST) L E-0. t_abm r to pa�wt -fo.00 77 TOTAL: $ BEAUTIFICATION GRANT PROGRAM GRANT SUMMARY FORM Applicant Signature Page 3 I hereby submit this grant summary form for consideration under the Beautification Grant Program for the Growth and Community Development Services Department of the City of Saint John. By signing below I certify that all information included on this Grant Summary form and that the statement below is truthful a nd accurate: ❑ The proposed work has been completed in accordance with the terms and conditions indicated on the application form. Applicant's Printed Name Applicant's Signature Property Owner Signature (if different from the applicant) Property Owner's Printed Name General Collection Statement Property Owner's Signature ---/ ___j_ DD/M M/YYY ---/ ___j_ DD/M M/YYY This information is being collected in order for the City of Saint John to deliver an existing program /service; the collection is limited to that which is necessary to deliver the program /service. Unless required to do so by law, the City of Saint John will not share yourpersonal information with any thirdparty without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection of personal information, please contact the Access & Privacy Officer: City Hall Building 8th Floor - 15 Market Square Saint John, NB E2L JE8 commonclerkna saintiohn. ca (506) 658-2862 W. The City of Saint john PROCLAMATION WHEREAS: The goal of National Nutrition Month is to encourage all Canadians to eat well; and WHEREAS: Registered Dietitians are a trusted source of credible nutrition information and are launching a campaign focusing on helping consumers make healthier food choices; and WHEREAS: Canadians are interested in healthy eating and want information to help them achieve this goal - dietitians offer nutrition resources as well as interactive tools on the Dietitians of Canada web site - www. dietitians. ca. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim the month of March 2018 as Nutrition Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 79 HARDING STREET WEST Geoff Keating INTRODUCTION Geoff Keating Property Owner 572 Harding Street West Lived at this address since 1998 Upon purchasing the property I sent a letter to City Hall concerning the truck traffic on Harding Street West. This is the response I received from Jim Baird, Manager WK Community Jim Baird MCIP P.O. Box 1971 506 658-2835 Planning Manager Saint John 506 658-2837 (Fax) New Brunswick Canada E21.41.1 Febmary 5, 1998 Mr. Geoffry Keating 372 Harding Street Saint John, N.B. E2M 3M2 �a City of Saint John Dear Mr. Keating: Re: Harding Street Thank you for your letter of January 27, 1998 concerning truck traffic on Harding Street. The issues you raise have been a concern for a number of years. As you may be aware, the City is undertaking a comprehensive traffic study. This study, to be completed later this year, will address this issue specifically as it has already been identified as a problem area. If you wish, I can keep you informed on the progress of this study. Please call me at 658-2835. Yours tr5ly, VIA -1 R. Baird, MCIP Manager JRB:111 Over the years the City of Saint John has performed the following traffic studies. 1999 Full Traffic Study 2002 follow-up study 2014 June 11t" 24 hour traffic Count (267 truck / 3030 cars) Move SJ Information received from Tim O'Reilly, City of Saint john As a resident of Harding Street we deal with many inconveniences associated with the traffic patterns. 1) Air Pollution On a daily basis the exhaust from vehicle, and more importantly truck (diesel fumes) is a constant. Opening windows is not an option. El 2) Noise Day in and day out the residents of Harding Street experience constant vehicle engine noise. Cars, trucks and transport. lw r` a r -i4 ¢,..F��- 4• '; };��-tea �(' 3) Safety Cars, trucks, buses and transport trucks use Harding St. West as a main through -way. • Pedestrians need to be extra cautious. • Parking on the street is limited to the right side but parking laws are not enforced with proper signage. • The intensity of the traffic seems unsafe. amp.......... - I 5 —tow- � .. ,�,,. '� �-- �• . _ � -" _ -, � �� _.. ,.ate-.. - � • �:w! -^r _ �.� • - � � ' -.r , } _`iii''' 4' '}� � �� ...• f-� _ _ 1 tiF ys - ti.,.l. �.. �" All of these issues affect quality -of -life. And more recently we have the added intensity of 24 hour chip truck traffic. 93 11 i d r -.� PIW__ r r" P. At Ar %a DIY "Napo= +- PETITION Every resident on Harding Street West (exception of 2) signed a petition acknowledging the impact of air pollution on our street. (Submitted to the Clerk) 95 WHAT IS MY ASK? 1) Put the re -direction of traffic from Harding Street West as a top priority. 2) Install proper parking signs to allow for the enforcement of existing laws. 3) Paint a crosswalk at the entrance of Harding Street with crossing light. 4) Correct the classification of Harding Street so that plowing and maintenance is a priority. Comparable Costs LNG road rerouted traffic from Red Head residence. Estimated Cost $6.4 million Commerce Drive: Rerouted traffic from Mark Drive. Estimated cost $800K 97 Benefits of Simms Corner Project 1) Open up business activity and opportunity on Fairville Blvd. 2) Approximately $12 million of economic activity. (City portion 1/3 assuming Federal and Provincial partnerships). IN CLOSING POLUTION: Residents of Harding Street West deserve to be treated like every other taxpayer. We've born the inconvenience of unreasonable 24 hour traffic for decades. NOISE: The city of Saint John has a Noise Bylaw that applies to all residential streets, and we deserve to have a similar quality -of -life as every other taxpayer. SAFETY: Harding Street West is a residential street with families and seniors. The volume of traffic, the speed of traffic and the poor signage inflicts safety concerns for our residents. 0 CLEAN AIR IS A RIGHT NOT A PRIVILEGE We,.the undersigned, are residents of Harding Street and hour HEAVY DIESEL TRUCK verylth conditions duto about poor air quality and negative long term h24 excessive and unreasonable traffic, specifically AIR POLLUTION. NAME ADDRESS SI�G,N�ATURE A. r s Q/ t'5� ' , --= yAle, n 100 CLEAN AIR IS A RIGHT NOT A PRIVILEGE We, the undersigned, are residents of Harding Street and very concerned about poor air quality and negative long term health conditions due to excessive and unreasonable traffic, specifically 24 hour HEAVY DIESEL TRUCK AIR POLLUTION. NAME ADDRESS 101 J 101 0 CLEAN AIR IS A RIGHT NOT A PRIVILEGE We, the undersigned, are residents of Harding Street and very concerned about poor air quality and negative long term health conditions due to excessive and unreasonable traffic, specifically 24 hour HEAVY DIESEL TRUCK AIR POLLUTION. NAME ADDRESS SIGNATURE 102 W 34 Mount pleasant Avenue East 8 241 Bayside Drive rezoning & Section 39 Amendment The City of Saint John Community Planning & Development Growth & Community Development Services Coli site location * 9 =+ MT. PLEASANT AVFWe LAU ^+ � k 1 --- F. F jw f J b +f IF I I r I., r � 4 I la trlr ew ef M. —Mo }101 ibFr. land 'K ml'A', r.xAm of vn DGUY- o- vw.,d by FuIC{3am:-: AaL,mbly, PAI Gia Wdni ba z!a adpa mi EkmmrEnaW Inr pnpady. h W I"ba dwxgapad on a mpandu {mraS 40 •, „ •' MT. PLEASMT AVENUE EAST r.�.n.� .ten. ..ln�'!W - - - mow, r.t __ _ r. �N .. J. �.,1h.41j v, f 77/ ,f�1 1 'r _�_�� it S "=1• � r _ o i+ i' f 3mosac f -� F 19 . .......... . . Nal E,. PaFmH W, Pallor of PI C6342E03 DmE-d Dy FjI Gospe - , wF be ddd°tl to fie 3tl}30.'llt 9n r =rc1"x} Ir a x76 not ne uerxea a� a ceFaaoe ate. All . . . . . . .... .. . . . . . . ....... �firr� 'W4 k 1w �� ► o. _�'"tea FY iii: -74 Mr - w'! _ 1� Nip„ .,# �-tea ✓�.ti�Z `�e�a.�� - r�r 1 Existing access on Bayside Drive site photo Facing the parcel proposed for rezoning (Full Gospel Assembly in background) site photo fel ` Existing infrastructure, existing access onto Mount Pleasant Ave East site photo CIO .. ....... Municipal Plan 0 0 Policy LU -3: Boundaries are generally intended to be approximate Policy LU -69: Redevelopment under Stable Commercial designation encouraged rr ; 3 S 4 k t � t � t t S 1 4 4 Section 39 Conditions • Existing conditions apply to portion of the site (next slide): I. Site development limited to original proposal for car wash, gas bar, and retail store on condition that: • Only one access to Bayside Drive be permitted • The car wash closed at Bpm 2. A detailed landscaping plan be submitted for approval to the Development Officer J Section 39 Conditions • Rescind existing conditions •New conditions. • Site design and development • Number and location of accesses stiff Ji*.com • Approve Rezoning • Rescind existing Section 39 conditions • Impose new Section 39 conditions • Advertised on City of Saint John's website beginning February 15, 2018. • Letters to area landowners • February 9, 2018 • No letters received • One resident present at meeting pac recommendation Approve Rezoning Rescind Section 39 Conditions Impose new Section 59 Conditions: Site design and development Number and location of accesses r ■ 'hok �■ ■■ Community Planning & Development Growth & Community Development Services PLANNING ADVISORY COMMITTEE February 28, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning and Section 39 Amendment 34 Mount Pleasant Avenue East & 241 Bayside Drive �-1n,A The City of Saint John On January 29, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 21, 2018 meeting. Jennifer Peacock of Hughes Surveys & Consultants Inc. appeared before the Committee on behalf of the applicant, Hamton Holdings Limited. Ms. Peacock was in agreement with the recommendation contained in the staff report. Ms. Claire Fairweather appeared before the Committee opposed to the proposed development. Ms. Fairweather did not object to the proposed rezoning however took issue with amending Section 39 conditions as she was not made aware the conditions were to be rescinded as part of the application. Ms. Fairweather objected to the recommendation that existing conditions pertaining to the hours of operation of the carwash be rescinded. Ms. Fairweather also objected to the proposed restaurant on the site. The Committee noted that applicants and developers should be encouraged to solicit input from neighbours to facilitate the mitigation of concerns. The Committee approved the staff recommendation contained in the attached report dated February 16, 2018. Page 1 of 3 124 Hughes Surveys & Consultants Inc. 34 Mount Pleasant Ave E & 241 Bayside Dr February 28, 2018 RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 505 square metres, located at 34 Mount Pleasant Avenue East, also identified as being a portion of PID 00342600 from Neighbourhood Community Facility (CFN) to Corridor Commercial (CC). 2. That Common Council rescind the Section 39 conditions imposed on the September 6, 1988, rezoning of the property located at 20-26 Mount Pleasant Avenue East, and 247 Bayside Drive, also identified as a portion of PID No. 55233878. 3. That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 5149 square metres, located at 241 Bayside Drive be subject to the following conditions: a. That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b. That any development of the site shall be in accordance with a detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. This landscaping plan is to be attached to the application for the building permit for the proposed development and all landscaping illustrated on the plan must be completed within one year of completion of the building; c. That the proposed building be constructed in accordance with detailed elevation plans prepared by the developer and approved by the Development Officer. These building elevation plans muss be attached to the application for the building permit for the proposed development and all work illustrated on the plans must be completed within one year of completion of the building; d. An engineering water and sewer analysis must be completed by the applicant's engineering consultant and submitted to the City Page 2 of 3 125 Hughes Surveys & Consultants Inc. 34 Mount Pleasant Ave E & 241 Bayside Dr February 28, 2018 for review and approval in order to determine the impact this development (capacity requirements, peak flows, fire flows, etc.) will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. If any upgrades to existing infrastructure are necessary, this will be the responsibility of the developer; e. The applicant's engineering consultant must submit a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be handled to the City for review and approval. If any infrastructure improvements are required to service this proposal, it will be the applicant's responsibility and cost to complete. No stormwater is to be directed to adjacent lands; f. That the applicant use the existing accesses onto Mount Pleasant Avenue East and Bayside Drive as established by the previous development; and g. That a maximum of one access to Bayside Drive be permitted. Respectfully submitted, Eric Falkjar Chair Attachments Page 3 of 3 126 The City of Saint John Date: February 16, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Wednesday, February 21, 2018 SUBJECT Applicant: Hughes Surveys & Consultants Inc.(on behalf of Hamton Holdings Inc.) Owner: Full Gospel Assembly & Suncor Energy Inc. Location: 34 Mount Pleasant Street East & 241 Bayside Drive PID: 00342600 and 55233878 Plan Designation: Stable Residential Existing Zoning: Neighbourhood Community Facility (CFN) Proposed Zoning: Corridor Commercial (CC) Application Type: Rezoning & Section 39 Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, March 12, 2018. Page 1 of 8 127 Hughes Surveys & Consultants Inc 34 Mount Pleasant Avenue East & 241 Bayside Drive February 16, 2018 SUMMARY The applicant is proposing to rezone a small parcel of land to accommodate a boundary adjustment which would enlarge the former Petro Canada gas bar site to facilitate the proposed redevelopment of the property. Additionally, Section 39 (now section 59) conditions imposed on the larger site are requested to be rescinded. Approval of the application is recommended subject to conditions related to site design and development, as well as the number and location of accesses. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 505 square metres, located at 34 Mount Pleasant Avenue East, also identified as being a portion of PID 00342600 from Neighbourhood Community Facility (CFN) to Corridor Commercial (CC). 2. That Common Council rescind the Section 39 conditions imposed on the September 6, 1988, rezoning of the property located at 20-26 Mount Pleasant Avenue East, and 247 Bayside Drive, also identified as a portion of PID No. 55233878. 3. That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 5149 square metres, located at 241 Bayside Drive be subject to the following conditions: a. That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b. That any development of the site shall be in accordance with a detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. This landscaping plan is to be attached to the application for the building permit for the proposed development and all landscaping illustrated on the plan must be completed within one year of completion of the building; c. That the proposed building be constructed in accordance with detailed elevation plans prepared by the developer and approved by the Development Officer. These building elevation plans must be attached to the application for the Page 2 of 8 128 Hughes Surveys & Consultants Inc 34 Mount Pleasant Avenue East & 241 Bayside Drive February 16, 2018 building permit for the proposed development and all work illustrated on the plans must be completed within one year of completion of the building; d. An engineering water and sewer analysis must be completed by the applicant's engineering consultant and submitted to the City for review and approval in order to determine the impact this development (capacity requirements, peak flows, fire flows, etc.) will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. If any upgrades to existing infrastructure are necessary, this will be the responsibility of the developer; e. The applicant's engineering consultant must submit a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be handled to the City for review and approval. If any infrastructure improvements are required to service this proposal, it will be the applicant's responsibility and cost to complete. No stormwater is to be directed to adjacent lands; f. That the applicant use the existing accesses onto Mount Pleasant Avenue East and Bayside Drive as established by the previous development; and g. That a maximum of one access to Bayside Drive be permitted. DECISION HISTORY The portion of the subject site fronting Mount Pleasant Avenue and Bayside Drive was rezoned in May of 1986 from "R-2" One — and Two -Family Residential to "B-2" General Business for the development of a gas bar and convenience store. The proposed development did not occur. In September of 1988, an additional area was rezoned from "R-2" One — and Two -Family Residential to "B-2" General Business to allow for the development of a gas bar, car wash and retail store in conjunction with the lands that were rezoned in 1986. The rezoning was subject to the following Section 39 conditions under the Community Planning Act: 1. The development of the site be limited to the applicant's proposal for a car wash, gas bar and retail store on condition that: i. Only one access to Bayside Drive be permitted; and ii. The car wash closed at 8:00 p.m.. 2. A detailed landscaping plan must be submitted for approval to the Development Officer. The Planning Advisory Committee granted variances to permit a second access point off Mount Pleasant Avenue for exit only, and one freestanding sign with an area of 17.6 square metres (190 square feet) at their August, 1988 meeting. The Committee also approved the conditional Page 3of8 129 Hughes Surveys & Consultants Inc 34 Mount Pleasant Avenue East & 241 Bayside Drive February 16, 2018 use of a gas bar and car wash on the condition that access to Bayside Drive be limited to one access point. ANALYSIS Proposal The applicant is proposing to replace the facilities at the former Petro Canada gas bar at the corner of Mount Pleasant Avenue East and Bayside Drive. Redevelopment of the site will consist of a gas bar, car wash, convenience store, and restaurant as seen in the attached site plan. The applicant is proposing to acquire a small piece of property belonging to the Full Gospel Assembly Church to facilitate the squaring -off of the former Petro Canada site's property boundary. The small parcel is currently unused as it is at a grade significantly below the Church's parking lot and main structure. The adjusted boundary would facilitate the proposed site design but requires a rezoning to permit the proposed land uses. The acquired parcel will be consolidated with the larger site upon approval of the rezoning. Additionally, the applicant is proposing existing Section 39 Conditions, which apply to only a portion of the former Petro Canada gas bar site, be rescinded in order to facilitate redevelopment of the site. Site and Neighbourhood The site proposed for rezoning is located on the City's East Side, just beyond the intersection of the Courtenay Bay Causeway, Mount Pleasant Avenue East, and Bayside Drive. The site currently forms part of the side yard for the Full Gospel Assembly Church and is landscaped with grass and small shrubs. The former Petro Canada gas bar site is located at the southeast corner of the Mount Pleasant Avenue East and Bayside Drive intersection. The surrounding neighbourhood is characterized by a variety of land uses including heavy industry, commercial, residential, and community uses. The site marks a transition from the industrial and commercial land uses and zoning to a more moderately dense residential neighbourhood fabric. Municipal Plan and Rezoning Municipal Plan The site proposed for rezoning is designated Stable Residential. The former Petro Canada gas bar site is primarily designated Stable Commercial. Municipal Plan Policy LU -3 recognizes that boundaries of designations are generally intended to be approximate therefore a municipal plan amendment is not required as the proposal conforms to the Stable Commercial designation. Page 4 of 8 130 Hughes Surveys & Consultants Inc 34 Mount Pleasant Avenue East & 241 Bayside Drive February 16, 2018 Stable Commercial lands are existing, built -out, neighbourhood commercial areas where little change is anticipated. Redevelopment of property under this designation and in compliance with the zoning by-law is encouraged under Policy LU -69 of the Municipal Plan. Staff note the proposal is consistent with past land use at the site. The boundary adjustment will facilitate site design and will not impact the current use of the Full Gospel Assembly Church. The proposal is therefore consistent with the Stable Commercial designation and associated policies. Zoning The site proposed for rezoning is currently zoned Neighbourhood Community Facility (CFN) as it is part of the Full Gospel Assembly Church property. This parcel will be subdivided and consolidated with the larger lot at the corner of Mount Pleasant Avenue East and Bayside Drive to facilitate the replacement of the gas bar, convenience store, and car wash, and the development of a restaurant. The site proposed for rezoning must be brought into conformity with the larger site in order to permit the proposed land uses. A service station is permitted in the Corridor Commercial (CC) zone and is defined by the Zoning By-law as accommodating a gas bar, car wash (inside a building), and convenience store. A restaurant is also a permitted use in the CC zone. Section 39 Conditions An amendment to the Section 39 conditions is required as Common Council imposed conditions when it rezoned a portion of the former Petro Canada gas bar site in September, 1988 to allow for the development of a gas bar, convenience store, and car wash. The existing conditions limit development of the site to the site plan submitted in 1988 and restrict the car wash hours of operation. Staff recommends the existing Section 39 conditions be rescinded as they are not relevant to the current proposal. Staff is recommending Section 39 conditions with respect to site design and development be imposed which incorporate considerations related to infrastructure servicing. This requires the preparation of an engineered water and sewer analysis and an engineered storm water drainage plan and design report. Additional conditions are recommended restricting the number and location of accesses to the proposed development. Variances Any variances required for the proposed redevelopment of the Petro Canada gas bar site will be processed by the Development Officer upon a successful rezoning and submission of a finalised, detailed site plan. Page 5of8 131 Hughes Surveys & Consultants Inc 34 Mount Pleasant Avenue East & 241 Bayside Drive February 16, 2018 Subdivision The site proposed for rezoning will require a Type 1 Subdivision (boundary adjustment). This subdivision will be processed by the Development Officer upon a successful rezoning application. Conclusion Staff supports the proposed rezoning to facilitate the redevelopment of the former Petro Canada gas bar site. The proposed development meets the intent of the Municipal Plan and is in keeping with past use of the site. Existing Section 39 conditions are recommended for rescindment with new conditions recommended with respect to site design, infrastructure, and access. