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1999-06-14_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at June 11, 1999. 1. Meeting called to order, 7:00 p.m., Monday, June 14, 1999 - prayer. 2. Approval of minutes (May 31, 1999). PUBLIC HEARINGS 3. 7:00 p.m. (a) Proposed Zoning By -law amendment to re -zone a parcel of land at 1151 Golden Grove Road, from "RS -IM" One and Two Family and Mobile Home Suburban Residential to "B- 2" General Business classification, to permit an office, showroom and building material storage area for a building renovation contractor to be established within an existing garage on the subject site, as requested by Atlantic Home Improvements Ltd. (b) Report from the Planning Advisory Committee re proposed amendment. (c) Letter from applicant re proposed amendment. 4. 7:00 p.m. (a) Proposed amendment to Section 39 conditions imposed on the August 13, 1984 re- zoning of the property situated at 2435 -2441 Golden Grove Road, to permit the use of the property for the following uses: business office; warehouse; manufacturing of lawn furniture, gazebos and pallets; woodworking shop; and water storage and transport, as requested by Glen Carpenter! Tabufile. (b) Report from Planning Advisory Committee re proposed amendment. 5. 7:00 p.m. - Proposed Street Closing By -law amendment re portion of Whipple Street. DELEGATION 6. 8:00 p.m. - Presentation by Power Commission of 1998 Annual Report. 7. 8:15 p.m. - Presentation on behalf of Loyalist Days Inc. re Loyalist Heritage Festival, July 11 -17, 1999. 8. Mayor's remarks. - Saint John Salvage Corps and Fire Police - presentation of long- service medals. - Environment Committee - presentation of Environment Week awards. COUNCIL 9. Re sidewalks on Greenhead Road (Deputy Mayor Chase). 10. Re outgoing and incoming MLAs in Saint John area (Deputy Mayor Chase). 11. Re tracking of Council resolutions (Councillor Chase). CITY MANAGER 12. Response to Mervyn Neill's correspondence re availability of funding to homeowners in Glen Falls. 13. Proposed Traffic By -law amendment re parking on Candlewood Lane. 14. Proposed Traffic By -law amendment re loading zone, Union Street. 15. Re HIP applications #90 and #91 for developments on Cameron Court and Marlin Drive /Daniel Avenue. 16. Re request for placement of mini -home, 3396 Loch Lomond Road. 17. Re supply of portable toilets to playing fields. 18. Report re tender for contract 99 -3, chipsealing 1999. 19. Report re tender for electrical maintenance services - Water & Sewerage Services Division. 20. Report re tender for contract 99 -2, asphalt resurfacing 1999. *20A. Re collective agreement with C.U.P.E. Local 486. CITY SOLICITOR 21. Re ownership of railway right -of -way from Sand Cove Road eastward. Rage Two. COMMON COUNCIL AGENDA - as at June 11, 1999. COMMITTEES/COMMISSIONS 22. Finance Committee: (a) 1998 City of Saint John Financial Statements Operating Highlights; (b) 1998 Financial Statements - General Fund; (c) 1998 Financial Statements - Water and Sewerage Utility; and (d) 1998 Financial Statements - Sinking, Reserve and Trust Funds. 23. Committee of the Whole report (April 19, 1999) (1) re amending mortgage, Harbourview Subdivision. 24. Committee of the Whole report (May 3, 1999) (1) re easement and maintenance agreement for part of Simonds Arena site. 25. Committee of the Whole report (May 31, 1999) (1) re appointments to Cities of New Brunswick Association executive committee; (2) re amending terms of sale, 471 Millidge Avenue; (3) re sale of City land on Champlain Drive. 26. Saint John Parking Commission re free metered parking on Saturday. 27. Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John) re business park development. 28. The Saint John Jeux Canada Games Foundation, Inc. re Financial Statements and reappointment of Governors. COMMITTEE OF THE WHOLE - 4:30 p.m. 42. 4:30 p.m. - Presentation by Local 771 of grievance regarding Lieutenant Albert Chenier (tabled May 25, 1999). 43. Re relationship with Province (Deputy Mayor Chase). 44. Re term of office - Fundy Region Solid Waste Commission (City Solicitor). 