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on February 9, 2018. The public hearing for the rezoning was advertised on the City's website beginning on February 15, 2018. SIGNATURES AND CONTACT Prepared: �I Jennifer Brown, BCD, MRM Planner Reviewed: x1d Mark Reade, P.Eng., MCIP, RPP Senior Planner Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6of8 132 Hughes Surveys & Consultants Inc 34 Mount Pleasant Avenue East & 241 Bayside Drive February 16, 2018 Contact: Jennifer Brown Phone: (506) 658-4528 E-mail: jennifer.brown@saintjohn.ca Project: 18-11 Page 7of8 133 Hughes Surveys & Consultants Inc 34 Mount Pleasant Avenue East & 241 Bayside Drive February 16, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Revised Site Plan Page 8of8 134 I Oj Map 1 - Site Location The :Feb Saint John 5 Date: February -01-18 Hughes Surveys & Consultants Inc. - 34 Mount Pleasant Avenue East Light Industrial ON ,Pk Com Heavy Industrial Stable nt John Map 2 - Future Land Use ate:he F Februy of ary-01Cb-18 Hughes Date: February -01-18 Hughes Surveys & Consultants Inc.- 34 Mount Pleasad ve East CC O41 gPy LO (CC) Corridor Commercial (CFN) Neighbourhood Community Facility (CG) General Commercial (IH) Heavy Industrial (R2) Two -Unit Residential y 7< 0 0 J� O CC Map 3 - Zoning 37 Hughes Surveys & Consultants Inc. - 34 Mount Pleasant East Section 39 Conditions The City of Saint John db Date: February -01-18 33 , O 48 44 40.- FFP - r r r • Map 4 - Aerial Photography The City of Saint John Date: February -01-18 Huges Surveys & Consultants Inc. - 34 Mount Pleasant14'enue East Site Photography Hughes Surveys & Consultants Inc. - 34 Mount Pleasant Avenue East The City of Saint John Date: February -15-18 11 C�.uERM Ca,. PLICTM NQ'ES �.� 4 II 1 I� f 7_ MT. PLEASANT AVENUE EAST FROP.CIFLU J mov,asroae ` I LL Parcel "A" Mote Paroei -A', portion of P1D OQ342&0 owned by Full Gospel Assembly, wilt be added to Ore adjaoenl&moor Energy Inc. + property- It YA]l riot be developed as a separale pa noel. 0 LEGEND -$ Submission 1: Site Plan ISSUED FOR REVIEW. NOT FOR CONSTRUCTION alpe"DESIGN POINT LqLinCONSU`� CTIISN BAYSIOE DRIVE GAS BOR uRYiI.C<'.ti �"W 3aAFI5VACK ./ SUEPLAN ior3 PROPOSED ZONING BY-LAW AMENDMENT - 34 MOUNT PLEASANT AVENUE ... Page 1 of 1 SAINT JOHN PROPOSED ZONING BY-LAW AMENDMENT - 34 MOUNT PLEASANT AVENUE EAST 13 -Feb -2018 PROPOSED ZONING BY-LAW AMENDMENT RE: 34 MOUNT PLEASANT AVENUE EAST Public Notice Is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held In the Council Chamber on Monday March 12, 2018 at 6:30 p.m, by: Rezoning a parcel of land having an area of approximately 505 square metres, located at 34 Mount Pleasant Avenue East, also identified as being a portion of PID No. 00342600, from Neighbourhood Community Facility (CFN) to Corridor Commercial (CC). REASON FOR CHANGE: To permit the construction of a convenience store with gas bar and car wash. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hali. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 142 http://www. saint] ohn.c a/en/home/news/publicnotices/proposed-zoning-by-law-amendme... 14/02/2018 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE - 34 AVENUE EST ... Page 1 of I e SAINT JOHN PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE - 34 AVENUE EST MOUNT PLEASANT 2018-02-13 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 34 AVENUE EST MOUNT PLEASANT Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'arr9t6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardl 12 mars 2018 a 18 h 30: Rezonage d'une parcelle de terrain d'une superficie d'environ 505 m6tres carr6s, situ6e au 34, avenue Est Mount Pleasant, et portant une partie de NID 00342600, de zone d'installations communautaires de quartier (CFN) a zone commerciale de corridor (CC). RAISON DE LA MODIFICATION : Permettre la construction d'un depanneur avec station -service et lave -auto. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d€veloppement a I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feri6s. Veuillez faire part de vos objections au projet de modification par ecrit 6 I'attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en fransais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658-2862 143 http://www. saintj ohn. ca/fr/Accueil/salledepresse/avi spublics/proposed-zoning-by-law-am... 14/02/2018 HUGHES tiiliiVt YUKS tNGIN�L RS HUGHES SURVEYS & CONSULTANTS INC. NB LAND SURVEYORS, CONSULTING ENGINEERS January 19, 2018 Our file Y17-329 Mr. Mark Reade, MCIP Growth & Development Services City of Saint John 10th Floor, City Hall Saint John, NB Re: Application for Subdivision (Boundary Adjustment) and Rezoning, Corner of Bayside Drive and Mt. Pleasant Avenue. Dear Mark, Please find enclosed the following: • General Application Form and Council Application Form; • General Application Form and Subdivision Application Form; • Copy of Preliminary Site Plans (3) showing proposed site improvements and portion of Full Gospel Assemble property to be added to the Suncor Energy Inc. property. We look forward to discussing the site development details and what variances may be considered for the redevelopment of this site once the rezoning process has further advanced. If you have any questions, please do not hesitate to contact me. A digital submission to Onestop has been forwarded. Yours truly, HUGHES SURVEYS & CONSULTANTS LTD. r Richard Turner Encl. 575 CROWN STREET, SAINT JOHN, NB E21- 5E9 (506) 634-1717 FAX (506) 634-0759 144 Dovelopfilent Shope . General WHOM form U VCLG �VCIvICILI—N MJV UWIL nr� �v ++�cn,a srvcn.wc !^J rICHANGEOFUSE OSIGN MSUBDIVISION OTHER ❑OTHER 0MINIMUMSTANOARDS OTHER []OTHER - This application is for the purposes of obtaining approvals for the redevelopment of the former Petro Canada facility located at ``Bayside Drive and Mt. Pleasant Avenue, The replacement facilities will comprise of a convenience store with gas bar and car I wash. The main section of the property is properly zoned. An agreement is pending with Full Gospel Assembly to acquire a 1 portion of their property subject to it being rezoned. It will then be consolidated with the main site. 3 Hamten Holdings Limited & Suncor Energy Inc For Hamton Holdings Ltd. For Suncor Energy Inc Suncor Energie Inc. a + _ i Suncor Energie Inc are in agreement with processing this joint application./-//• orner oT iviount Fleasantvenue tnast an 1 / o Ion o being rezone 'CIVIC ADDRESS: aysideDrive Cm.•nrl (.rllech nSrutement PIDIr: onsolidatedwith55233878 HERITAGE AREA: Y / N INTENSIFICATION AREA: Y ( N FLOOD RISK AREA Y J N APPROVED GRADING PLAN. Y / N I J -1PPUCATION tf: � yn,t.... ,c, nc,.n7kerw, a .'--J m,i.<u n;wh rs nrs+•, o:rr rn d.i•r.r r;;r pn trans DATE RECEIVED: IRECEIVED C 6, u•+s v^e rpeaitiGafpt`r cra I ,;ihm u5ree to comply vntn otl rNevo�r �r, BY: 1 APPLt NT+�— lughes Surveys & Consultants Inc. on -EMAi! PHONE behalf of Hamton Holdings Limited rick.turner@hughessurveys.conl (506)634-1717 ^ !,N-,AILING ADDRESS POSTAL CODE APPa-ar l Name Ohher 575 Crown Street, Saint John. NB E2L 5E9 I ! :ONTRACTOR 'DEVELOPER EMAIL PHONE •�,,. Hamton Holdings Limited hamtonholdings&eastlink.ca 902.499-7746 5.,+n: 1"p, .l'u 1C1. 155 +y -_ . LL, January 18, 2018 January 18, 2018 l�1rr1.. 4F:atu 2 'v1A1LING ADDRESS POSTAL CC01 f- c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E2L 5E9 t.J ;OWNER Full Gospel Assembly - PID 00342600 EMAIL PHONE Iburt@fullgospel.ca 506-639-5849 '3uneor Energy Inc. Suncor Energie Inc - PID 55233878 cmurphy@suncor.com 902-478.7969 MAILING ADDRESS POSTAL CODE C/O Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NS E21. 5E9 PRESENT USS: Vacant after recent demolition PROPOSED USE: Conven-. ;,nce S':,re with gas bar and carwaso t >' ..r I Ct;i:Dlt�(a ____ C] INTERIOR RENOVATION [31NEwCONSTRUCTION r iAr:VliVti _ _ _ _ _ _ INrtASTrUC'TL�RE H�''.171eCiE __ 1 VARIANCE (:]STREETEXCAVATION rl HERITAGE DEVELOPMENT MEXTERIORRENOVATION [3ACCESSORYBLDG [:]PLANNINGLETTER 0DRIVEWAYCULVERT ❑HERiTAGESiGN 1 i ADDITION POOL ®PACAPPLICATION C]DRAiNAGE 0 HERITAGE INFIL, ! r -i _.._.. f" -1 Itri h .rrn 11.1 n r1—1 u sen U VCLG �VCIvICILI—N MJV UWIL nr� �v ++�cn,a srvcn.wc !^J rICHANGEOFUSE OSIGN MSUBDIVISION OTHER ❑OTHER 0MINIMUMSTANOARDS OTHER []OTHER - This application is for the purposes of obtaining approvals for the redevelopment of the former Petro Canada facility located at ``Bayside Drive and Mt. Pleasant Avenue, The replacement facilities will comprise of a convenience store with gas bar and car I wash. The main section of the property is properly zoned. An agreement is pending with Full Gospel Assembly to acquire a 1 portion of their property subject to it being rezoned. It will then be consolidated with the main site. 3 Hamten Holdings Limited & Suncor Energy Inc For Hamton Holdings Ltd. For Suncor Energy Inc Suncor Energie Inc. a + _ i Suncor Energie Inc are in agreement with processing this joint application./-//• Ralph Hamilton jl 1 / gC� � �- � y tea•-,r,�` "l!�i .)r, i - ❑ 1 consent to the City of Saint lohn sending to me commercial electronic messages, from time to time, regarding City initiatives and incentive;. Cm.•nrl (.rllech nSrutement 1, fhC neretby apply ,'or the permilj s; or Opprovd�(^.;. ,rv_hCare;� Ccoye lot Ine wxk cescnoeo on p)cm. suurrm-ons una forms he%wit,. Fin rua.o;Anr o +erut .,•Il., hd m a„1ar fa 04 C;n .y Suuu Jain ,u ,r.-6.:, u.. mrn:g svbmO.ed TN's cpp;tot;cr: incruoes c±r relevant Cccv,enro+:on neves-wy %! yn,t.... ,c, nc,.n7kerw, a .'--J m,i.<u n;wh rs nrs+•, o:rr rn d.i•r.r r;;r pn trans the appllea for permit's] or opp'ovetfsl. i agree 'o co7.pi, w:1M !" nrcr (•nkr ,u,•J r., Jn m is I,- ,k, C,n of �.rnr .F,hA odl rwr st:a:.• I v,,. l +,...�� •i" C 6, u•+s v^e rpeaitiGafpt`r cra I ,;ihm u5ree to comply vntn otl rNevo�r �r, n ,L.• man.... Gond l.cm .mcosed. Hughes Surveys & Consultants Inc. on behalf Full Gospel Ass"bly - sf Hamton Holdings Limited. • Riehard7urner Lindsay Sun T:w r,,&.n„e<.np 1, :nrlc; uug rhn "!Ie, —I— r, M A, Io MulhotrXatOM :h, 4g r lnr:, r m:J Pr• rr: nnn ,+f Pnv..n 4n. For fimher r yr s+,- APPa-ar l Name Ohher •,a -nPhaw larva•, 14o40 -1.i P,nacp QW r. I ! /yam-; •�,,. 'n ll,.l. 9m:.hgc r�' 1 S .W, E:l .)gmlr: 1 I E APpJCcnt Signature O++nels 5tgnature 5.,+n: 1"p, .l'u 1C1. 155 +y -_ . LL, January 18, 2018 January 18, 2018 l�1rr1.. 4F:atu pgte Date ,Jun n1 :S_....�- 145 Development shop 4� General Au��rcaafi��I- 1V�t tUHt �t`(.,�*}., ,^f-1 f ! r.,E':=! gyp'!; !CIVIC ADDRESS: Payside Drive , PID II : �onsotidated with 55233878 1 _ HERITAGE AREA: YIN INTENSIFICATION AREA: YIN FLOOD RISK AREA' Y / N APPROVED GRADING PLAN. Y / N XPPLICATION N: DATE RECEIVED: r i RECEIVED 3Y_ APPu9u"ghes Surveys & Consultants Inc. on E��al. PHONE _ behalf of Hamton Holdings Limited rick.tumer@hughessurveys.com (508}634-1717 n MAIL'NGADDRES5 POSTAL CODE 575 Crown Street, Saint John, NB E21- 5E9 :flNTRACrOR ,DEVELOPER EMAIL PHONE Hamton Holdings Limited hamtonholdings@eastlink•ca 902-499-7746 M !VAItIANGADDRESS POSTAL CCDE �t clo Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E21- 5E9 e _ O,vrIEN Full Gospel Assembly - PID 00342600 EMAIL Iburt@fullgospel.ca PHONE 506.639-5841 Suncor Energy Inc. Suncor Energie Inc - PID 55233878 emurphy@suncor.com 902-478-7969 j!MAILING AD0RF55 POSTAL CODE I j c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E21- 5E9 � PRESENTUSE: Vacant after recent demolition PROPOSED USE: S'o-. with gas bar and cafWash t'iA%N114G iNFRASTRUCrURF rH=RI` AGE te`• ._�—._ _-__..__ ..._ .. i C1 INTERIOR RENOVAMON ANEW CONSTRUCTION VARIANCE []STREET EXCAVATION HERITAGE DEVUCPMENT I C] EXTERIOR RENO`JATION [:]ACCESSORYBLDG E]PLANNINGLE'TER [DORIVEWAYCULVERT QHERI'AGE5IGN C]ADOfnON lipOOL ®PACAPPLICATION DRAINAGE 0 HERITAGE INFILL DECK ODEMOLITION ®COUNCVLAPP WATER & SEWERAGE OHERITAGEDfMO [:]CHANGEOFUSE nSIGN ESUBDIVISION OTHER ❑OTHER i MINIMUM STANDARDS MOTHER nOTHER This application, is for the purposes of obtaining approvals for the redevelopment of the former Petro Canada facility located at Sayside Drive and hit. Pleasant Avenue. The replacement facilities will comprise of a convenience store with gas bar and car wash. The main section of the property is property zoned. An agreement is pending with Full Gospel Assembly to acquire a portion of their property subject to it being rezoned. It will then be consolidated vdth the main site. Hamton Holoings Limited & Suncor Energy Inc For Hamton Holdings Ltd. For Suncor Energy Inc. Suncor Energie Inc. i Suncor ; nergie Inc are in agreement vrith Ralph Hamilton I� processing this joint application. % jf ❑ 1 consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. rmeroll nirech-Mal—I L .'he vrtlCniyreC, me,vby apply :or the oe.'rnilfs; or app,=,•a'is;. ,nc',ca}r.: on plum. subtr4uions Una IOWA here—Ift ccore tot Ine wnri .7escrbey rn flu ,. • n, a Acrnr :,:11„n,1 ,n ..,d,:r fw 1:,; f 7n .y' 4,r:rr r„in rr..ieln: Jr sYr.ur; SvbmiNed. Th;x app!CoCar. incl aes ca nvevonl ':-. ?4 "li--, r. i„n,l.•J:n cher n:na'k :a nth',..:,t f., .i.:'rc.r d:: }•tr ,C'.: f:.•, the Or:p• ea for aeimi# s1 or oppeovctfs%.. 1 ogress !O Cerr.p;) W' -M r” non v.,R !'air•, ,. ,rJ a J:, ,,. 4, ru.. ,nr r'rn •d'S.nnr.� An ..,Arm, a�J:.•,:n. ;.••.,•.,! specilicatior: ora hsitavr o5roe to comply a Irl as relevant CO, ;0—a'.,i o4•amar.:.,: rv;b inn flnnr�Jvn,,:dmrr. �+•nr .•.v}v,•a. .-o,.ar,rrBy .mposed ughe 9' Hughes u[veys 8 Consultants Inc, on behalf Full Gaspar Assemlay - 3f Hamton Holdings Limited. • RichardTurner Lindsay Burt r ,% ra,r,.�„ },:, : uAa:,rng rr,,, rnr,:mJn,•n r„� h, tJ ,:r,f•,hY ar,..;,}s+r•r., :, ,::a .,.. -J r .r Nrm 4 A,,.rr,• s.a. 11-1 fnkur ,nj r+ r or M -sa ,:-` :h. Q el r Iwo, mn App scant Name ur}l, Ae d A , o s ,Tf! rr 0 Z m NJR 9m'.hng ,> AAP:'ccn: Signalvr6 OwnCi�,griawre -.. SJrnr foh,. as F:1 16 5 <.: January 18, 2018 January 18, 2018 Dote De1B 146 - �g$� Council Application eeiilq7p int She R1 GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 1 384 Lancaster Avenue APPLICATION # FEE PAID I Y N TYPE OF APPLICATION ❑ Land for Public Purposes Release Service Fee: $300 ❑ Section 39 Amendment Service Fee: $2,500 ❑ Non -Conforming Use Service Fee: $200 Zoning By-law Amendment Service Fee: $2,500 ❑ Satisfactory Servicing Service Fee: $200 ❑ Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. Proposed Convenience Store with Gas Bar and Car Wash This application is for the purposes of obtaining approvals for the redevelopment of the former Petro Canada facility located at Bayside Drive and Mt. Pleasant Avenue. The replacement facilities will comprise of a convenience store with gas bar and car wash. The main section of the property is properly zoned. An agreement is pending with Full Gospel Assembly to acquire a portion of their property subject to it being rezoned to Corridor Commercial (CC). It will then be consolidated with the main site. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. The Certificate of Registered Ownership for Suncor Energy Inc. is included in this application. It indicates there are no registered encumbrances affecting the land other than the attached Council Resolution. Information is not available for the Full Gospel Assembly property but will be checked prior to completion of the rezoning process. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc. on behalf of Hamton Holdings Limited - Rick Turner Authorized Agent Date January 18, 2018 Hamton Holdings Limited - Ralph Hamilton Agreement of Purchase and Sale pending Date January 18, 20 The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 14/ plicafinn DiVepptfient GROWTH & COJNAMUNITY OEVELCPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESS APPLICATION # FEE PAID Y N TYPE OF APPLICATION Instrument Documents requiring Development Officer endorsement for registration Service Fee: $50 Tier 1 Subdivision Lot boundary adjustments, consolidations, and new lots along an existing street Service Fee: $250 plus $50 per new building lot Tier 2 Subdivision Subdivisions involving the construction of a street Service Fee: $500 plus $100 per new building lot DETAILED DESCRIPTION OF APPLICATION Attach the instrument or tentative subdivision plan, whichever is applicable, and any additional documentation to fully describe the application. Tentative subdivision plans must adhere to the requirements of Section 49 of the Community Planning Act of New Brunswick. In the case of a Tier 2 Subdivision, the submission of a preliminary proposal and a Pre -Application Meeting with City staff is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. The proposal is to add portion of the Full Gospel Assembly property (Portion of 00342600 ) to lands owned by Suncor Energy Inc.. The Full Gospel Assembly property is in the rezoning process to billng il. in'tacumpliance with the land it is to be COnSulidated with. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. The Certificate of Registered Ownership for Suncor Energy Inc. is included in this application. It indicates there are no for the Full Gospel Assembly property but will be checked prior to completion of the rezoning process. AUTHORIZATION As of the date of this application, 1, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc. on behatt of Harnton Holdings Limited - Rlck Turner Registered O er or uthorized gent Date January 19, 2018 Additional Registered Owner Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. W. GENERAL CONSTRUCTION NOTES: ^,LEGEND Tzxr— 4 MT. PLEASANT AVENUE EAST----------------- - —"— —' s w,mcm"roxom,-rcxnmxr,uonm cmasw,."m �� _ � % �,�•�•"� _ _ _ _ _ _. _. _ Q roa�o --t ISSUED FOR FROF.CRU REVIEW, NOT FOR 2000 SOFT. '�_7 CONSTRUCTION 9 :r� 4/ f 1Li- nn ---- PROP. CB��ET TORE D ES I G N - _7 PINT _. - _ _ - �_�, - � _ _ _ _ RiG1IR.,tlNGi>URYEIT♦<i O w� I$ Lindsay __ CONSTRUCTION BAYSIDE DRIVE GAS BAR SAINT JOHN, NENMUNSWICK Parcel "A" SRE PLAN SVG \� mute:.P — "A", portion of PID 00342600 owned by Full Gospel Assembly, will be added to the adjacent Suncor Energy Inc. property. It will not be developed as a separate parcel. 1 oK 3 149 150 Egp51pN ANO SENII.ffNi CpITROt A , ,V W. PLEASANT AVENUE EAST - amN,N„ a.v ^ten q M. ISSUED FOR 151 PROP. CRU �SQ.Fr. AI Y1REVIEW, NOT FOR CONSTRUCTION FFE-14.BSm r, it PROP. CSTORE�> �SaFT./DESIGN Ky� POINT e«:rl� 911NE..G Os Lindsay CONSTRUCTION / BAYSIDE DRIVE GAS BAR SrIINr JOIiN, NEW BF2UNSWI[]( Parcel "A+ GRADING PLAN ote: Parcel "A', portion of PID 00342600 owned by Full Gospel ,Assembly, will he added to the adjacent Suncor Energy Inc. ' developed 3o 3 property. It will not be as a separate parcel. 151 BY-LAW NUMBER C.P. 111- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 505 square metres, located at 34 Mount Pleasant Avenue East, also identified as a portion of PID No. 00342600, from Neighbourhood Community Facility (CFN) to Corridor Commercial (CC). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2017 and signed by: Mayor/Maire ARRETE No C.P. 111- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d&cr6t& ce qui suit : L'arret6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 505 m6tres carr6s, situ6e au 34, avenue Est Mount Pleasant, et portant une partie de NID 00342600, de zone d'installations communautaires de quartier (CFN) a zone commerciale de corridor (CC). - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arr6t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2017, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi&me lecture Third Reading - Troisieme lecture 152 o v The City of Saint John March 12, 2018 His Worship Mayor Don Darling And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 384 Lancaster Avenue A Public Presentation was made on January 29, 2018 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Municipal Development Plan, a parcel of land with an area of approximately 0.76 hectares, located at 384 Lancaster Avenue, also identified as PID No. 00386466, from Stable Area to Employment Area; and redesignate, on Schedule B of the Plan, the same parcel of land, from Stable Residential to Business Centre to permit a facility for the laboratory testing, extraction and purification of cannabinoids; research and development and the production of pharmaceutical -like products. The required advertising has been completed, and attached you will find a copy of the public notice, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, May 7th, 2018 in the Council Chamber at 6:30 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor Common Clerk Attachment SAHNT )(A RN N), Bm 19/1 'tauW jdj5t NIS Canada FA-_ H 1 .,Awdjcohwa,K. a I C. ` 91-1 �,atirt� taaFaaa, N p�. �zaea>e��a �A All 153 PUBLIC `} ' AVIS NOTICE PUBLIC PROPOSED MUNICIPAL PLAN AMENDMENT RE: 384 LANCASTER AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: Redesignate on Schedule A of the Municipal Development Plan, a parcel of land with an area of approximately 0.76 hectares, located at 384 Lancaster Avenue, also identified as PID No. 00386466, from Stable Area to Employment Area as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Stable Residential to Business Centre. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 384 AVENUE LANCASTER Par les pr6sentes, un avis public est donne par lequel le consal communal de The City of Saint John a ]'intention d'6tudier ]a modification du plan d'am6nagement municipal comme suit: 1. Modifier la d6signation, a ]'annexe A du plan, d'ane parcelle de terrain d'u ne superficie d'environ 0.76 hectares, situee an 384, avenue Lancaster, et portant le NID 00386466, afm de la faire passer de secteur stable a secteur de d'emploi, conrnre it est indique ci-dessous; 2. Modifier la designation a ]'annexe B du plan, de In parcelle de terrain pr6cit6e, afm de In faire passer de secteur r6sidentiel stable a centre d'affaires. REASON FOR CHANGE: To permit a facility for the laboratory testing, extraction and purification of cannabinoids; research and development and the production of pharmaceutical -like products. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by February 28, 2018. Enquiries may be made at the office of the Common Clerk or Growth and Cormnumly Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 part, Monday through Friday, inclusive, holidays excepted. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 RAISON DE LA MODIFICATION: Permettre ]a mise en place ('installations pour ]'analyse, 1'extraction et la purification en laboratoire des cannabinoldes, la recherche et le d6veloppement et la production de produits pbarmaceutiques. Veuillez faire part au conseil par 6crit de vos objections an projet de modification an plus lard le 28 fivrier 2018 a ]'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal on le bureau de service de la croissance et du d6veloppement communautaire a 116tel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lunch an vendredi, sauflesjours f6ids. Si vous avez besoin des services en franos pour une rdunion de Conseil Communal, veuillez coruacter le bureau du greffier conmrmral. Jonathan Taylor, greffier communal 658-2862 www.xairrtjuhn.ca r` SAINT IUHN _ ._.i' 1-71 S,VN7 [UW% N.K iN, E.; E?L 1 L I 532 Tilton Avenue Saint John, NB E2M 2W3 February 27, 2018 Mayor Don Darling and Members of Common Council City of Saint John City Hall, 15 Market Square Saint John, NB Dear Mr. Mayor and Members of Common Council: RE: Proposed Municipal Plan Amendment -384 Lancaster Avenue Manufacturing facilities do not work well in residential neighborhoods — this is why cities designate specific areas as industrial parks for manufacturing facilities. When successful, manufacturers often need to expand their footprint. The above site is limited by the Throughway on one side so the only option would be to expand into the existing residential area. As well, residential areas have different needs preferring to be quiet and safe while manufacturers often have increased traffic, noise and emissions flowing to and from their facility. The proposed use of the above site is no different -- there will be increased traffic, noise and emissions when compared to the previous uses of this facility. The City should not turn its back on the residents of Fundy Heights who are already invested heavily in this City, choosing to live within City limits, paying City taxes and water rates, and using the many services the City provides. A promise to employ does not guarantee the new employees will be residents of the City of Saint John. As a resident and property owner in close proximity to the above site, I object to the re -zoning of this property to allow manufacturing, believing it will be detrimental to the existing neighborhood. If the City moves forward with this re -zoning, at the very least it should ensure that the zoning application is conditional and specific to the proposed business -- when the property is sold the property owner must go back to City Council for approval to sell to another business, ensuring the residents reflect on the neighborhood changes and have an opportunity to voice their concerns. Yours sincerely, LL1Lyrd 1�/� u-4.c�i Anna Marie Hutton Cc Mr. Jonathan Taylor, Common Clerk Mr. Mark Reade, Planning Advisory Committee 155 From: kkaramanos [mailto:fundyhbbOgmail.com] Sent: February -25-18 8:24 PM To: Reade, Mark; Bill Dashwood Subject: "Subject: Item #10 384 Lancaster Ave - Council Meeting - January 29th" My beliefs on the rezoning of the 384 Lancaster to "Business Park Industrial "from "General Commercial " are concurrent with the reasons given in letter of objection submitted by Bill Dashwood dated January 29th to Mayor and Councillors. It is a great opportunity for the west side to house this venture especially with the creation of jobs . Why expose the neighborhood to rezone at the BPI zone level for potential risks with any future development if you do not have to at this point? Keeping zoning at General Commercial with specific variance to its intended operation sounds reasonable to me. Sincerely, Kathleen Riley- Karamanos 360 Young Street, Saint John, N.B. E2M2T8 Home- 635-1213 Cell- 639-9848 156 From: Ian Wilson[mailto:ipwilson(a)nb.sympatico.ca] Sent: February -14-18 5:39 PM To: Reade, Mark Cc: Taylor, Jonathan; Norton, Greg; Armstrong, Blake Subject: Re -zoning proposal for 384 Lancaster Avenue from General Commercial to Business Park Industrial Mr. Reade: We are sending this communication to request rejection of the re -zoning proposal aimed to approve "Business Park Industrial" status for the property at 384 Lancaster Avenue. This property is currently classified as "General Commercial". It is our understanding that the new owner's business proposal to establish a marijuana -related business would be possible within the current zoning status with an appropriate variance. This property is on the edge of one of the West Side's well-established residential neighbourhoods. It is our view that to approve "Business Park Industrial" zoning when it is not necessary to accomplish the owner's business plan is too big a leap. At some future date, if the new owner wishes to significantly change the size or scope of the proposed operation, or sell the property for a purpose that would require "Business Park Industrial" zoning, then this matter should be revisited by PAC and subsequently Common Council. The neighbourhood and surrounding community deserves absolutely the opportunity to know in advance of any such proposal and be invited to comment once again. We learned of the proponent's re -zoning proposal through media mention. We subsequently learned from a neighbour across the lane that he had received a notice of a "public" meeting held by the proponent about the new business intention. We did not receive any invitation although we live on Earle Avenue - in relatively close proximity to 384 Lancaster Avenue. Thank you for conveying these comments to the appropriate Planning Advisory Committee meeting. Patricia S. Wilson Ian A. Wilson 553 Earle Avenue 672-0551 157 From: Catherine McKay <mckaawayOyahoo.ca> Date: February 6, 2018 at 6:28:01 PM AST To: <don.darling@saintjohn.ca>, <blake.armstrongksaintjohn.ca>, <mark.readegsaintjohn.ca> Cc: <jonathan.taylor@saintjohn.ca> Subject: proposed zoning changes for 384 Lancaster Ave. Reply -To: Catherine McKay <mckayaway@yahoo.ca> Sirs, I own the property 504-506 Havelock Street, two properties past 384 Lancaster Avenue. I received notice that the present building (T4G) was being considered for repurposing as a lab dealing with marijuana. I have no problem with such a suggestion as I assume the property would be kept in good repair and the deliveries and pick-ups would be at reasonable times that would not cause undue disruption to the neighbourhood. Since being advised of the proposed business change I have learned that there is a request for rezoning. This is a very different matter and I would like to register my opposition to the rezoning of this property. I believe the lab can be accommodated under the present zoning and I have concerns regarding possible future uses for the location should the zoning change from "General Commercial" to "Business Park Industrial". If an owner at a later date with the new "Business Park Industrial" rezoning of the 384 Lancaster Ave wishes to resell the property, any industrial enterprise that is compatible with the businesses in Lorneville Industrial Park will easily be applicable and transferable to 384 Lancaster Ave. If the property is rezoned to "Business Park Industrial" from it's current "General Commercial" zoning, it would be without question open for Industrial Laundry, Machine and Fabrications shop, sewage treatment, waste haulage, construction company etc. All without consultation of the neighbouring property owners. If the property at 384 Lancaster remains with the same zoning "General Commercial" with a specific variance as to the intended operation I doubt that there will be much opposition, however, at this point in time the rezoning of the 384 Lancaster Ave property to "Business Park Industrial" from "General Commercial" is ill-conceived, ill-advised and strenuously objected to Regards, Catherine M. McKay Email mckayaway@yahoo.ca Cell # (506)650-5175 158 From: carol crawford[mailto:hippywoman730(a)gmail.com] Sent: February -04-18 2:31 PM To: Reade, Mark Subject: 384 Lancaster Ave. I have no objection to marihuana oil production at 384 Lancaster Ave. by Nuuvera, but I do NOT agree with a change in the zoning of the area to Business Park Commercial (Industrial) from General Commercial. I live almost directly behind the proposed establishment at 381 Cushing St and think that the proposed change would definitely hurt real estate values in the area. We live in a residential area with a new school, small convenience stores, and daycare centres, a very established settled community with young families and seniors. Business Park Commercial zoning would open the door for much different industrial enterprises to establish themselves if the present company decided to move in the future. Also,the corner on which 384 sits is already a very busy intersection. It leads to Dunn Ave which is the main route to Sand Cove Road, which is already an extremely busy street, with daily commuters of cars and trucks ( light and heavy). I missed the community meeting that Nuuvera held, as I did not get my invitation until the day after the meeting. Sincerely, Carol Crawford Phone Number 214-8299 159 From: Bill Dashwood[mailto:billd(a)nb.sympatico.ca] Sent: February -01-18 2:22 PM To: Taylor, Jonathan; Reade, Mark Subject: Item #10 384 Lancaster Ave - Council Meeting - January 29th Sirs, I reside at 391 Cushing Street directly behind the T4G building. Please enter and record my objections to the rezoning of 384 Lancaster Ave. If you are able to add any further clarity to the rezoning application please advise Regards, Bill Dashwood Home: (506) 672-4165 Cell: (506) 651-4501 From: Bill Dashwood [mailto:billd@nb.sympatico.ca] Sent: January 29, 2018 2:00 PM To:'don.darling@saintjohn.ca' <don.darling@saintiohn.ca> Cc:'greg.norton@saintjohn.ca'<greg.norton@saintiohn.ca>;'blake.armstrong@saintjohn.ca' <blake.armstrong@saintiohn.ca>; 'mark.reade@saintjohn.ca'<mark.reade@saintiohn.ca> Subject: Item #10 384 Lancaster Ave - Council Meeting - January 29th Sirs, The Fundy Heights area of Saint John is a residential neighbourhood with a number of retail and Day care operations in the immediate vicinity and new school nearby The considered opinion is the proposed rezoning of the 384 Lancaster Ave property to Business Park Industrial is excessive and will be detrimental to future valuation of our properties for three (3) reasons. 1. If the rezoning is permitted to "Business Park Industrial" that by itself increases the value and saleability of the property immediately whether any business starts up or not. In the documents submitted three properties were viewed one in the Lorneville Industrial Park at $31VI with a "Business Park Industrial" zoning, one on the Golden Mile at $2M, zoned at "Highway Commercial" and the 3rd property at 384 Lancaster Ave — zoned "General Commercial" so zoning does affect the sale value and resale ability of any commercial property. 2. If an owner at a later date with the new "Business Park Industrial' rezoning of the 384 Lancaster Ave wishes to resell the property than any industrial enterprise that is 160 compatible with the businesses in Lorneville Industrial Park will easily be applicable and transferable to 384 Lancaster Ave if the property is rezoned to "Business Park Industrial" from it's current "General Commercial" zoning. Industrial Laundry, Machine and Fabrications shop, sewage treatment, waste haulage, construction company etc without consultation 3. The presentation given by Hughes Surveys on Jan 10th on the scope and scale of Nuuvera's immediate and future operations 384 Lancaster Ave are at odds with his clients, I refer you to an CBC interview with Julia Wright on January, 17th, 2018 http://www.cbc.ca/news/canada/new-brunswick/cannabis-oil-saint-lohn- 1.4491724. We were advised by Hughes Survey's that the client as the market develops, Nuuvera would expand operations within the building to tinctures and creams etc. However, if you read the CBC interview the owner is very expansive and anything and everything marijuana seems to be on the table. The neighbours are concerned that Nuuvera may set up a Bakery for medical edibles such as cookies, brownies, gummy bears etc certainly with a "Business Park Industrial" this could be doable without any consultation to the neighbours If the property at 384 Lancaster remains with the same zoning "General Commercial" with a specific variance as to the intended operation, hopefully Hughes and the owner will add clarity to the proposed operation this would be desirable. At this point in time the rezoning of the 384 Lancaster Ave property to "Business Park Industrial" from "General Commercial" is ill conceived, ill advised and strenuously objected to Regards, Bill Dashwood Home: (506) 672-4165 Cell: (506) 651-4501 161 We object to the rezoning at 384 Lancaster Avenue. from Fred and Heather Toole to the proposed rezoning at 384 Lancaster Avenue. Sent from my iPad 162 Received Date February 28, 2018 Meeting Date March 12, 2018 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Requested Changes in Provincial Legislation for Candidates in the Upcoming Provincial Election Background: There is a provincial election on September 24 of this year. We have a signed agreement with the province regarding potential shortfalls in our budget due to minimizing of front line service impacts on the citizens. A key component of this agreement is the commitment of both sides to delivering an initial plan by January of 2019 that will help the City of Saint John recover from it's current structural deficit. We should be supplying the leaders of each provincial political party and all candidates that will be running in Saint John with background information on the legislative changes that the City is seeking to allow them to be able to discuss and debate local issues during the campaign. Indeed, if they are elected they will have very few months to work on this file before it's deadline of January, 2019. Motion: Direct the City Manager to deliver a briefing document to the leaders of each provincial political party and to all candidates running in the City of Saint John in the upcoming provincial election that will describe the legislative changes being requested by the City to help us achieve a sustainable solution to our structural deficit issues. Respectfully Submitted, (Received via email) Gary Sullivan Councillor at Large City of Saint John lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21-41-1 1 vwvw.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 163 P.R.O. Kids P.R.O. Kids Annual "Fun" Raising Dinner Advisory Committee Past Chair MATTHEW BEDARD P.R.O. Kids is hosting our annual `Fun' raising dinner again this year and Member we are looking for your support. P.R.O. Kids provides the opportunity Chair each year for hundreds of children in financial need to participate in EVAN DOUCET Quispamsis Representative sports and recreation programs all across Greater Saint John. Last year Vice Chair we supported over 2000 kids. JENNIFER BROWN Member All of the administrative costs of P.R.O. Kids are covered by the Secretary municipalities of Greater Saint John ensuring all proceeds of the Dinner NATALIE YOUNG Member will be used to directly support disadvantaged children. It costs P.R.O. DEVIN BURNHAM Kids an average of $200 to place a child in the sports or recreation Member activity of their choice and right now we have over 100 children on our LISA CAISSIE waitlist. Communications COUNCILLOR SEAN CASEY Our Dinner is always well attended by politicians of every level of Saint John Representative Government, numerous businesses, community leaders, and members of ANDRE DUMAS Member the general public. We anticipate 300 – 400 guests at our dinner. DR SARAH GANDER Member Location: Delta Brunswick Hotel Ballroom COUNCILLOR PETER LEWIS Date Proposed: Wednesday, May 23, 2018 Rothesay Representative Time: Reception at 6:00 p.m. CHRIS MURDOCK Dinner at 7:00 p.m. Member Tickets: $125.00 each MARYELLE HANNAM Member COURTNEY WARNELL Thank you for giving consideration to our request. We hope that you will Member partner with P.R.O. Kids to make a difference! COUNCILLOR RYAN SNODGRASS Grand Bay -Westfield Representative Sincerely, DAVID DOBBELSTEYN P.R.O. Kids Manager , a.T ,. Owl A� ___ �� JESSICA MCPHERSON P.R.O. Kids Support Coordinator Kathryn Davison David Dobbelsteyn Dinner Committee Chair Manager P.R.O. Kids P.R.O. Kids P.R.O. Kids - City of Saint John 171 Adelaide St. • P.O. Box 1971 • Saint John, NB • E2L 4L1 Phone: (506) 642-7529 • Fax: (506) 658-2902 PROKIDS@SAINTJOHN.CA • WWW.PROKIDSSJ.CA 164 P.R.0 KIDS ANNUAL DINNER Title Sponsor • • Silver Bronze SPONSORSHIP LEVELS $10,000 1 Available $5,000 $2,500 $1,500 Cash or Direct 8 Complimentary Dinner Tickets 8 8 8 Premium Seating Company Ad in Dinner Program Full -Page inside cover Full -Page Half -Page Quarter -Page Named in Program & Verbally at Event Logo Representation on City of Saint John Website & P.R.O. Kids Website Logo / Banner Displayed at Event On Stage Premier Placement Radio, Print, Social Print, Social Media & Select Print, Social Social Media & Pre -Event Marketing Recognition Media & Logo with Link Logo with Link on Media & Logo with Logo with Link on on Website Website Link on Website Website Arena Advertising Space in Arena of Your 1 Free Space and Free 50% Discounted 25% Discounted Choice Sign 1 Free Space Space Space Invitations to VIP Mayor's Reception 8 6 4 2 Logo Representation in post -event Thank You Ad Name displayed in the centerpiece of your table Logo on Dinner Ticket & Front of Program Opportunity for promotional item distribution to attendees — (Items subject to Approval of P.R.O. Kids) Opportunity to welcome guests or speak at event Exclusive recognition in the title of the event CORPORATE TABLE SPONSORSHIP AUCTION ITEM DONATION One table for eight (8) guests 0 Name in program Name in program 0 Name displayed on silent auction bid sheet Name displayed in the centerpiece or name announced by auctioneer for of your table items selected for live auction. Live auction items will be chosen by the auctioneer. Proudly Supported By UCWhereondC Community ondCompassion Unite 165 March 12, 2018 Deputy Mayor and Councillors Subject: Collective Agreement between the City of Saint John and the Saint John Fire Fighters' Association Local Union No.771 The Committee of the Whole, having met on March 12, 2018, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on March 12th, 2018 Common Council: 1. Ratify the agreement between the City of Saint John and the Saint John Fire Fighters' Association Local Union No. 771, and that; 2. After a final review by the City Solicitor as to legality and form, authorize the Mayor and Common Clerk to execute the proposed Working Agreement on behalf of the City of Saint John. Sincerely, Don Darling Mayor RO. l ax 971 `Maine John, NR C araub $A.491 I e ra�me.�aier��a�haa gra � Cl Of] Sairai- John, d nada ;-A 41.E 166 2015- 2019 COLLECTIVE AGREEMENT BETWEEN THE CITY OF SAINT JOHN, N. B. "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION LOCAL UNION NO. 771 167 Local 771 Contract TABLE OF CONTENTS Article # Page 1 Intent and Purpose 6 2 Recognition 6 3 Continuance of Operations 6 4 No Discrimination 6 5 Union Security 7 6 Union Rights 7 7 Management Rights 8 8 Departmental Rules 8 9 Labour Management Committee 8 10 Terms of Employment 9 11 Seniority 12 12 Hours of Work, Salaries and Overtime 13 13 Vacations and Statutory Holidays 17 14 Employee Benefits 21 15 Leave of Absence 27 16 Long Service Pay and Retirement Pay 32 17 Promotional Roster System — Operation's 33 Division 18 Promotional Roster System — Fire Prevention 38 and Investigation Division Article # Page 19 Promotional Roster System — Training 42 Division 20 Grievance Resolution Process — Internal 46 21 Grievance Resolution Process — Mediation 48 22 Uniforms and Equipment 50 23 Constant Manning 51 24 Safety 52 25 Technological Change 53 26 Term 54 Schedule "A" Salaries 56 Schedule "B-1" Hours of Work Operations 62 Schedule "B-2" Tour of Duty 63 Schedule "C-1" Hours of Work Training 64 Schedule "C-2" Hours of Work 65 Schedule "D" Military Service 66 Schedule "E" Clothing & Equipment 67 Schedule "F" Compassionate Leave 68 Letter of Agreement #1 Loss of Income Option 69 Letter of Agreement #2 Clothing and Equipment 71 Letter of Agreement #3 Duty to Accommodate 72 Letter of Agreement #4 Professional Development 75 Letter of Agreement #5 Constant Manning 76 [3] 169 Article # Page Letter of Agreement #6 Pilot Project - Sick Leave Plan 77 Letter of Agreement #7 Pilot Project: Reinvestment in Productivity 79 Letter of Agreement #8 Pilot Project - Wellness/Fitness 81 Letter of Agreement #9 Cease of Disability Pension 82 Letter of Agreement #10 Employer Change 84 Letter of Understanding #1 Holiday Relief Pension Plan Eligibility 85 [4] 170 THIS AGREEMENT made and entered into this _ day of MARCH, 2018. BY AND BETWEEN: THE CITY OF SAINT JOHN, a body corporate, in the County of Saint John, in the Province of New Brunswick, hereinafter referred to as the "EMPLOYER", of the first part, -AND- SAINT JOHN FIREFIGHTERS ASSOCIATION, I.A.F.F., LOCAL 771, A.F.L. - C.I.O. - C.L.C., hereinafter called the "UNION" of the second part. WITNESSETH that the parties hereto covenant and agree to the following: [5] 171 ARTICLE 1 INTENT AND PURPOSE 1.01 Whereas, it is the intent and purpose of the Parties to this Agreement to maintain harmonious relations and settle conditions of employment between the Employer, employees and the Union; to improve the quality and efficiency of service and to promote the well-being and increased productivity of the employees, accordingly, the parties hereto set forth the following terms and conditions relating to remuneration, settlement of disputes and differences, hours of work and related matters affecting employees covered by this Agreement. ARTICLE 2 RECOGNITION 2.01 The Employer, its agents and servants recognize the Union and its duly appointed or elected negotiating committee as the sole and exclusive bargaining agent for all employees of the City of Saint John Fire Department, as certified by the New Brunswick Industrial Relations Board, and further amended by Schedule "A" Salaries - Pay Table (attached) and forming part of this Agreement, save and except the Fire Chief, Deputy Fire Chief, Civilian Secretary to the Chief, Platoon Fire Chiefs, Divisional Chief and Administrative Officer. ARTICLE 3 CONTINUANCE OF OPERATIONS 3.01 There shall be no strikes, walkouts, lockouts nor any other form nor type of work cessation, as defined by the New Brunswick Industrial Relations Act during the term or expiry of this Agreement, because the Fire Department and its members are dedicated to the protection of lives and property in this community. ARTICLE 4 NO DISCRIMINATION 4.01 The Employer and the Union agrees that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any employee by reason of any ground prohibited by the New Brunswick Human Rights Act or by reason of membership or activity in the Union. [6] 172 ARTICLE 5 UNION SECURITY 5.01(a) Rand Formula All employees of the Saint John Fire Department covered by this Agreement must, as a condition of employment, pay the regular Union dues, including those serving their probationary period. 