45. Re CUPE Local 486 collective agreement (City Manager). 46. Re proposal call for sale of property on Angus Courts and Latimore Lake Road (City Manager). 47. Re proposed subdivision and sale of property on Osborne Avenue (City Manager). 48. Re offer to purchase Lot 98 -2, Golden Grove Road (City Manager). 49. Re Tilley Lane (City Manager). 50. Re disposal of surplus City property (City Manager). 51. City Manager's update. 52. Mayor's update. LEGAL SESSION 53. Re Human Rights complaint of Keith Langford (City Solicitor). GENERAL 29. Letter from Transport Canada, Atlantic Region, re transfer of Saint John Airport to Saint John Airport Inc. 30. Response from Provincial Department of Municipalities and Housing to Council's request that amendment to s. 93 of the Community Planning Act not be proclaimed. 31. Letters from Jane Barry of Saint John Lancaster Liberal Association re (a) condition of sidewalks and inadequate street lighting on Greenhead Road; (b) crosswalks, Sand Cove Road (Seawood School). 32. Letter from Town of Grand Bay - Westfield re municipal infrastructure in Millennium budget. 33. Request of City Market Merchants Association for City Market to be open on July 1, Canada Day. 34. Request of Saint John Regional Hospital Foundation for City to field team for Rally of Hope campaign. 35. Request of Constance D. Northrup to fill back portion of property at 34 McKay Street. 36. Application of Anthony Debly for re- zoning of property at corner of Churchland Road and Golden Grove Road. 37. Application of D.R.'s General Construction and Management Ltd. for re- zoning of 533 Rothesay Avenue. 38. Letter from Eric L. Teed re painting on fire hydrants. 39. Request of Grace Harvest Church to have block party on Elgin Street between Metcalf and Main Streets. 40. Letter from Multicultural Association of Saint John, Inc. re necessity of more ethnic representation on Police Commission. 41. Letter from Helena Harvey for Painting Round re souvenir of Saint John. COMMITTEE OF THE WHOLE - 4:30 p.m. 42. 4:30 p.m. - Presentation by Local 771 of grievance regarding Lieutenant Albert Chenier (tabled May 25, 1999). 43. Re relationship with Province (Deputy Mayor Chase). 44. Re term of office - Fundy Region Solid Waste Commission (City Solicitor). 45. Re CUPE Local 486 collective agreement (City Manager). 46. Re proposal call for sale of property on Angus Courts and Latimore Lake Road (City Manager). 47. Re proposed subdivision and sale of property on Osborne Avenue (City Manager). 48. Re offer to purchase Lot 98 -2, Golden Grove Road (City Manager). 49. Re Tilley Lane (City Manager). 50. Re disposal of surplus City property (City Manager). 51. City Manager's update. 52. Mayor's update. LEGAL SESSION 53. Re Human Rights complaint of Keith Langford (City Solicitor). C` Office of the Mary L. Munford Common Clerk Common Clerk August 3, 1999 Mr. Jim Baird Manager Community Planning 10th Floor - City Hall Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 Re: 2435 -2441 Golden Grove Road i City of Saint John Enclosed is a copy of a Section 39 Amendment regarding the above property. Pursuant to the provisions of the Community Planning Act, the resolution was filed in the Registry Office on July 15, 1999 and became effective on that date. Yours truly, Ma L IGlunford Common Clerk MLM /jaf encl. cc: William Edwards, Building Inspector PENDING SECTION 39 AMENDMENT PROPERTY LOCATION: 2435 -2441 Golden Grove Road SUBJECT: Section 39 Amendment REGISTRY OFFICE: certify 3 copies of amendment - 1 copy will be filed in Registry Office (letter size, do not include owner) - 1 copy will be registered in Registry Office - (legal size, owner's name incl.) - 1 copy will be returned to Common Clerk with filing and registration data stamped on it (legal size, owner's name incl.) 2" top margin, 1.5" side margins, legal size copies include owner's name at bottom COPIES TO JOHN NUGENT: (date) July 2, 1999 Copy of resolution with filing and registration data noted in letter to: Jim Baird, Community Planning cc: William Edwards, Building Inspector office of the Mary L. Munford Common Clerk Common Clerk June 21, 1999 Mr. Glenn Carpenter 45 Westmount Road Saint John, NB E2M 6L7 Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on June 14, 1999, the following resolution was adopted, namely:- R^ City of Saint John " RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the August 13, 1984 re- zoning of the subject property situated at 2435 -2441 Golden Grove Road (NBGIC Number 469551), to read as follows: (a) the use of the subject property is limited to the following: (i) business office; (ii) warehousing of dry goods with no chemicals, including paper rolls, file folders, furniture, lumber components, cabinets and building lumber, peat moss, rope, metal pipe, plastic pipe, concrete ornaments, electronic equipment with no transformers, stereos, nets, rope, buoys and clothing; (iii) woodworking and manufacturing of wood products, provided that only non -toxic substances, such as latex glues and stains, are applied or used; and (iv) bottled water storage and transport; (b) no new buildings and no extensions to the existing building are permitted; (c) all activities, other than employee parking, must be carried on within the building, and there shall be no outdoor storage; (d) the number of full -time on -site employees is limited to a maximum of five; (e) the existing trees adjacent to Golden Grove Road must be retained in a manner that provides a visual barrier between the street and the building; (f) no change -of -use permit for any of the proposed uses will be issued until such time as: (i) the on -site sewage disposal system is approved by the Public Health Services Branch of the N.B. Department of Health and Community Services; and (ii) the Fire Department is satisfied that the site contains a turnaround facility at or near the building, which is capable of supporting and permits the adequate manoeuvring of fire fighting equipment; and (g) the property owner must permit the property and operations thereon to be inspected PROPOSED SECTION 39 AMENDMENT RE: 2435 -2441 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held on Monday, June 14, 1999 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the August 13, 1984 re- zoning of the subject property situated at 2435 -2441 Golden Grove Road, also identified as NBGIC #469551, to permit a revised proposal. REASON FOR CHANGE: To permit the use of the property for the following uses: business office; warehouse; manufacturing of lawn furniture, gazebos and pallets; woodworking shop; and water storage and transport. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Community Planning, 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 Hall. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY MUNFORD Phone: 658 -2862 Fax: 658.2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG =Saint John Times Globe; T -J= Telegraph Journal) SJTG City Information Ad SJTG Independent Placement SJTG Classifieds "T -J Independent Placement T -J Classifieds Date(s): Tuesday, May 18, 1999 Tuesday, June 8, 1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s) ❑ Mayor's Message ❑ General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary Munford, Common Clerk Contact: Telephone: (506) 658 -2862 office of the Common Clerk May 18, 1999 Mr. Glenn Carpenter 45 Westmount Road Saint John, NB E2M 61-7 Dear Sir: Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 10th instant, the following resolution was adopted, namely:- " RESOLVED that the application of Glen Carpenter / Tabufile for an amendment to the conditions of re- zoning of 2441 Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 14, 1999, at 7:00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, fi Mary L. 4unford / Common Clerk MLM:sc Enc (1) City of Saint John Application for Amendment to Section 39 Resolution or Agreement % I ? MAY 7 1999 Applicant Related Information j Name of Annlicant /e - ��� W / � 4 Mailing Address of :4 aS i� /%l D un Yip �} vostal Code Tephone Number: Business y�� 12 Home Fax No.