5.01(b) Check -Off The Employer agrees to regularly deduct the required amount of monthly Union dues and uniform assessments from the pay of each employee to whom this Agreement applies. Union dues and uniform assessments so deducted shall be remitted by the Employer to the Treasurer of the Union not later than the 15th of the month following. 5.02 The Employer agrees to acquaint new employees with the fact a Collective Agreement is in effect and advise new employees of a union representative. The Union will be informed each time a new employee is hired. 5.03 The Employer agrees to register the Sick Leave Plan with the Canadian Employment and Immigration Commission under the Employment Insurance Act. Any benefit derived from such registration, the employee's portion, shall be returned to the Union in trust on behalf of the employees. ARTICLE 6 UNION RIGHTS 6.01 The Employer recognizes the exclusive right of the Union to manage and conduct the affairs of the local and shall not infringe on those rights. [7] 173 ARTICLE 7 MANAGEMENT RIGHTS 7.01 The Union acknowledges that it is the exclusive right of the Employer to: hire, layoff, discharge, classify, assign, reclassify, transfer, promote, demote or discipline employees subject to the provisions of this Agreement. 7.02 The Union acknowledges the exclusive right of the Employer to operate and manage its business in all respects, and without restricting the generality of the foregoing, to maintain order and efficiency, to determine the number and location of work areas, the methods to be used in operations/schedules and to exercise control over machines, equipment, tools, parts and materials, including storage, maintenance, repair and replacement of same. The Union further acknowledges that all the rights, powers and authority of the Employer are retained by the Employer, except those specifically abridged or modified by this Agreement and any supplementary Agreements that may hereafter be made. The above functions will be exercised in a manner consistent with the terms of this Agreement. ARTICLE 8 DEPARTMENTAL RULES 8.01 If any clause in this Agreement shall be construed as being repugnant to the Saint John Fire Department Manual of Rules and Regulations and Discipline Code governing the Fire Department of the City of Saint John, said Rules and Regulations shall be amended at any time by Common Council. All additional changes or amendments being made to the Rules and Regulations shall be perused by the Union, who shall have the right to appear before Common Council, before being passed by Common Council. ARTICLE 9 LABOUR MANAGEMENT COMMITTEE 9.01 For the efficiency of service, it is agreed by the parties that a Labour Management Committee be established, consisting of four (4) representatives each from the Union and Management. The Committee shall meet at the request of either party at a location mutually agreed upon. [8] 174 ARTICLE 10 TERMS OF EMPLOYMENT 10.01 Permanent Employee A permanent employee shall mean an employee who has been appointed to fill a vacancy in the Establishment of the Fire Department. 10.02(a) Holiday Relief Firefighters Holiday Relief Firefighters are employed as additional personnel to the permanent Establishment of the Saint John Fire Department. Holiday Relief Firefighters are of two (2) levels: 1. Probationary Holiday Relief Firefighter: A probationary Holiday Relief Firefighter is a newly hired employee who satisfactorily completed basic assessment and orientation of the Saint John Fire Department. 2. Holiday Relief Firefighter: A Holiday Relief Firefighter is an employee who has successfully completed his/her one (1) year probation. Employees must not voluntarily forfeit any certifications, licences and designations which are job related. The Employer will pay the cost associated with the certifications which are job related. 10.02(b) Probationary Status - Holiday Relief Firefighters All newly hired employees will be on probationary status for a period of twelve (12) months of actual employment. The Employer shall evaluate the suitability of such Holiday Relief Firefighters for continued employment. Upon completion of the probationary period, seniority shall be effective from the date of hiring. [9] 175 10.03 Establishment & Personnel Action The Employer shall annually provide the Union with a copy of the current Establishment relating to the Fire Department and an annual statement for each permanent employee showing their position, rate of pay, vacation, holidays, leave, etc. The Employer shall also provide each Holiday Relief employee with an annual statement showing their employment status, rate of pay, vacation, holidays, leave, etc. Any other changes in position or employment status shall be defined, copies of which shall be supplied to the employee and the Union. 10.04 Vacancies in Permanent Establishment When a vacancy occurs within the permanent Establishment of the Saint John Fire Department, the Employer shall post the job opening accompanied by the job description for a period of ten (10) days. In filling these vacant positions, appointment shall be made of the Holiday Relief applicant having the required ability and qualifications who is senior in service. The new rate of pay for the successful applicant will take effect within fourteen (14) calendar days of the vacancy occurring. Opportunities to attain such qualifications will be available to all Holiday Relief Firefighters. 10.05(a) Job and Temporary Assignment Postings The Employer shall post all job openings and temporary assignments within the Fire Department, accompanied by Descriptions, for a period of ten (10) days. Such postings shall identify the required knowledge, skill, experience, and other essential requirements. In the case of temporary assignments, the term of the position will also be identified. Appointments in accordance with this Article shall be based on merit, skill, qualification, ability and seniority, where applicable. For promotions only, should an employee apply for and be denied a training course, the lack of this course shall not be a factor. [10] 176 However, once promoted the employee will be required to successfully complete this training at a time designated by the Fire Chief. Failure to successfully complete this training will result in the employee reverting to his former rank or position on the seniority list. A temporary assignment related to a medical condition shall constitute grounds for the exclusion of posting of the temporary assignment by mutual agreement between the Chief and the Union. 10.05(b) Training Associates Training Associates are intended to augment training within the Saint John Fire Department and are not to replace current training personnel or the role of the company officer with respect to providing in -station training. Training Associates will be selected from within the existing establishment of the department and will operate from within their regular shift as illustrated in Schedule "B- P. Training Associates will continue to be responsible for their regular assigned duties and will be paid an additional one hundred dollars ($100.00) monthly for the defined period during which the incumbents are fulfilling the duties and responsibilities as Training Associates. Training Associate subjects (implementation and maintenance of) will be identified through the Labour Management Committee and all Training Associate assignments will be posted for a period of not less than ten (10) days and will be based on merit, skill, qualification, ability and seniority, where applicable. 10.06 Temporary Assignments Any temporary assignment of an employee to duties other than those normally performed within the establishment of the Fire Department shall not exceed a twelve (12) month period, except as may be extended by mutual agreement between the Chief and the Union. The Union shall be notified prior to the posting of temporary assignments. 10.07(a) Personnel Reduction In the case of a personnel reduction, with the exception of 10.07(b), the employee with the least seniority shall be laid off first. Employees shall be recalled in the order of their seniority. For the purposes of this Article, time in the Fire Department shall constitute total seniority. No new employee shall be hired until all laid off employees have been given ample opportunity to return to work. 10.07(b) Annual Layoff — Holiday Relief Firefighters For the purpose of conducting the annual layoff, at the conclusion of the annual vacation period for each group, Holiday Relief Firefighters will be laid off from the respective group in which they have been assigned. 10.08 Meal Policy The meal policy as determined by the Chief shall be implemented and applied consistently throughout the department. 10.09 Attending Courses, Conferences and Professional Development Employees scheduled to attend courses and conferences, shall have their work schedules adjusted immediately prior to and/or following course, conference or professional development. All adjustments will be as per the agreed upon business practice for attending conferences, courses and professional development. ARTICLE 11 SENIORITY 11.01 Seniority Defined For employees who have completed the probationary period, seniority shall be effective from the employee's initial date of hire by the Fire Department. Service shall be broken by resignation, discharge or failure to return to work when recalled from layoff. In the case of former employees re-entering the service, after continuity of service with the City has been broken (Her Majesty's Armed Forces in time of war excepted, provided that to retain his/her seniority an employee must apply for reinstatement within [12] 178 six (6) months from his/her discharge from such service) shall be considered as new employees and seniority shall start as of the date that they re-entered the service of the Department. The parties agree that should an employee be accommodated in another bargaining unit due to a disability, they shall retain all of their seniority within the Fire Service. 11.02 Seniority List The Employer shall publish yearly a seniority list stating the employee's name, employee number, status and initial date of hire. In the event that two (2) or more employees commence service on the same day, seniority shall be determined by the Employer at the date of hire. 11.03 Removal from Roster Any member on a promotional roster, who is assigned by the Fire Chief or designate to act in place of an officer and refuses, will immediately lose their place on the roster and revert to their former position. ARTICLE 12 HOURS OF WORK, SALARIES AND OVERTIME 12.01(a) Permanent Employees Assigned To Day Shift - Prevention/Investigation The workweek schedule requires the flexibility to address service requirements. 12.01(a)(i) Regular Workweek Schedule Employees assigned to Fire Prevention and Investigation shall be scheduled on an annual basis to work as follows at the discretion of the Fire Chief or his designate: 1. The regular workweek shall be Monday to Friday with hours of work being scheduled between 8:30 am and 4:30 pm with one (1) hour unpaid for lunch. For this schedule, employees shall work thirty-five (35) hours per week. OR [13] 179 2. The workweek will be Monday to Friday with hours of work being scheduled between 7:30am and 7:30pm. Employees will be scheduled to work ten (10) hour shifts over four (4) consecutive days. An unpaid lunch break of one (1) hour shall be scheduled. A minimum of two (2) weeks' notice of a change in the employee's schedule will be provided, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 12.01(a)(ii) Flexible Workweek Schedule At the discretion of the Fire Chief or designate, an employee's regular workweek schedule may be changed to meet operational requirements. Up to thirty-five (35) hours (flex -time) of the scheduled hours, per employee, per calendar year may be assigned outside the employee's regular workweek schedule subject to the following: 1. A minimum of two (2) weeks' notice of a change in the employee's schedule will be provided to the employee, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 2. Employees will not be scheduled to work on both the Saturday and Sunday in any given weekend, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 3. The minimum hours to be scheduled outside the employee's regular workweek schedule is three (3) hours at any one time. 4. Scheduling of any flex -time owing to the employee, will occur within the calendar year, as mutually agreed upon between the employee and the Fire Chief or designate. In extenuating circumstances, such time may be rescheduled in the following year as determined by the Chief or his designate. 12.01(b) Permanent Employees Assigned To Training Division The workweek schedule requires the flexibility to address service requirements. [14] 180 12.01(b)(i) Regular Workweek Employees assigned to Training shall be scheduled to work in accordance with scheduling options detailed in Article 12.01(a)(i) or as detailed in Schedule "C", as determined, from time to time, by the Chief or his designate. A minimum of two (2) weeks' notice of a change in the employee's schedule will be provided, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. The regular work week schedule for the Captain of Training Division will be as set out in Article 12.01(a)(i). 12.01(b)(ii) Flexible Workweek At the discretion of the Fire Chief or designate, an employee's regular workweek schedules may be changed to meet operational requirements. Up to thirty-five (35) hours (flex time) of the scheduled hours, per employee, per calendar year may be assigned outside the employee's regular work week schedule subject to the following: 1. A minimum of two (2) weeks' notice of a change in the employee's schedule will be provided, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 2. Employees will not be scheduled to work on both Saturday and Sunday in any given weekend (except if assigned to Schedule "C") unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 3. Scheduling of any flex -time owing to the employee, will occur within the calendar year, as mutually agreed upon between the employee and the Fire Chief or designate. In extenuating circumstances, such time may be rescheduled in the following year as determined by the Chief. 12.01(b)(iii) On -Call Provision Effective January 1, 2006, Fire Prevention and Investigation personnel may be assigned to an on-call duty roster as determined by the Fire Chief. A member assigned to the on-call roster will be paid one hundred dollars ($100.00) prorated for each week (Friday - Friday inclusive) the member is on-call. 12.01(c) Permanent Employees Assigned To Operations 12.01(c)(i) Employees assigned to operations shall be scheduled to work forty- two (42) hours per week (averaged) as outlined in Schedule `B" and forming part of this Agreement. 12.01(c)(ii) Employees assigned to operations, excluding those employees assigned to work Schedule "C", shall be scheduled to work 2184 hours in a calendar year. 12.01(c)(iii) In the event an employee is rescheduled from one group to another, this shall not result in an employee being scheduled to work more than the 2184 regular hours required in a calendar year. 12.01(d) Holiday Relief Firefighters The hours of work for Holiday Relief Firefighters covered by this Agreement shall be as required by the Saint John Fire Department, as duly negotiated herein. Holiday Relief employees shall be compensated at the regular hourly rate for all hours worked. Weekly pay will be issued on the basis of a minimum of forty-two (42) hours per week averaged over an eight (8) week period. 12.02 Emergency recall Notwithstanding anything appearing in the above section, where an emergency occurs, the Chief or his designate(s) in charge, may recall to duty any personnel who are off-duty. Employees required to work such overtime, shall be paid the prevailing overtime rate as provided under Article 12.04 of this Agreement.-. [ 161 182 12.03 Salaries and Wages 12.03(a) Salaries - Permanent Employees See attached Schedule "A" Pay Table which shall form part of this Agreement. 12.04 Overtime 12.04(a) Employees Time and one-half (11/2) shall be paid for all time worked in excess of the scheduled hours of work as laid down in Article 12.01(a), (b), (c), and (d) of this Agreement. If detained for less than fifteen (15) minutes at the end of a working day, the minimum fraction of time for calculation purposes shall be one-quarter (1/4) hour. Otherwise the minimum fraction of time for calculation purposes shall be one- half (1/2) hour. Time off may be granted in lieu of overtime pay by mutual consent of the Chief and the employee. 12.04(b) Computing of Overtime Computing of overtime shall commence at the time registered for "call back" and shall cease at the time registered for "all out" with the exception of employees detained for further duty or released before the "all out" is sounded, in which case, the overtime shall cease when the Company Officer reports the returning employees back to the station. Minimum "call back" time shall be three (3) hours at time and one-half (11/2). ARTICLE 13 VACATIONS AND STATUTORY HOLIDAYS 13.01(a) Vacation Entitlement and Selection 13.01(a)(1) Permanent Employees Working Day Work All permanent employees working the regular workweek after one (1) year of continuous service shall annually receive two (2) weeks' vacation with pay, and after five (5) years' continuous service shall receive three (3) weeks' vacation with pay, and after thirteen (13) years' continuous service shall receive four (4) weeks' vacation with pay and after twenty-three (23) years' continuous service shall [17] 183 receive five (5) weeks' vacation with pay. Annual vacation shall be selected by week(s) in order of seniority. 13.01(a)(2) Vacation Entitlement for Those Permanent Employees Working The Shifts Outlined in Schedule "B" and Schedule "C" All permanent employees working the shifts outlined in Schedule "B" and Schedule "C" of this Agreement shall receive annually, after one (1) year of continuous service, two (2) shifts vacation with pay, and after two (2) years' continuous service, three (3) shifts vacation with pay, and after thirteen (13) years' continuous service, four (4) shifts vacation with pay and after twenty-three (23) years' continuous service, five (5) shifts vacation with pay. Annual vacation, for all permanent employees working the shifts outlined in Schedule `B", shall be selected as per Article 13.03. Except as provided in Article 13.01(e), vacation and statutory holiday selections must be taken by the employee as scheduled. 13.01(a)(3) Holiday Relief Employees Vacation entitlement for Holiday Relief employees will be in accordance with the Employment Standards Act. 13.01(b) Statutory Holidays 13.01(b)(1) Permanent Employees a. In lieu of twelve (12) statutory holidays (New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, New Brunswick Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day proclaimed by the Federal, Provincial or Municipal Governments as a holiday), personnel working shifts as outlined in Schedule `B" shall receive a shift (48 hours) off with pay. The balance of the original one hundred and forty-four (144) hours is to be paid for, or be given time off in lieu thereof at the discretion of the Chief. [18] 184 b. Should a statutory, proclaimed or designated holiday occur during a vacation period selected by personnel employed on day work as per Article 12.01(a) and (b) or Schedule "C", the person concerned shall be given this day immediately before or after, or the employee may choose another day. The day off must be mutually agreed and identified prior to the statutory holiday. c. Should a statutory, proclaimed or designated holiday occur during an employee's regular day off as outlined in Schedule "C", the employee shall be given the day off immediately before or after their regular scheduled day off or on a day mutually agreed. The day off must be identified prior to the statutory holiday. d. Should a statutory holiday coincide with a scheduled workday (as per Article 12.01(a) and (b) or Schedule "C"), the employee will be granted that day off with pay. 13.01(b)(2) Holiday Relief Employees There will be no entitlement for statutory holidays for Holiday Relief employees covered by this Collective Agreement. In lieu of such entitlement, Holiday Relief Firefighters shall receive four percent (4%) of their regular wages, that is, monies received at the regular hourly rate. 13.01(c) In the event the City officially proclaims a public holiday in addition to the statutory holidays, employees covered by this Agreement shall receive one (1) additional day off with pay in lieu of such proclaimed holiday. 13.01(d) If arrangement can be made without interference with proper operation of the Department and without additional cost, the Fire Chief or designate may permit a day employee to take one (1) week of vacation one (1) day at a time. 13.01(e) In the event an employee is hospitalized prior to their scheduled statutory holidays or scheduled vacation period, such time in hospital (and subsequent physician authorized recovery period) shall be considered as sick leave. Only in this instance can scheduled vacation or scheduled statutory holidays be deferred. [19] 185 13.02 The number of employees, Officers and Firefighters, on vacation at any one time shall be limited to a reasonable number at the discretion of the Chief so as not to curtail or interfere with the operation of the Department. 13.03 Annual vacation and statutory holidays shall be selected by shift in order of seniority within each group. Each permanent employee shall first select vacation and following the vacation selection shall select the designated statutory holidays as follows: Vacation — 1St Round An initial selection of two (2) shifts (either together or separately) until remaining employees have selected their initial selections and then; Vacation — 2nd Round Select the remainder of their vacation and then select statutory holidays following the vacation selection. 13.04(a) Vacation periods including those given in lieu of statutory, proclaimed and designated holidays, shall not commence before the first Sunday of January and shall continue until the last shift is completed in each group for that vacation year. 13.04(b) Once every five (5) years during a member's term of employment, in lieu of taking vacation earned in each year of a specified two-year period, he/she may take two (2) years' vacation entitlement in any one (1) year for the purpose of an extended vacation trip. The number of employees entitled to an extended vacation trip, in any one (1) year, as provided above, shall be at the discretion of the Chief. 13.05 Extended Vacation For Long -Service Employees All permanent employees of the Fire Department having completed their thirtieth (30th) year of continuous service qualify, ONCE ONLY, for an additional two (2) shifts vacation with pay. Such extended vacations must be taken prior to retirement of the employee. Allotment and timing of these vacation periods shall be [20] 186 at the discretion of the Fire Chief to prevent any disruption of services. An employee requesting such vacation in any year shall indicate the employee's proposed extended vacation dates at the time vacation periods are picked for the year. 13.06 Vacation Entitlement (Promoted Employees) In the instances where an employee has been promoted and is to be transferred to another group, the employee must elect one of the following options in order to accommodate their vacation entitlement and ensure that the Employer does not incur additional replacement costs. Such election must be submitted in writing to the Deputy Chief. 1. Move to the new group and select a vacant selection in their new group. 2. Move to the new group and have their vacation scheduled when it is deemed operationally feasible to do so by the Fire Chief or designate. The Chief or designate will advise the employee in advance of the move of the vacation selections available in the employee's new group. 3. Remain in their existing group and following their vacation selection be transferred to their new group. ARTICLE 14 EMPLOYEE BENEFITS 14.01(a) Group Life Insurance The Employer agrees to contribute seventy-five percent (75%) of the cost of the present Group Life Insurance plan for all employees covered by this Agreement. Upon retirement employees shall be provided five thousand dollars ($5,000) in life insurance coverage. Monthly premiums will be paid by the City of Saint John. 14.01(b) Survivor Benefit When an employee dies as a result of a work related injury or illness, for which compensation will be available from the Workers' Compensation Board, the surviving wife, husband or common law [21 ] 187 spouse will receive the salary of the deceased employee, including adjustments as they are implemented, reduced by the amount received from the Workers' Compensation Board, the Canada Pension Plan, the employee's pension fund and any other income source to which the Employer contributed in whole or in part. The maintenance of salary will continue as long as there is a dependent minor child or for five (5) years, whichever is longer. The maintenance of salary will end should the surviving spouse marry or enter into a common law relationship. In either case, payment ceases at the time when the deceased employee would have reached the age of retirement sixty-five (65). 14.02(a) Medical, Health and Dental Plans The Employer agrees to contribute seventy-five percent (75%) and the Employee agrees to contribute twenty-five percent (25%) of the cost of monthly premiums for medical, health and dental benefits. It is understood and agreed that such benefit shall extend to permanent employees and Holiday Relief employees. The parties recognize the need to continue to work together to control the cost of medical, health and dental plans by overseeing the plans and making mutually agreed changes that, from time to time, are deemed appropriate. The Employer agrees to assist the Union by implementing the administrative and/or design changes necessary to ensure the Employee and Employer contributions meet the full cost of the program. All employee benefit plans outlined herein shall be fully negotiable and not changed without mutual consent. The health and dental benefits shall continue to all retirees at the group rates. Premiums for these benefits are to be paid fully by all retirees and will be deducted from their pension cheque. The Employer shall provide ninety (90) days' notice in writing to the Union of any proposed change in employee contributions for the recovery associated with these plans. Prior to the expiry of the notice period, the parties agree to identify medical, health and dental plan options and to make changes to the plans and/or [22] 188 carrier(s). In the event that appropriate changes cannot be agreed upon, the Union agrees to implement necessary changes to limit total costs to available premium revenue within sixty (60) days of any notice of premium increase by the carrier(s), including benefit levels, or any other agreed changes as required to limit the total cost impact on current members of the plans. In the event that appropriate changes cannot be agreed upon or are not of sufficient nature to reduce costs to within current contribution levels, then the Employer shall adjust employee contributions as detailed in the written notice, adjusted where applicable by the projected cost reductions associated with any agreed upon plan changes. For clarification and continuity, it is understood that the plan design and benefits that exist on December 31, 2014, shall continue subject to the above. Participation in the plan is mandatory and is a condition of employment for all employees hired after January 1, 2009. Effective June 30th, 2009, current employees not participating in the full or a portion of the plan will no longer be eligible to participate in the plan now or in the future, except in the case of the death of the employee's spouse. Annually, the Employer shall provide each employee with a detailed employee benefit statement outlining all benefits and plans in the Collective Agreement. In the case of absence for illness, the Employer's contribution will be paid to the Group Life Insurance Plan, Pension Plan and the Health and Dental Plan where applicable. This Article shall only apply to those employees who qualify under this Article. In the case of an employee qualifying for a disability allowance under Heart and Lung Act or insured LTD benefit, the Employer's contribution will be paid to the Health and Dental Plan where applicable. The Employer contributions will continue until the time the employee reaches the age of 65. In the event the employee dies prior to the age of 65 and has a spouse covered by the plan, the Employer contributions will continue until the time the employee would have reached the age of 65. [23] 189 14.02(b) Long Term Disability Effective January 1, 2018 the Employer agrees to pay seventy-five percent (75%) and the Employee will pay twenty-five percent (25%) of the insured LTD plan premiums to a maximum of $30.00 a month. If rates increase above $3.23 per $100 of the insured benefit, the increase will be the responsibility of the Employer. 14.03(1) Sick Leave Defined Sick Leave means the period of time an employee is absent from work with full pay by virtue of being sick or disabled, or under examination or treatment of a physician, chiropractor, dentist or because of an accident for which compensation is not payable under the Workers' Compensation Act, but not including routine examinations by physicians, chiropractors, dentists or routine visits unless as a result of a previous illness. Sick Leave Plan shall be continued for the duration of this Agreement. 14.03(2) Sick Leave Plan Every employee on Schedule `B" shall accumulate sick leave benefits at the rate of eighteen (18) hours per month worked up to an accumulated total of 2280 hours. Every employee on Day Work shall accumulate sick leave benefits at the rate of ten and one-half (10.5) hours per month worked up to an accumulated total of 1330 hours. Every employee on Schedule "C" shall accumulate sick leave benefits at the rate of fifteen (15) hours per month worked up to an accumulated total of 1900 hours. Schedule "C-2" shall accumulate sick leave benefits at a rate of fifteen (15) hours per month worked. Up to accumulated total of 1900 hours. 14.03(3) Deduction From Sick Leave A deduction shall be made from accumulated sick leave of all normal working hours, exclusive of Holidays, absent for sick leave. Sick Leave shall be paid at the employee's regular rate of pay. Employees participating in a return to work will be considered to be working full time and will not have sick leave deducted and will continue to accumulate sick leave credits. [24] 190 14.03(4) Proof of Illness An employee may be required to produce a certificate from a medical practitioner designated by the City for any illness certifying that the employee was unable to carry out their duties due to illness or due to exposure to a contagious disease. Any medical certificate costs shall be paid by the City. 14.03(5) Medical Documentation Any request from the Employer for medical documentation from any employee covered by the provisions of this Collective Agreement, off-duty, as the result of sickness or injury, shall be made through the employee who shall provide the Employer with medical documentation from the attending physician relating to their current medical status. 14.03(6) Sick Leave & Vacation Leave In recognition of the principle that employees absent on extended sick leave do not continue to earn vacation leave during their period of absence on sick leave, employees on sick leave shall not be entitled to vacation benefits in the second or succeeding years of illness. Employees returning to active service from such extended sick leave shall have vacation benefits for that year pro -rated from the date of return to active service. Likewise, employees on sick leave for more than sixty-five (65) working days in any vacation year shall have their vacation entitlement reduced pro -rata. 14.03(7) Sick Leave Bank Credits Once per year between January 1 st to January 31 st , the Employer shall replenish the sick leave bank to 9600 hours. The bank is to be replenished with any of the hours which any of the employees has in excess of 2280 hours. No deduction shall be made from any employee who has less than 2280 hours of personal credit. [25] 191 14.03(8) Sick Leave Bank Allotments Application for an allotment from the Sick Leave Bank may be made by an employee, who, for example, through a prolonged illness, has exhausted his/her own sick leave credits. An employee who has not completed his/her probationary period shall not be eligible for an allotment from the Sick Leave Bank. In the event an employee becomes totally disabled, as signified by a medical certificate, he/she shall be referred to the City's LTD Insurance provider and not be eligible to draw from the Bank. Such employees may be granted sick leave from the Bank upon the approval of the Union Sick Leave Bank Committee and the Employer upon production of the appropriate medical certification. No allotment from the Sick Leave Bank shall be made until the employee has exhausted all his/her accumulated sick leave. Allotment of Sick Leave from the Bank shall be at a daily rate equal to the employee's daily rate while on his/her own accumulated sick leave. Under no circumstances shall there be any stacking of benefits. 14.03(9) Sick Leave Records As soon as possible after the close of each calendar year, the Employer shall advise the Sick Leave Bank Committee, in writing, of the amount of Sick Leave accrued to each employee's credit and to the Bank. 14.03(10) Union Sick Leave Bank Committee The Committee of Local 771 shall consist of two (2) Union members. Any dispute with respect to the operation of the Sick Leave Bank will be referred to a third party by mutual agreement. 14.03(11) Recurring Illness The same illness recurring in a twelve (12) month period shall be deemed to be a continuation of the previous illness for sick leave purposes. [26] 192 14.03(12) Medical Assessment Where an employee is on Workers' Compensation or Sick Leave Benefits for a period of three (3) months or more, the Chief may require the employee to appear before a Medical Board for medical assessment. The Board shall be constituted as follows: one (1) doctor appointed by the Employer, one (1) doctor appointed by the employee concerned or the Union, and a Chairman mutually agreed upon by the appointees. Where the two (2) appointees cannot agree, the submission shall be conducted under the provisions of the Arbitration Act. 14.03(13) In the event an employee is deemed by the Medical Board to be unable to perform the duties of their job, said employee shall make application for Long Term Disability (LTD) benefits to the City's LTD insurance provider. In the event that the LTD insurance provider denies benefits for said employee the employee shall continue under the provisions of the sick leave bank entitlement. 14.04 Pension Plan The employer will provide 14 days written notice to the association of all changes it intends to make to the terms of the City of Saint John Pension Plan as it was defined in the City of Saint John Pension Plan Act. During the 14 day period prior to application to the Superintendant of Pensions for approval, the City and the Association will enter into meaningful discussions with a view to attempting to resolve any differences between them. At the end of the 14 day notice period the City can make application to the Superintendant of Pension for approval of the intended changes. ARTICLE 15 LEAVE OF ABSENCE 15.01 Union Leave The President and not more than two (2) members of the Saint John Firefighters Association, Local Union No. 771, I.A.F.F. shall be granted leave of absence as may be necessary with pay for the purpose of conducting Union business with the Chief of the Fire Department, the City Manager, or Common Council, also Local Union Meetings. Any such request for time off shall be submitted [27] 193 to the office of the Fire Chief or Deputy Fire Chief by the President or Secretary of the Local Union. Any two (2) representatives shall, subject to ten (10) days' written notice to the Chief, be granted leave of absence up to sixty (60) working hours with pay to attend the International Association of Firefighters Canada Convention (meets every second year) and sixty (60) working hours with pay to attend the I.A.F.F. Convention. Also, be granted leave of absence with pay to attend the New Brunswick Federation of Labour Convention — the Atlantic Provinces Professional Firefighters Association Biennial Convention - and attend meetings with the Provincial Government on matters directly related to Local 771. All other leaves of absence shall be granted by supply of a relief or by loss of pay, subject to the approval of the Chief. 15.02 Compassionate Leave All employees of the Saint John Fire Department covered by this Agreement shall be granted a maximum of four (4) continuous working days as leave of absence with pay in the event of death of a parent, spouse, brother, sister, child, mother-in-law or father-in-law for the purpose of making funeral arrangements and/or attending the funeral, one (1) of which days shall be the day of the funeral. Two (2) continuous working days with pay shall be granted in the event of death of a grandfather, a grandmother, legal guardian, brother-in- law or sister-in-law. One (1) full day shall be granted with pay to attend a funeral as an active pallbearer. For clarification, refer to Schedule "F". Additional days may be granted by the Chief in special circumstances. 15.03 Matrimonial Leave All employees of the Saint John Fire Department covered by this Agreement shall be granted two (2) days off with pay for their wedding. Such days shall be taken within thirty (30) days of the event. In addition, each employee shall be entitled to one (1) day off, with pay, for the wedding of a son or daughter. Such day shall be taken on the day of the wedding. [28] 194 15.04 Disaster Leave A member whose residence is extensively damaged by fire, flood, or an act of God shall be granted one (1) day off with pay. This day must be a regular scheduled working day within a time frame of twenty-four (24) hours, in order to get paid. An additional two (2) days off with pay may be granted, when warranted, at the discretion of the Chief. 15.05 General Leave The Employer may grant leave of absence without pay and without loss of seniority to a maximum of twelve (12) months to any employee requesting such leave for educational purposes. The Employer may grant leave of absence without pay and without loss of seniority to a maximum of six (6) months to any employee requesting such leave for good and sufficient cause. Such requests shall be made in writing by the employee and submitted to the Fire Chief. Upon the recommendation of the Fire Chief, such request shall be submitted to the City Manager and subject to approval by the City Manager, such leave of absence shall be granted. 15.06 Birth or Adoption of Child One (1) day off with pay shall be granted for the birth or adoption of a child. Said day is to be taken on the day of the birth of the child or on the day that the child is to arrive home. 15.07 Jury Duty When an employee is on jury duty he/she shall receive full pay at the prevailing rates. Any monies received by the employee, from jury duty in lieu of weekly pay, shall be paid to the Commissioner of Finance. 15.08 Company Officers shall grant a leave of absence of up to two (2) hours if a replacement is provided at the employee's expense, provided the replacement is qualified in the opinion of the Officer. [29] 195 15.09 Maternity Leave Maternity leave shall cover a period of seventeen (17) weeks. An employee who resigns for maternity reasons shall be considered as having been on leave without pay if she is re-employed within six (6) months of the date of her resignation. The Parties to this Collective Agreement support the NFPA 1582, Standard on Medical Requirements for Firefighters, relating to reproduction hazards of firefighters. Firefighters who are pregnant will not be treated any differently from other medical conditions that may inhibit their abilities to perform their jobs. Any firefighter who becomes pregnant must be offered the opportunity at any time during the pregnancy to be voluntarily removed from firefighting duties and other duties involving the hazards or physical stress that might endanger the fetus and be reassigned to other duties without loss of pay or benefits. When firefighters can no longer be medically certified as being capable of performing firefighter duties, the firefighter should be reassigned to other duties. When the firefighter is no longer pregnant, the firefighter must be reinstated to the position held before being pregnant. Supplementary Unemployment Benefit Plan a) This plan is conditional upon the approval and continued approval of the Federal Government. b) An employee who provides proof that she has applied for and is eligible to receive Employment Insurance Benefits pursuant to the Employment Insurance Act, shall be eligible to be paid a maternity leave allowance in accordance with the Supplementary Unemployment Benefit Plan for a period not to exceed seventeen (17) continuous weeks inclusive of the two (2) week waiting period for Employment Insurance Benefit. c) In respect of the period of maternity leave payments made according to the Supplementary Unemployment Benefit Plan will consist of payments equal to the difference between the unemployment insurance benefits the employee is eligible to receive and ninety percent (90%) of her regular rate of pay at the [301 196 time during the period which may result in a decrease in unemployment insurance benefits to which the employee would have been eligible if no extra monies had been received during this period. d) Regular rate of pay shall mean the rate of pay the employee was receiving at the time maternity leave commences, but does not include, shift premium, overtime, or any other form of supplementary compensation. During the period of maternity leave, the Employer shall continue to pay its share of Pension, Health and Dental Plan, and Group Life Insurance. The employee also agrees to pay her share. When an employee decides to return to work after maternity leave, she shall provide the Employer with at least two (2) weeks' notice. On return from maternity leave, the employee shall return to their original placement on the seniority list and the rank or position to which their seniority and qualifications entitles them. 15.10 Parental Leave Parental leave shall be unpaid and cover a period of up to thirty- seven (37) weeks after the birth or adoption of a child under the age of nineteen (19). During the period of parental leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health and Dental Plan, and Group Life Insurance. The employee also agrees to pay his/her share. When an employee decided to return to work after parental leave, he/she shall provide the Employer with at least two (2) weeks' notice. On return from parental leave, the employee shall return to their original placement on the seniority list and the rank or position to which their seniority and qualifications entitles them. [31 ] 197 ARTICLE 16 LONG SERVICE PAY AND RETIREMENT PAY 16.01 In recognition of the principle that an employee's knowledge and experience increase with length of continuous service, upon an employee becoming permanent, the Employer agrees to pay long service pay to all employees in the Fire Department hired on or before June 1, 1997. Service pay shall be based on the rank held and be paid once a year, by the following formula: Commencement of 4th year and including 7th year = 1 % Commencement of 8th year and including 11th year = 1.5% Commencement of 12th year and including 15th year = 2% Commencement of 16th year and including 19th year = 2.5% Commencement of 20th year and including 23rd year = 3% Commencement of 24th year and beyond = 3.5% All employees in the Fire Department hired on or before June 1, 1997, will continue to receive service pay for the remainder of their careers with the Employer at the rates detailed above. Employees hired after June 1, 1997, will not be eligible for service pay, now or in the future. It is not the Employer's intention to pursue changes to this Article at any time in the future. Long service pay shall be paid in December of each year to employees who qualify and are on strength on December 31, and shall not be related to the number of days worked since the qualifying date. On retirement or severance, an employee shall be entitled to long service pay calculated from January 1 to the date of departure. In the case of death, long service pay shall be paid to the employee's dependants, beneficiary or estate. [32] 198 16.02 Retirement Pay The Employer agrees to pay each permanent employee going on retirement upon reaching the retirement age one (1) month's pay for every five (5) years' of continuous service or fraction thereof, to a maximum of six (6) months' pay. This shall be paid at the same rate as that paid for regular time in the employee's permanent classification for the employee's last working period. The benefit shall be paid in a lump sum upon retirement and shall not be subject to deductions for Group Life Insurance nor City Pension Plan. This benefit shall not apply when an employee resigns from the service nor is dismissed for cause. To qualify, the employee must have a minimum of five (5) years' continuous service with the Employer as of the date of retirement. In case of death of an employee on the active payroll with five (5) or more years' continuous service, payment shall be made to the employee's dependants, beneficiary or estate. An employee may opt out of future eligibility for retirement pay. The employee may request in writing a one -time -only payment in lieu of retirement pay. Such payment shall be in an amount as defined above, based on the date the request is made. To qualify the employee must have a minimum of five (5) years' continuous service. Upon such payment the employee waives all entitlement to further retirement pay. ARTICLE 17 PROMOTIONAL ROSTER SYSTEM — OPERATIONS DIVISION 17.01(a) There shall be maintained within the Fire Department Operations Division for bargaining unit positions, two (2) separate and distinct Promotional Rosters: Captain's and Lieutenant's. 17.01(b) As a minimum requirement, the Lieutenant's Roster shall have an equal number of names as there are officers. All other Rosters shall have an equal number of names as there are positions in each category. 17.01(c) In the event of a shortage of names on the appropriate Roster, the next senior member who has qualified shall act in their next rank. [33] 199 17.02 When a permanent vacancy occurs within the rank of Captain or Lieutenant, it shall be filled by the "Number One Person" from the appropriate Promotional Roster. 17.03 When a member is required to "act out of rank", he/she shall be chosen from the respective Fire Company, in order of seniority and if qualified, by being on the appropriate Roster. There shall be no additional compensation for "acting out of rank". 17.04 If an employee covered by this Agreement is required to temporarily perform the duties of a lower classification because of injury or sickness, he/she shall receive the salary of his/her permanent rank. 17.05 If an employee is called in on overtime to act in a senior rank, there shall be no additional acting pay. In calling personnel in for overtime, it is not the Employer's intention to use this provision as a means of reducing personnel costs. 17.06 The senior employee from the appropriate Roster shall be given preference when acting in place of an Officer where the acting assignment is anticipated to last greater than three (3) months. 17.07(a) Lieutenant's Promotional Roster Entry to the Lieutenant's Promotional Roster shall be by examination, which may be held at any time during the year as long as notice is posted for one (1) month in the stations on orders from the Chief. The number of applicants called for shall depend on the number of names required to maintain the Roster as specified in 17.01(b). Applications shall be accepted in order of seniority. If needed, the Roster process will commence on the first Monday in May. 17.07(b) Final lists showing those members who will be writing shall be posted in the Fire Stations six (6) weeks in advance of writing. The Training Division is to provide an instructor for those who are writing and for any assistance in their preparation. 17.07(c) In order to afford assistance to those applicants writing for Rosters, a one-half (1/2) day practical training and a one-half (1/2) day theoretical training shall be provided upon request. Such training [34] 200 shall be provided at a time determined by the Chief or his designate and shall not be considered time worked. 17.07(d) Senior employees making the pass mark of not less than sixty-five percent (65%), shall be placed on the Lieutenant's Roster by seniority. It shall be permissible for any member failing to make the necessary pass mark to apply and take the examination when required, providing the vacancy exists in the particular Roster. Upon being placed on the Roster, employees shall be paid at the rate of one hundred and five percent (105%) of the salary level for a First Class Firefighter as laid down in Schedule "A" of this Agreement. 17.07(e) When a senior employee writes the examination and fails, then rewrites when required and passes, he/she would be placed on the Promotional Roster according to his/her seniority. 17.07(f) When a senior person fails to apply to write the examination when required and applies at a later date and passes, he/she shall then take his/her position on the Roster in respect to his/her seniority in the group in which he/she was writing. 17.07(g) When a senior employee fails after two (2) consecutive examinations to make the required pass mark and rewrites at a future date and makes the required pass mark, he/she would then take his/her position on the Roster in respect to his/her seniority group in which he/she was writing. 17.07(h) Applicants shall be informed of the results upon completion of the examination by applying to the Chief, Deputy Chief or Divisional Chief. 17.08(a) Examination for Entry to Lieutenant's Promotional Roster Examinations shall be valued at one hundred (100) plus, with an overall passing mark of not less than sixty-five percent (65%). Candidates must also achieve a pass mark of sixty-five percent (65%) in each of the written and practical components of the examination. [35] 201 17.08(b) Examinations shall consist of: Written - 25 points Practical - 25 points Oral - 25 points Service Evaluation- 25 points One (1) point for each five (5) years' of service with the Fire Department. 17.08(c) Service evaluations shall be submitted as follows: Company Officer - up to 9 points Captain of Training - up to 4 points Platoon Chief - up to 4 points Deputy Chief - up to 4 points Fire Chief - up to 4 points 17.08(d) Examinations shall be marked by a Board of Evaluators consisting of two (2) senior Officers (Platoon Chief and above) appointed by the Chief, the Divisional Chief (advisory only), and two (2) representatives from Local 771. 17.09(1) Requalification An employee who enters the Lieutenant's Roster shall be required to requalify (one-time only) for the Roster after a period of five (5) years has passed since their last evaluation for that Roster. 17.09(2) The requalification process will require candidates to successfully complete one of the following options within six (6) weeks following their fifth anniversary of entry into the Roster: a. The written and practical components of the Roster as outlined in Article 17.08(a) and (b) or, b. Successful completion of the three (3) courses from the Certificate in Fire Service Leadership (CFSL) program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station. In the event that any of the specified courses becomes unavailable, the candidate must [361 202 complete an equivalent replacement course identified by the Fire Chief. 17.09(3) Time outside the employee's scheduled hours spent studying for the courses to requalify for the Lieutenant's Roster shall not be considered time worked. Subject to operational requirements, employees may undertake required course work while on duty. The Employer will pay the cost of tuition and course materials, one-time only, for each of the required courses. An employee may request an additional opportunity to repeat such training. However, this request must be presented to the Fire Chief and approval is at the discretion of the Fire Chief. 17.09(4) An employee who fails to requalify within six (6) weeks following their fifth anniversary of entry into the Lieutenant's Roster as per Article 17.09(2) will be removed from the Roster. The employee will be eligible to re-enter the Roster at the next call for applications for the Lieutenant's Roster. 17.09(5) An employee who fails to requalify for the Lieutenant's Roster and subsequently passes at a future date will take their place on the Roster, according to seniority, at the next call for applications for the Lieutenant's Roster. Employees who failed to requalify forfeit their right to any promotion that took place in the interim. 17.10(1) Captain's Promotional Roster The prerequisites for candidates seeking admission to the Captain's Promotional Roster are as follows: 1. Must hold the rank of Lieutenant and, 2. Candidates must have successfully completed three (3) courses from the Certificate in Fire Service Leadership (CFSL) program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station plus the following three (3) courses from the Certificate in Fire Service Administration (CFSA) program: Organizational Behaviour; Fire Service Law and Fire Suppression Management. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent replacement course identified by [37] 203 the Fire Chief. 17.10(2) Time outside the employee's scheduled hours spent studying for the prerequisites for the Captain's Roster shall not be considered time worked. Subject to operational requirements, employees may undertake required course work while on duty. The Employer will pay the cost of tuition and course materials, one-time only, for each of the required courses. An employee may request an additional opportunity to repeat such training. However, this request must be presented to the Fire Chief and approval is at the discretion of the Fire Chief. 17.10(3) Upon successful completion of the required prerequisites and subject to Article 17.01(b), the candidate will be placed on the Captain's Roster. Upon being placed on the Roster employees shall be paid at the rate of one hundred twelve and one-half percent (112.5%) of the salary level for a First Class Firefighter as laid down in Schedule "A" of this Agreement. ARTICLE 18 PROMOTIONAL ROSTER SYSTEM — FIRE PREVENTION AND INVESTIGATION DIVISION 18.01 So as to develop expertise, input, increased productivity, continuity and a career with a future, no employee assigned to the Fire Prevention and Investigation Division after completion of his/her 1 year period of service shall be transferred back to the Operations Division of the Fire Department except in extenuating circumstances. 18.02 Inspector of Fire Prevention and Investigation 18.02(1) In the event of a vacancy in this position, the Employer shall call for applications. 18.02(2) Applicants must have and agree to the following: a. Must have ten (10) years of permanent service with the Saint John Fire Department. b. The senior applicant shall be appointed to the position of [381 204 Inspector of Fire Prevention and Inspection Division. c. The appointed applicant to this position shall serve a one (1) year probationary period. If at any time during the probationary period the incumbent proves unsatisfactory with respect to the requisite performance standards for the position, he/she shall be reverted to his/her former position with the Fire Department without loss of seniority. d. At the end of his/her one (1) year probationary period, the employee shall be confirmed in the position or upon his/her request, he/she may revert to his/her former position with the Fire Department. e. If the Employer calls for and receives no applications, the Employer may appoint an employee to this position. 18.02(3) Personnel assigned to the Fire Prevention and Investigation Division shall be required to successfully complete the Professional Development Program detailed in this Section. Failure to complete the Professional Development Program within the specified timeframe shall result in the person being removed from the Division and reverting to their former position within the Fire Department if applicable. 18.02(4) While completing the Professional Development Program, personnel shall be designated as Fire Prevention Inspectors and shall be paid at the salary level of a First Class Firefighter as detailed in Schedule "A". 18.02(5) The Professional Development Program for Fire Prevention Officers shall include successful completion of the following courses or equivalent replacements as identified by the Fire Chief- a. hief a. Fire Service Instructor Level I. b. The following three (3) courses from the Certificate in Fire Service Leadership Program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station. c. Certified Fire Inspector Level II Program (NBOFM Standard). d. Fire Cause and Determination Level 11(NBOFM Standard). [391 205 e. W.E.T.T. Certification. f. Up to one (1) additional course as determined by the Chief. An employee may request an additional opportunity to repeat such training. However, this request must be presented to the Fire Chief and approval is at the discretion of the Fire Chief. 18.02(6) Upon completion of the Professional Development Program personnel shall be designated as Fire Prevention Officers and shall be paid at the salary level of one hundred ten percent (110%) of a First Class Firefighter as laid down in Schedule "A" of this Agreement. 18.03 Captain of Fire Prevention and Investigation Promotional Roster 18.03(1) Applications shall be called for from personnel who have completed the courses required and have qualified for the position of Fire Prevention Officer. 18.03(2) Applicants for the Captain of Fire Prevention and Investigation Promotional Roster must have and agree to the following requirements: a. Must be a present member of the Fire Prevention and Investigation Division for at least five (5) years and, b. Must have successfully completed three (3) courses from the Certificate in Fire Service Leadership (CFSL) program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; and Environment of the Fire Station. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent replacement course identified by the Chief. c. While on the Captain's Roster, the employee must successfully complete three (3) courses from the Certificate in Fire Service Administration (CFSA) which include: Organizational Behaviour, Fire Prevention Management and Fire Service Law. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent [40] 206 replacement course identified by the Chief. d. Must have successfully completed Advanced Training in Fire Cause and Determination. e. The employee is required to successfully complete the required courses to be eligible for confirmation to the position of Captain of Fire Prevention and Investigation. f. Subject to operational requirements, an employee enrolled in a required course will be granted up to four (4) hours per week, while on duty, to undertake their studies. The Employer will pay the cost of tuition and course materials, once only, for each of the required courses. g. Time outside the employee's scheduled hours spent studying for the courses required shall not be considered time worked. 18.03(3) Upon successful completion of the required prerequisites and subject to Article 18.03(2), the senior candidate will be placed on the Captain's Roster. Upon being placed on the Roster, the employee shall be paid at the rate of one hundred twelve and one- half percent (112.5%) of the salary level for a First Class Firefighter as laid down in Schedule "A" of this Agreement. 18.03(4) In the event of a permanent vacancy, the person on the Captain of Fire Prevention and Investigation Promotional Roster shall serve a one (1) year probationary period. If the applicant proves unsatisfactory to the Divisional Chief at the end of, or during the one (1) year trial period, said employee shall return to their original placement on the seniority list, and the rank or position to which their seniority and qualifications entitles them. 18.03(5) In the event no candidate is successful in attaining the promotional requirements, the Fire Chief shall fill the vacancy through any means appropriate. ARTICLE 19 PROMOTIONAL ROSTER SYSTEM —TRAINING DIVISION 19.01 Lieutenant of Training [41 ] 207 19.01(1) In the event of a vacancy in the position of Lieutenant of Training the following shall apply: The Employer shall call for applications from those holding the rank of Lieutenant or Qualified Lieutenant within Operations. The successful senior applicant must have and agree to the following: a. Must have successfully completed Fire Service Instructor 1. Should an employee apply for and be unable to obtain this course due to scheduling difficulties, the lack of this course shall not be a limiting factor. However, once promoted the employee will be required to successfully complete this training at a time designated by the Fire Chief. Failure to successfully complete this training will result in the employee reverting to his former rank or position on the seniority list. b. Must have successfully completed three (3) courses from the Certificate in Fire Service Leadership program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent replacement course identified by the Fire Chief. c. The appointed applicant to this position shall serve a one (1) year probationary period. If at any time during the probationary period the incumbent proves unsatisfactory with respect to the requisite performance standards for the position, he/she shall be reverted to his/her former position with the Fire Department without loss of seniority. At the end of his/her one (1) year probationary period, the employee shall be confirmed in the position or upon his/her request, he/she may revert to his/her former position with the Fire Department. 19.01(2) Personnel assigned to the Training Division shall be required to successfully complete the Professional Development Program detailed in this Section. Failure to complete the Professional Development Program within the specified timeframe shall result in the person being removed from the Division and reverting to their former position within the Fire Department if applicable. [42] 208 19.01(3) While completing the Professional Development Program, the person shall be designated as Lieutenant of Training and shall be paid at the salary level of a Lieutenant as detailed in Schedule "A". 19.01(4) The Professional Development Program for personnel assigned to the Training Division shall consist of completion of the following courses or equivalent replacement courses as identified by the Fire Chief. a. Fire Service Instructor I and II. b. Three (3) courses from the Certificate in Fire Service Leadership program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station. c. Three (3) courses from the Certificate in Fire Service Administration (CFSA) program: Organizational Behaviour, Fire Service Law and Fire Suppression Management. d. Up to two (2) additional courses or certifications as determined by the Fire Chief. 19.01(5) Upon completion of the Professional Development Program, personnel shall be designated as Training Officer and shall be paid at the salary level of one hundred twelve and one-half percent (112.5%) of a First Class Firefighter as laid down in Schedule "A" of this Agreement. 19.01(6) Should a person in the Training Division choose to return to Fire Department Operations, the Employer will facilitate this transition within a period of up to twelve (12) months. However, during this transition, additional requests from other Training Officers to return to Operations will not be considered until the previous request has been complied with. Should two (2) or more requests be made during the same week, preference will be given to the senior employee. Said employee, shall return to their original placement on the seniority list, and the rank or position to which their seniority and qualifications entitles them. 19.01(7) In the event the Employer receives no applications for the position of Lieutenant Training, the Fire Chief shall fill the existing vacancy by any means appropriate. [43] 209 19.02 Captain of Training In the event of a permanent vacancy in the position of Captain of Training, the following shall apply: 19.02(1) The Employer shall call for applications for the position. 19.02(2) Prior to taking the Promotional Examination, applicants must have and agree to each of the following: a. Must hold the rank of Lieutenant or above (Operations or Training) within the Saint John Fire Department and must have successfully completed Fire Service Instructor I (or equivalent course), as identified by the Fire Chief. b. While in the position, the applicant must complete the Fire Service Instructor II course at the earliest practical opportunity. c. Must have successfully completed three (3) courses from the Certificate in Fire Service Leadership (CFSL) program (Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station) plus the following three (3) courses from the Certificate in Fire Service Administration (CFSA) program: Organizational Behaviour, Fire Service Law and Fire Suppression Management. In the event that any of the specified courses becomes unavailable, the applicant must complete an equivalent replacement course identified by the Fire Chief. d. Up to two (2) additional courses or certifications as determined by the Fire Chief. e. Time outside the applicant's scheduled hours spent studying or attending training sessions associated with attaining the required courses for the Captain of Training shall not be considered time worked. f. Subject to operational requirements, an employee enrolled in a required course will be granted up to four (4) hours per week while on duty, to undertake their studies. The Employer will pay the cost of tuition and course materials, once only, for the [44] 210 required courses. An employee may request an additional opportunity to repeat such training. However, this request must be presented to the Fire Chief and approval is at the discretion of the Fire Chief. g. Captain of Training —Examination Process • Oral presentation to evaluation board and a pass of sixty- five percent (65%) must be attained • Written Exam — a pass of sixty-five percent (65%) must be attained • Written Report — a pass for this component is not defined but the average of the three (3) components must equal sixty-five percent (65%) h. Examination Process shall be marked by a board of evaluators consisting of two (2) senior officers (Platoon Chief and above) appointed by the Chief, Divisional Chief (advisory only), and two (2) representatives from Local Union No. 771. 19.02(3) The senior qualified applicant shall be appointed to the position of Captain of Training on a one (1) year probationary basis. 19.02(4) If the applicant proves satisfactory to the Divisional Chief at the end of the one (1) year probationary period, the applicant shall be confirmed in the position. 19.02(5) If the applicant proves unsatisfactory to the Divisional Chief at the end of, or during the one (1) year probationary period, said employee shall return to their original placement on the seniority list, and the rank or position to which their seniority and qualifications entitles them. 19.02(6) Should a person in the Training Division choose to return to Fire Department Operations, the Employer will facilitate this transition within a period of up to twelve (12) months. However, during this transition, additional requests from other Training Officers to return to operations will not be considered until the previous request has been complied with. Should two or more requests be made during the same week, preference will be given to the senior employee. Said employee, shall return to their original placement on the seniority list, and the rank or position to which their seniority and [45] 211 qualifications entitles them. 19.02(7) In the event the Employer receives no applications for the position of Captain of Training, the Fire Chief shall fill the existing vacancy by any means appropriate. ARTICLE 20 GRIEVANCE RESOLUTION PROCESS — INTERNAL 20.01 The Grievance is defined as an alleged violation of the Collective Agreement or a case where either party has acted unjustly or improperly in the administration of the Collective Agreement or the Rules and Regulations of the Department. 20.02 The Union shall appoint a Grievance Committee and shall forward the names of the members of the said Committee to the Employer on or before the fifth day of January each year. 20.03 The party filing the grievance shall stipulate the Article or Articles of the Agreement which he/she alleges have been violated and the grievance shall be processed on the basis of such allegation and not otherwise. 20.04 In processing a grievance, the following procedure shall be in effect: STEP 1 All grievances shall be made in writing to the Union Grievance Committee by the employee or employees concerned within seven (7) days of becoming aware of the matter which is the cause of the grievance. The Union may submit this grievance to the Chief of the Fire Department in writing within ten (10) days of receiving said grievance. The Chief shall hand down a decision in writing within seven (7) days after receipt of the grievance. STEP 2 If the decision handed down by the Chief is not acceptable to the Union, the Union may then submit said grievance to the City Manager within ten (10) days for decision. The City Manager shall hand down a decision in writing within ten (10) days after receipt of the grievance. 20.05 In all cases stated above, Saturdays, Sundays and holidays are not counted in determining time limits. Time limits mentioned above [46] 212 can be extended by mutual consent of the parties. 20.06 Where a grievance has not been resolved to the satisfaction of either party to the grievance through the internal grievance resolution process, either party may refer the matter to a Board of Arbitration. 20.07 The following steps shall be followed in the Arbitration process: STEP 1 Within a period of fifteen (15) days from the date of decision of the City Manager, either party may by written request to the other party require the matter to be referred to a Board of Arbitration. Such Board shall be composed of one (1) person appointed by the Employer, one (1) person appointed by the Union and a third person to act as a Chairman chosen by the other two (2) members of the Board. Each member is to be appointed within ten (10) days following receipt of such written request for arbitration and the members so appointed shall select within five (5) days after their appointment, a third member who shall be Chairman. STEP 2 If either party shall refuse or neglect to appoint a member as aforesaid to a Board of Arbitration, the Minister of Post -Secondary Education, Training and Labour of the Province of New Brunswick may be requested by the other party to name a member. In the event that the two (2) members appointed are unable to agree upon the selection of a Chairman, the said Minister of Post -Secondary Education, Training and Labour may be requested by either party to name a Chairman of the Board. STEP 3 Hearings of the Board shall commence within fifteen (15) days after the appointment of a Chairman, and shall continue in such manner that the arbitrators shall make their award in writing not later than one (1) month after the entering upon the reference. The decision of the majority of the Board shall be final and binding upon the parties to this Agreement. STEP 4 The expense and remuneration of the Chairman and secretarial services shall be borne in equal shares by the City and the Union. [47] 213 The expenses and remuneration of the other two (2) members of the Board shall be borne by the parties by whom they were selected or for whom they were appointed by the said Minister of Post - Secondary Education, Training and Labour. STEP 5 It shall be the duty of the Board of Arbitration to hear all parties concerned and to determine the matters referred to it. Upon determination of the matter, the Board of Arbitration shall make any order which will provide for final settlement of the matter and make any order that will restore the aggrieved party, whether it be the Union or the City, to its rightful, just and equitable position. 20.08 Every party to and every party bound by the Agreement and every person on whose behalf the Agreement was entered into shall comply with the final settlement and give effect thereto. 20.09 In the case of any employee whom the Board of Arbitration has found to have been unjustly discriminated against, suspended, demoted or discharged, he/she shall be reinstated and reimbursed for all wages and salary involved and shall have all rights and benefits restored by the Employer. ARTICLE 21 GRIEVANCE RESOLUTION PROCESS — MEDIATION 21.01 Where a grievance has not been resolved to the satisfaction of either party to the grievance through the internal grievance resolution process, they will notify the other party of their desire to proceed to interest -based grievance mediation. Grievance mediation is a voluntary process which can be an effective alternative to grievance arbitration for management and labour to solve problems. The parties, through the assistance of a mediator, shall attempt to resolve the grievance through negotiation, therefore, allowing the parties to control and shape the settlement. Grievance mediation does not interfere with the rights of the parties to the arbitration process. [48] 214 21.02 The grievance mediation process shall be confidential, voluntary, informal and conducted by mediators trained in the principles of interest -based negotiation/problem-solving. The appointment of the mediator shall be made by the designated representatives of the parties, except when requesting the services of a mediator from the Department of Post -Secondary Education, Training and Labour. 21.03 Where the parties are interested in using the mediation process, the parties agree to the following: a. Either party may suggest to the other that a grievance filed under the Collective Agreement be referred to mediation. The party to whom the suggestion is made is free to accept or reject the suggestion. The parties will use an Agreement to Mediate to suggest grievance mediation. b. Grievances will only be referred to mediation if both parties agree. c. The person or persons (office or offices) with authority to refer a grievance to mediation will be designated by the parties. d. The representatives attending mediation sessions will have the authority to settle the grievance. Representative from each party will take training in the process and procedure of grievance mediation before they participate in the grievance mediation process. e. When both parties agree to mediate a grievance, the Agreement to Mediate will be completed. f. The mediator will be chosen from a list of suitable individuals agreed to by the parties on a rotating basis or will be appointed by the Department of Post -Secondary Education, Training and Labour. A Mediator Appointment Agreement, which outlines certain stipulations about which the mediator and the parties need to be aware, will be entered into. g. There shall be no loss of wages and benefits for participation in the grievance mediation process. [49] 215 h. If an Agreement to Mediate is signed by both parties, the period of time from the date it is signed by the parties until either (1) one party revokes, in writing, the reference to mediate, or (2) the mediation ends (whether successfully or not), is to be excluded from the time limits set out under the steps of the internal grievance resolution process. i. A mediation ends in accordance with the provisions specified in the Mediator Appointment Agreement. j. If the mediation resolves the grievance, the Mediator will provide the parties with a report outlining the settlement. If the mediation does not resolve a grievance, either party is free to start proceedings or to continue proceedings to resolve the grievance. k. The time limits set forth may be extended by mutual consent of the parties. ARTICLE 22 UNIFORMS AND EQUIPMENT 22.01 Permanent Employees Clothing will be supplied to permanent employees in the manner set out in the attached Schedule "E" which shall form part of this Agreement. Clothing when required is to be issued not later than June 1 St of each year if possible. Any of the mentioned clothing destroyed in the line of duty shall be replaced as soon as possible. Any article of clothing or equipment which is damaged, lost or destroyed by abuse or neglect by members of the Department will be replaced at the member's expense. In so far as is practical, any employee requiring replacement of personal equipment for firefighting duties shall have sizing and replacement completed while on duty. [50] 216 22.02 Holiday Relief Employees All Holiday Relief employees covered by this Agreement shall receive annually two (2) work shirts and two (2) work pants. This clothing issue shall be provided by June 1 st of each year if possible. A pair of work boots, tie, summer/winter jackets and uniform cap will be issued as required. The work issue shall be ordered within thirty (30) days after the initial date of hire. After a one (1) year probationary period, Holiday Relief personnel shall receive a Dress Uniform. Replacement of the Dress Uniform will be based upon need and be linked to the large departmental purchase. Dress uniform for Holiday Relief personnel shall be ordered within thirty (30) days after completing probationary period. ARTICLE 23 CONSTANT MANNING 23.01 As long as sufficient funds are provided by the Employer, all existing companies shall be maintained at full strength as herein set forth: Quint Company Ladder Company Engine Company Tanker Unit Rescue [51 ] 217 1 Officer, 3 Firefighters 1 Officer, 3 Firefighters 1 Officer, 3 Firefighters 1 Firefighter 1 Officer, 3 ARTICLE 24 SAFETY 24.01 Composition The Saint John Civic Employees' Safety Committee shall continue in operation with members appointed from the Employer and the Union. Both parties, in making their appointments, shall be motivated by the need of selecting people who are most capable of promoting safety on the job. Each City Union shall appoint one (1) member of the Safety Committee. The Employer shall appoint one (1) member from each major Civic Department as its representatives to a maximum of four (4). The Occupational Safety Officer will be an Ex -officio member. 24.02 Meetings Two (2) members, one (1) representing a Union and one (1) representing the Employer, shall act as Co -Chairman at all Safety Committee Meetings. The Safety Committee shall hold regular meetings and all unsafe or dangerous conditions shall be taken up and dealt with at such meetings. 24.03 Minutes Minutes of safety meetings shall be kept and copies of such minutes sent to the City Manager and the Union. 24.04 The New Brunswick Occupational Health and Safety Act and Regulations shall be binding upon the parties at all times. 24.05 The parties recognize that the Occupational Safety Officer is responsible for the enforcement of the New Brunswick Occupational Health and Safety Act and Regulations. [52] 218 ARTICLE 25 TECHNOLOGICAL CHANGE 25.01 Technological Change Defined Technological change means: a. the introduction of equipment or material of a different nature and kind from that previously utilized by the Employer; and b. a change in the Employer's method of operation that is directly related to the introduction of said equipment or material. 25.02 Advance Notice Prior to introducing technological change, the Employer agrees to notify the Union of its intentions at least ninety (90) calendar days in advance of implementation. 25.03 Contents of Notice The notice shall be conveyed in writing and shall contain appropriate information including: a. the nature of the change; b. the date on which the Employer proposes to effect the change; c. the approximate number, type and location of employees likely to be affected by the change; and d. the effects the change may be expected to have on employees' working conditions and terms of employment. 25.04 Consultation During the ninety (90) day notification period contained in Article 25.02, the Employer and the Union shall meet in an attempt to minimize any adverse effects the technological change may be expected to have on employees' working conditions and/or terms of employment. [53] 219 ARTICLE 26 TERM 26.01 The Agreement shall take effect and be binding on the parties hereto for the period from January 1, 2015, to December 31, 2019, inclusive and shall remain in force for successive periods of twelve (12) months thereafter, unless either party requests negotiation of a new or replacement Agreement by giving written notice to the other party not less than sixty (60) days and not more than ninety (90) days prior to the expiration date of this Agreement of any renewal thereof. Such notice(s) shall specify any addition, deletion or alteration desired. 26.02 In consideration of the party of the Second Part surrendering the right to strike under any circumstances, it is agreed that should the parties fail to reach agreement and become dead -locked in negotiation of a new Collective Agreement or schedule of wages, outstanding items shall be referred for settlement to a Board of Arbitration constituted as provided for in Article 20 of this Agreement. Decision of the Board of Arbitration shall be binding upon both parties to this Agreement. 26.03 This Agreement supersedes the Agreement dated the 13th day of February, 2013, and no benefits nor conditions that existed under that Agreement are continued into this present Agreement dated the day of March, 2018, except as expressly stated. [54] 220 IN WITNESS WHEREOF the parties have caused their respective Corporate Seals to be hereunto affixed, attested by the hands of their proper Officers in that behalf, the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: THE CITY OF SAINT JOHN Witness Mayor Common Clerk LOCAL 771 SAINT JOHN FIREFIGHTERS ASSOC. Witness [55] 221 President Recording Secretary SCHEDULE "A" The common denominator for compilation of all rates of pay for various ranks in the bargaining unit is the 0 Class Firefighter at one hundred percent (100%). Other ranks are graduated either lower or higher on a marked percentage basis according to service in lower ranks and according to position of authority, jurisdiction, responsibility, nature and scope of duties in higher ranks. Annual salary for employees shall be as stated in above. Weekly pay shall be determined by dividing the annual salary by fifty-two (52). Overtime calculations are as per Article 12.04(a) Operations Personnel. The regular (time) hourly rate of pay shall be calculated by dividing the annual salary by 2184 hours for operational personnel or by appropriate annual hours (1820 or 2080) for Training and Fire Prevention personnel based on individual's designated work schedule. All salaries shall be paid weekly and deposited on Thursday of each week, not later than 8:00 a.m., into a bank account designated in advance by the employee. On each pay day, each employee shall be provided with an itemized statement of his wages, overtime, and other supplementary pay and deductions. FIREFIGHTER PROGRESSION TABLE Firefighter 1St Class after three (3) years Firefighter 2n Class after two (2) year Firefighter 3r Class after one (1) year Firefighter 4t Class Note: All time worked after five (5) years as a Holiday Relief Firefighter including the probationary period will be applied to the above progression [56] 222 SCHEDULE "A" REFERRED TO IN THE FOREGOING AGREEMENT BEARING THE DAY OF MARCH, 2018 A.D. AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, N.B., "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, CLC), "THE UNION" 2.97% Wage Increase Effective January 1, 2015 RANK EFFECTIVE % DIFFERENTIAL 01 -Jan -15 BETWEEN RANKS Captain 94402 115.00% Qualified Captain 92,350 112.50% Lieutenant 90,298 110.00% Qualified Lieutenant 865193 105.00% Firefighter 1St Class 8209 100.00% Firefighter 2 Id Class 77,984 95.00% Firefighter 3r Class 735880 90.00% Firefighter 4th Class 695775 85.00% HOLIDAY RELIEF Commencing 8t Year of Service 65,671 80% Commencing 7t Year of Service 61,567 75% Commencing 6t Year of Service 615567 75% Commencing 5t Year of Service 57,462 70% Commencing 4t Year of Service 57462 70% Commencing 3r Year of Service 53,358 65% Commencing 2n year of service 49,253 60% Probationary Holiday Relief FF 45,149 55% [57] 223 SCHEDULE "A" 2.97% Wage Increase Effective January 1, 2016 RANK EFFECTIVE 01 -Jan -16 DIFFERENTIAL BETWEEN RANKS Captain 979206 115.00% Qualified Captain 95,093 112.50% Lieutenant 92,979 110.00% Qualified Lieutenant 885753 105.00% Firefighter 1St Class 84,527 100.00% Firefighter 2nd Class 80,300 95.00% Firefighter 3r Class 76,074 90.00% Firefighter 4th Class 71,848 85.00% HOLIDAY RELIEF Commencing 8th Year of Service 67,621 80% Commencing 7t Year of Service 63,395 75% Commencing 6t Year of Service 63,395 75% Commencing 5t Year of Service 59,169 70% Commencing 4th Year of Service 59,169 70% Commencing 3rd Year of Service 54,942 65% Commencing 2" year of service 50,716 60% Probationary Holiday Relief FF 46,490 55% [581 224 SCHEDULE "A" 2.97% Wage Increase Effective January 1, 2017 RANK EFFECTIVE O1 -Jan -17 DIFFERENTIAL BETWEEN RANKS Captain 100,093 115.00% Qualified Captain 97,917 112.50% Lieutenant 95,741 110.00% Qualified Lieutenant 91,389 105.00% Firefighter 1st Class 87,037 100.00% Firefighter 2nd Class 82,685 95.00% Firefighter 3r Class 785333 90.00% Firefighter 4t Class 73,982 85.00% HOLIDAY RELIEF Commencing 8t Year of Service 695630 80% Commencing 7t Year of Service 65,278 75% Commencing 6t Year of Service 65,278 75% Commencing 5t Year of Service 60,926 70% Commencing 4t Year of Service 60,926 70% Commencing 3r Year of Service 56,574 65% Commencing 2" year of service 529222 60% Probationary Holiday Relief FF 47,870 55% [591 225 SCHEDULE "A" 2.97% Wage Increase Effective January 1, 2018 [60] 226 EFFECTIVE % DIFFERENTIAL RANK 01 -Jan -18 BETWEEN RANKS Captain 103,066 115.00% Qualified Captain 100,825 112.50% Lieutenant 98,584 110.00% Qualified Lieutenant 94,103 105.00% Firefighter 1st Class 89,622 100.00% Firefighter 2"d Class 85,141 95.00% Firefighter 3rd Class 80,660 90.00% Firefighter 4 th Class 76,179 85.00% HOLIDAY RELIEF Commencing 81h Year of Service 71,698 80% Commencing 7th Year of Service 67,217 75% Commencing 6th Year of 67,217 75% Service Commencing 5th Year of Service 62,736 70% Commencing 4th Year of Service 62,736 70% Commencing 3rd Year of Service 58,254 65% Commencing 2nd year of service 53,773 60% Probationary Holiday Relief FF 49,292 55% [60] 226 SCHEDULE "A" 2.96% Wage Increase Effective January 1, 2019 RANK EFFECTIVE O1 -Jan -19 DIFFERENTIAL BETWEEN RANKS Captain 106,116 115.00% Qualified Captain 10309 112.50% Lieutenant 101,503 110.00% Qualified Lieutenant 9609 105.00% Firefighter 1St Class 92,275 100.00% Firefighter 2° Class 87,661 95.00% Firefighter 3r Class 83,048 90.00% Firefighter 4th Class 78,434 85.00% HOLIDAY RELIEF Commencing 8th Year of Service 73,820 80% Commencing 7th Year of Service 69,206 75% Commencing 6th Year of Service 69,206 75% Commencing 5th Year of Service 64,593 70% Commencing 4th Year of Service 64,593 70% Commencing 3rd Year of Service 59,979 65% Commencing 2nd year of service 55,365 60% Probationary Holiday Relief FF 50,751 55% [61 ] 227 THIS SCHEDULE "B-1" REFERRED TO IN THE FOREGOING AGREEMENT BEARING DATE THE OF MARCH, 2018., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, CLC) "THE UNION" HOURS OF WORK Sunday Monday Tuesday Wednesday Thursday Friday Saturday Day Day Ni ht Night Off Off Off 48 Off Day Da Night Night Off Off 48 Off Off Day Day Night Night Off 48 Off Off Off Day Day Night Night 48 Off Off Off Off Day Day Night 34 Night Off Off Off Off Day Day 34 Night Night Off Off Off Off Day 38 Day Night Night Off Off Off Off 38 A shift constitutes a 4 -day work cycle comprised of two (2) days and two (2) nights. Each group completes one (1) week, then drops to the line below and continues in like manner until bottom line is completed then returns to top line and repeats cycle. Day shift 0800 hrs. — 1800 hrs. Night Shift 1800 hrs. — 0800 hrs. [62] 228 SCHEDULE "B-2" m®®®0 mmmmm ©©mm0 ©©mm0 ©mm©© ©mm0© ©m0©m ©m0©m ©0©mm ©0©mm ©©mm0 ©©mm0 ©mm0© ©mm0© ©m0©m ©m0©m ©0©mm ©0©mm ©©mm0 ©©mm0 ©mm0© ©mm0© ©m0©m ©mo©m ©o©mm ©o©mm ©©mmo ©©mmo ©mmo© ©mmo© ©mo©m ©mo©i ©o©mm ©o©mm ©©mmo ©©mmo ©mm®© ©mme© ©mo©i ©mo©m ©o©mm ©o©mm ©©mmo ©©mmo ©mm©© ©mme© ©mo©m ©mo©m ©o©mm ©o©mm ©©mmo ©©mmo ©mmo© ©mmo© ©mo©m ©mo©m ©o©mm ©o©mm [63] 229 THIS IS SCHEDULE "C-1" REFERRED TO IN THE FOREGOING AGREEMENT BEARING DATE OF OF MARCH, 2018, A.D., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, CLC) "THE UNION" HOURS OF WORK Sunday Monday Tuesday Wednesday Thursday Friday Saturday Day Day Day Day Off Off Off 40 Off Day Day Day Day Off Off 40 Off Off Day Day Day Day Off 40 Off Off Off Day Day Day Day 40 Off Off Off Off Day Day Day 30 Day Off Off Off Off Day Day 30 Day Day Off Off Off Off Day 30 Day Day Day Off Off Off Off 30 • A shift constitutes a 4 -day work cycle comprised of four (4) consecutive days. • Each employee completes one (1) week, then drops to the line below and continues in like manner until bottom line is completed then returns to top line and repeats cycle. • The hours of work shall be scheduled between 0730 hrs. and 1930 hrs. • The day shift scheduled shall be eleven (11) hours including one (1) unpaid hour for lunch at mid -shift. [64] 230 THIS IS SCHEDULE "C-2" REFERRED TO IN THE FOREGOING AGREEMENT BEARING DATE OF OF MARCH, 2018., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, CLC) "THE UNION" HOURS OF WORK Shift Sunday Monday Tuesday Wednesday Thursday Friday Saturday Hr 1 Off Day Day Day Day Off Off 40 2 Off Off Day Day Day Day Off 40 A shift constitutes a 7 -day work cycle comprised of four (4) consecutive days on and three (3) consecutive days off. The assigned Shift 1 or Shift 2 shall be at the discretion of the Fire Chief. The hours of work shall be scheduled between 0730 hrs. and 1930 hrs. The day shift scheduled shall be eleven (11) hours including one (1) unpaid hour for lunch at mid - shift. [65] 231 SCHEDULE "D" Military Service 1. Any employee who qualifies for acceptance by the Canadian Armed Forces (Reserves) shall be entitled to time off with full pay and benefits up to a maximum of fourteen (14) consecutive calendar days per annum for Reserve Training. This training time shall be in addition to holidays contained in this Collective Agreement. 2. Wages received for such approved Reserve Training shall be reported to the Employer and the employee shall have the option to choose the higher wage between the City and the Department of National Defence. [66] 232 THIS IS SCHEDULE "E" REFERRED TO IN THE AGREEMENT BEARING DATE THE DAY OF MARCH, 2018., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER", AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL, CIO, CLC) "THE UNION" Clothing & Equipment Dress • 1 Tunic with 1 pair of Pants Uniform . Planned replacement of dress uniform is every seven (7) years Patch Coat with the next dress uniform being set for replacement in 2017. Gloves Unscheduled replacement of an individual's uniform will only Helmet (complete) be permitted if required need can be demonstrated in Flash Hood accordance with Article 22.01 • 1 Long Sleeve White Shirt c/w Fire Dept. Shoulder Flashes (replacement every 3 years) • 1 Tie (replacement each year) • 1 pair Black Dress Shoes (replacement every 5 years) • Uniform Cap (when required) • Employer agrees to make one (1) alteration if required during the term of issue for dress uniform only Work Issue • Supplied each year with the exception of when dress uniform is issued • 2 pairs of Pants • 2 shirts (one long, one short sleeved) or as designated by employee • Jacket when required Footwear • 1 pair of black C.S.A. approved leather shoes or boots (replacement 2 years with the exception of year when dress shoes are issued) • Fire Prevention Personnel: 2 pairs of Boots or Shoes each year • Training Personnel: 1 pair of Boots each year Personal Equipment for Firefighting Duties Rubber Boots As required Bunker Pants As required Patch Coat As required Gloves As required Helmet (complete) As required Flash Hood As required [67] 233 SCHEDULE "F" This is Schedule "F" referred to in the Foregoing Agreement bearing the day of MARCH, 2018., and entered into between the City of Saint John, "The Employer" and the Saint John Firefighters' Association, Local Union No. 771, I.A.F.F. (AFL — CIO, CLC), "The Union". 1 st Day Off (X) Off Off Off(F) No Time Off 2n Day Off (X) Off Off D(F) 1 Day Off 3' Day Off (X) Off D D(F) 2 Days Off 4 1h Day Off (X) D D N(F) 2 Days, 1 Night Off 1 st Day D(X) D N N(F) 2 Days, 2 Nights Off 2nd Day D(X) N N Off(F) 1 Day, 2 Nights Off 3' Day D(X) N Off Off(F) 2 Nights Off 4 1h Day D(X) Off Off Off(F) 1 Night Off 1St Day Off (X) Off Off Off D(F) 1 Day Off 2n Day Off (X) Off Off D D(F) 2 Days Off 3rd Day Off (X) Off D D N(F) 2 Days, 1 Night Off 4 th Day Off (X) D D N N(F) 2 Days, 2 Nights Off 1 st Day D(X) D N N Off(F) 2 Days, 2 Nights Off 2n Day D(X) N N Off Off(F) 1 Day, 2 Nights Off 3rd Day D(X) N Off Off Off(F) 2 Nights Off 4t Day D(X) Off Off Off Off(F) 1 Night Off X — Day of Death F — Day of Funeral [681 234 LETTER OF AGREEMENT #1 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Loss of Income Option IT IS HERETO AGREED that the Employer shall work with injured employees and their Union to help alleviate loss of income resulting from injury on duty, subject to the following: the solution is shared (Employer -Union -employee); it complies with the Workers' Compensation Act; application will not result in a financial penalty to the Employer; and there remains an incentive to return to work. The program shall provide that the Employer adopt a policy to pay the full cost of health, dental and group life insurance benefits, as well as pension plan premiums, during the period an employee is in receipt of payments from the Workers' Compensation Board. The Union shall pay the full cost of union dues. Should the Application of the Workers Compensation Act change, so as to permit the Employer to make adjustments to injury on Duty Payments; the Employer shall review and revise the current Loss of Income Option so as to alleviate the loss of income resulting from injury on duty. This will be done provided such actions do not result in a financial penalty to the City of Saint John. Also, should the Application of the Workers Compensation Act change to permit the employer to make adjustments to injury on Duty Payments for those employees earning beyond the maximum WCB coverage, the Employer will make the adjustments in order for the employee to receive the additional adjustments permitted. This will be done provided such actions do not result in a financial penalty to the City of Saint John. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 In the presence of. THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk [691 235 Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF ("The Union") President Recording Secretary [70] 236 Witness LETTER OF AGREEMENT #2 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Terms & Conditions Clothing and Equipment Committee It is agreed that as part of the 2015 — 2019 Collective Agreement, between the City of Saint John and The Saint John Firefighters Association Local No. 771, IAFF, the parties agree to maintain a Committee for the issue of clothing and equipment as outlined in Schedule "E". The objective of the Clothing and Equipment Committee is to provide the parties with an opportunity, on an on-going basis, to determine the mutually beneficial value to the issue of clothing and equipment. The parties agree that they shall create a forum to discuss all matters related to the uniforms and equipment including specifications, quality and issue. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 In the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF President Recording Secretary Witness [71 ] 237 LETTER OF AGREEMENT #3 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: DUTY TO ACCOMMODATE The parties agree to focus efforts on active case management where an individual is absent from work due to illness or injury, the goal of which would be to see a timely return to work for the individual. The parties also recognize their obligation to the "Duty to Accommodate" as outlined in the New Brunswick Human Rights Act and the Workers Compensation Act. The Duty to Accommodate obligation is based on the philosophy that all employees have an equal right to work. The elimination of intolerance in Canada is an emerging national value. Employers are being asked to eliminate arbitrary barriers to the inclusion of persons with disabilities in the workplace. "A truly egalitarian society recognises and is designed in view of the fact that the workforce is made up of able bodied and disabled persons with distinct needs and abilities, but with an equal right to work" PROCESS OUTLINE The City of Saint John comprises a workforce diversity not usually experienced by other employers; The City encompasses many diverse employment positions as well as four (4) different bargaining units plus non-union and management staff. The City of Saint John also recognizes workplace accommodations can be either temporary or more permanent in nature. In understanding this, the City of Saint John has adopted a two (2) step approach to meet their obligations regarding the duty to accommodate as outlined in the New Brunswick Human Rights Act and the Worker's Compensation Act. (1St Step) Each diverse group will have a designated Return to Work Committee whose mandate will be to return the ill or injured employee to their pre-illness/injury position. Should it be determined that an employee cannot return to their pre- illness/injury position they will move to the (2" d Step) where their case will be forwarded to the Duty to Accommodate Committee who will be responsible to manage any further accommodation. The above committees will include two (2) representatives from Local 771, two (2) representatives designated by the Fire Chief and a representative from Human Resources. [72] 238 Duty to Accommodate On the recommendation of the designated Return to Work Committee, an employee who has been identified as being unable to return to their pre-illness/injury position, their case will be forwarded to the Duty to Accommodate Committee for review and management. As well, any employees who have applied but are denied disability benefits from the City's Insured LTD Plan on or after January 1, 2013, which is the date that such coverage came to replace the former disability pension under the City of Saint John Pension Act, will automatically be forwarded to the Duty to Accommodation Committee for review and management. Note: Any past employees who commenced receiving a disability pension under the City of Saint John Pension Act and whose disability benefits are suspended will automatically be forwarded to the Duty to Accommodation -Committee for review and management. In this case, the OMA will first assess their present medical condition against the NFPA 1582 Standard. All cases will be forwarded to an OMA to review and make recommendations to the Duty to Accommodate Committee. The Duty to Accommodate Committee will meet to review the recommendations of the OMA and explore possible accommodation. The mandate of the Duty to Accommodate Committee will be the safe return to work of the injured or ill employee to a position within his/her Bargaining Unit first if possible and secondly a position within the corporation of the City of Saint John. The Duty to Accommodate process follows an individual case management approach; this process is governed by an accompanying business practice. Please refer to the "The City of Saint John Corporate Duty to Accommodate Business Practices". The business practice is subject to improvement and change by the Committee. Should a member of Local 771 be placed in a position outside the bargaining unit in order to accommodate a disability and should an opportunity arise to accommodate that individual within the bargaining unit, the parties agree that such accommodation will be made subject to the conditions for accommodation set out in this letter of agreement. Any permanent accommodation will be developed by a committee based on the applicable business practice. This committee will include the Fire Chief, the president of Local 771, the Manager of Human Resources, the department head who will be responsible for the accommodation (if needed) and the OMA. [73] 239 This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 In the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF President Recording Secretary Witness [74] 240 LETTER OF AGREEMENT #4 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: PROFESSIONAL DEVELOPMENT The allocation of training courses acknowledged as being part of the professional development of the employee ranks as defined in the Collective Agreement, shall be assigned to the most senior person in the identified platoon/group, or division who responds to the expression of interest. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 In the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF President Recording Secretary Witness [75] 241 LETTER OF AGREEMENT #5 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: CONSTANT MANNING To clarify the intent of Article 23.01, at no time shall any apparatus remain in service with fewer than the staffing levels as described. In the event that constant manning funds are depleted part- way through a fiscal year, and sufficient funds are unavailable to maintain safe staffing levels on all apparatus the following shall apply: Apparatus with fewer than the prescribed number of personnel shall be placed out of service and its' crew redeployed amongst remaining companies. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 In the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF President Recording Secretary Witness [76] 242 LETTER OF AGREEMENT #6 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: PILOT PROJECT - SICK LEAVE PLAN SICK LEAVE PLAN ACCUMULATION Upon retirement, employees will be eligible to receive a partial payment for accumulated sick leave credits in excess of 2280 hours for Operations Personnel and 1330 OR 1900 for those on Day work. Employees will be paid ten percent (10%) of their regular rate of pay of each hour in excess of the maximum accumulated hours. During their last year of employment employees may displace sick leave with vacation in order to qualify for this payment. Sick Leave Bank Credits Not Withstanding Article 14.03 (7) Should the balance in the bank drop below 4000 hours each and every member of Local 771 will be required to contribute up to twenty-four (24) hours to the bank. For those employees who have in excess of the maximum accumulated hours this deduction will come from those hours in excess of the maximum. The total life time entitlement for all employees from the sick leave bank will not exceed eighteen (18) months. The calculation of this benefit will commence on January 1, 2009. All employees must be advised of their use of sick leave bank time used each year. Sick Bank Allotment for Employees Eligible to Retire An employee who is eligible to retire with an unreduced pension pursuant to the terms of the Shared Risk Pension and makes application to the sick leave bank will be eligible to draw from the sick bank in the following manner. An employee who is eligible to retire shall be entitled to the balance of their eighteen (18) months from the sick leave bank. The first six (6) months of the balance available will be paid at one hundred percent (100%) of their regular salary. The second six (6) months of the balance available will be paid at eighty percent (80%) of their regular salary. The balance available will be paid at fifty-five percent (55%) of their regular salary. The total life time entitlement for all employees from the sick leave bank will not exceed eighteen (18) months. [77] 243 This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 In the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness 001,1& Y.1Q1will.Ies0M1;701011"1,11041XV`.XT114IF. 11930111160we[Imrf■/:11y9 President Recording Secretary Witness [78] 244 LETTER OF AGREEMENT #7 BETWEEN: AND: SUBJECT: 1. Reinvestment in Productivity The City of Saint John "The Employer" The Saint John Firefighters Association Local No. 771, IAFF "The Union" Pilot Project — Reinvestment in Productivity The Employer is prepared to share sustained and measurable productivity improvements with employees; monies that could be reinvested to supplement the employee share of monthly contributions for health, dental and travel coverage, as provided for in Article 14.02 of the Collective Agreement: (a) Achieving Work Attendance Outcomes i. Where the average annual absences on sick leave (hours per employee) among all employees (members of the bargaining unit) is less than sixty-four (64) hours per year, the Employer shall pay, in lieu of the amount shown in Article 14.02, eighty-five percent (85%) monthly towards the cost of single coverage and eighty-five percent (85%) towards the cost of family coverage - for the following calendar year only. The employee shall pay the remainder of the cost of monthly premiums. It is understood and agreed that such benefit shall extend to all employees. ii. Where the average annual absences on sick leave (hours per employee) among all employees (members of the bargaining unit) is less than forty-two (42) hours per year, the Employer shall pay, in lieu of the amount shown in Article 14.02, one hundred percent (100%) monthly towards the cost of single coverage and one hundred percent (100%) towards the cost of family coverage - for the following calendar year only. It is understood and agreed that such benefit shall extend to all employees. (b) Demonstrating Leadership and Long -Term Commitment In lieu of the five thousand dollars ($5,000) paid-up insurance policy provided for in Article 14.01 of the Collective Agreement, employees who have averaged less than sixty-four (64) hours of sick leave per year over their last ten (10) years of employment and retire may opt to have a monthly amount of one hundred and fifty dollars ($150) deducted from their Health and Dental payments for coverage for a period of thirty-six (36) months after retirement. ii. In lieu of the five thousand dollars ($5,000) paid-up insurance policy provided for in Article 14.01 of the Collective Agreement, employees who have averaged less than forty (40) hours of sick leave per year over their last ten (10) years of employment and retire may opt to have a monthly amount of two [79] 245 hundred dollars ($200) deducted from their Health and Dental payments for coverage for a period of thirty-six (36) months after retirement. 2. Recognition for Achievements A system of recognition and awards for both organizational units and individuals shall be established through the Labour Management Committee. Key areas of focus shall include: (a) safe driving/operating record; (f) equipment care; (b) facility upkeep / maintenance (g) safe workplace; rating; (h) healthy active living; (c) community service; (i) hazard elimination; and (d) quality service testimonials; (j) others, as applicable. (e) innovation; TERMINATION/RENEWAL 3. The initiatives set out in this Letter of Agreement shall run for the term of the Collective Agreement, from January 1, 2015 to, December 31, 2019. It may be terminated at the end of that term by either party, or may be renewed for a subsequent term by mutual agreement of the parties. Renewal will be based on the demonstrated success of the initiatives — in the opinions of the parties. 4. Upon termination of these initiatives, all provisions set out herein shall become null and void. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 in the presence of. THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF ("The Union") President Recording Secretary Witness [801 246 LETTER OF AGREEMENT #8 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Pilot Project - Wellness/Fitness Pilot Project Wellness/Fitness The Employer and the Union recognize the importance of a program to maintain fit, healthy, capable members throughout their career and agree to implement, over time, the IAFF/IAFC Fire Service Joint Labour Management Wellness and Fitness initiative. It is also jointly recognized that any such program shall be positive, not punitive in design; allow for age and position within the Department; allow for on -duty time participation utilizing facilities provided or arranged by the Employer; provide for rehabilitation and remedial support for those in need; and be reasonable and equitable to all participants. To achieve such a program, a Joint Labour Management Wellness and Fitness Committee shall be maintained. The Committee shall consist of two (2) representatives from the Employer and two (2) representatives from the Union and a representative from Human Resources. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 in the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF ("The Union") President Recording Secretary [81 ] 247 Witness LETTER OF AGREEMENT #9 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Employment of those persons who have had their disability pension cease as the result of the board of trustees of the City's Pension Plan determining, based upon review of existing disability pensions, that the member of the Plan was no longer entitled to receive a pension Whereas a former employee commenced receiving a disability pension on or after January 1, 2009 under the City of Saint John Pension Act (Pension Act), and Whereas the disability pension ceased as the result of the board of trustees of the City's Pension Plan determining, that the member of the Plan was no longer entitled to receive a pension; and Whereas the member of the Plan was left without their primary source of income as a result, and Whereas the member of the Plan has sought re-employment with the City and the City is prepared to offer re-employment upon certain terms and conditions, Now therefore the City and the Union agree that: 1. The member of the City of Saint John Pension Plan shall be treated as though they are an employee and will be required to actively participate in a Duty to Accommodate Plan for their return to work. 2. Until they return to work they shall be paid by The City of Saint John an amount equivalent to the disability pension paid by the City of Saint John Pension Plan. The member will not be an employee until they return to work for the City of Saint John. All provisions of the Duty to accommodate and Return to Work programs shall apply. 3. The provisions of the collective agreement between the City and the Union shall apply to the employment with the exception that: (a) should a new position be added to the establishment as a result of the Duty to Accommodate such position shall be offered to the member of the Plan and shall not be posted, nor will it be available at any time to any other member of the union. (b) should the member of the Plan accept the aforesaid offer of employment, the position if added to the establishment will be automatically deleted from the establishment should the incumbent leave the City's employment, or should the City determine that he is able to assume a position in Fire Operations (in which case the employee must assume such position; and in that regard the employee must agree to submit upon request to a medical assessment by the City's Occupational Medical [82] 248 Advisor, by no event shall such request be made more frequently than once in each calendar year), or he should otherwise obtain a different position with the City. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 in the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF ("The Union") President Recording Secretary [831 249 Witness Letter of Agreement #10 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: EMPLOYER CHANGE It is hereto agreed that, if a change is constituted in the governance of the City of Saint John Fire Department the parties undertake and cooperate fully to ensure a smooth and effective transition, successor rights, and protection of the rights and benefits of present employees, as outlined in the collective agreement. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of MARCH, 2018 in the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF ("The Union") President Recording Secretary Witness [84] 250 LETTER OF UNDERSTANDING #1 BETWEEN: The City of Saint John AND: Saint John Fire Fighters Association, Local Union NO. 771 SUBJECT: Holiday Relief Firefighters — Pension Plan Eligibility The parties agree to the principle that Holiday Relief Firefighters should be eligible to participate in the Shared Risk Pension Plan from their date of hire. The parties further agree to undertake the crafting of correspondence to that effect for submission to the Shared Risk Pension Board, understanding that the Board has final authority. SIGNED on this day of MARCH, 2018 in the presence of: THE CITY OF SAINT JOHN ("The Employer") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF ("The Union") President Recording Secretary Witness [851 251 March 12, 2018 Deputy Mayor and Councillors Subject: FCM Annual Conference and Trade Show The Committee of the Whole, having met on March 12, 2018, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on March 12, 2018, the FCM Annual Conference and Trade Show be referred to the Common Clerk to accommodate the Mayor and two Members wishing to attend. Sincerely, Don Darling Mayor °�' g 9IN 9g.R.A. �> 9 );7� «ai�i »�iwo, Nyi. »Mi«act«� b .0. �.� I tar .: ,ai��gresha�,a I (:..fit. P 71 'x;444 I A it i, M& .. d_Parawl'a 021 VI 252