(if one) / ,�� ��b Name of Property Owner(if different) Mailing Address of Owner Pb 1��ef ji 6 7 Postal Code � E,.2,1, Existing Resolution Date of resolution to be amended // ce) /4t, �'rol�e /c Civic# Street Applicants Interest in Property Own // Lease Option Other(exvlaiA� ° ��Q iii d e�2 //2 What is your Proposal? NBGIC# Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) A fee of $300.00 is enclosed}' the fon of a cheque or Money Order made payable to the City of %i Saint John. // n // U Date— Signature of the ner must be included. MAY 7 fqw� Interblend Corp. 2483 Westfield Road Saint John NB. E2M 6L7 Phone Fax 1 -506- 738 -8404 carpg@nbnet.nb.ca 5/2/99 Mr. Jim Baird Community Planning City of Saint John, NB. Subject; 2441 Golden Grove Road Property Owner; Tabufile Atlantic Limited Dear Mr. Baird; Please consider the enclosed a request to review the 439 clause attached to this property to allow our firm to find the appropriate usage for the site. Since the last application I have had a meeting Town of Rothsay Mrs. Jarvie and Chapman, Made an offer to sell to the Town, and presented a list for advice from your department. The attached is support of this action. Thank you for your assistance in our search to choose a direction. Early activity on this request would be appreciated. Yours very truly C Glenn Carpenter cc. Tabufile goldgr5 Interlined Corp. 2483 Westfield Road Saint John NB. E2M 6L7 Phone Fax 1 -506- 738 -8404 carpg @nbnet.nb,ca 5/2/99 Subject; Potential uses for 2435 -2441 Golden Grove Road; 1. Office area consists of 4 offices and a lunch room with 2 wash rooms suitable for a staff of about 4 or 5 persons, about 650 square feet. Would have minimal impact on services. 2. Warehouse has truck entry plus level loading ramp and lends itself to transshipment of warehoused items. 3. Potentials;; Dry Goods with no chemicals such as paper rolls, file folders, furniture, lumber components, cabinets and building lumber, peat moss, , rope , metal pipe, plastic pipe, concrete ornaments, electronic equipment with no transformers or potential problems , stereos etc., nets, rope, buoys, retail clothing The intent is to search out materials with a low impact possibility on the environment. Since the limits of impact are real I request a latitude to match the location with the use. 4. Manufacture; lawn furniture, gazebos, pallet factory, wood working. 5. Water storage and transport; Two delivery trucks would draw inventory each evening from the building and spend the night inside for security reasons. 6. No new buildings on this site. 7. In general we would propose a maximum number of persons on site, we will need a guideline as to how many. I suggest 4 full time and 4 part time for pickup and delivery in the warehouse component. A need to find an acceptable usage of this property is necessary and a review of the above request and an approval will allow us to search out the solution. Our firms are sensitive to community needs and will do what is necessary to comply with the area. goldgr4 u Ii . }. i r + Vt _ yy Interblend Corp. 2483 Westfield Road Saint John NB. E2M 6L7 Phone Fax 1 -506- 738 -8404 carpg @nbnet.nb.ca April 21, 1999 Mayor W. G. Artiss Town of Rothsay 70 Hampton Road Rothsay NB E2E 5L5 Subject; 2435 -24411 Golden Grove Road Dear Mayor Artiss; As you are aware my recent submission to alter the Section 39 was unsuccessful and an acceptable alternate plan must be devised for the future usage of this site. A suggestion was made during the presentation by a councilor that the property ,if in the Saint John water shed, would have been purchased by the city. This letter is to see if your Town has an interest in a purchase. If so, I have enclosed the listing information that I used on purchase and will tell you I paid less than the asking price. Would you kindly consider this request? I wish to move on to making this site operational at an early date and have met with and will continue consult with Mr. Chapman and Mr. Jarvie. Your attention will be appreciated. Sinc 1 Tenn Carpenter Interblend Corp. 2483 Westfield Road Saint John NB. E2M 6L7 Phone Fax 1 -506- 738 -8404 carpg @nbnet.nb.ca 4/27/99 Town of Rothsay 70 Hampton Road Rothsay, NB> E2E 5L5 Attention; John Jarvie ,MCIP Town Manager Subject; 2435 -2441 Golden Grove Road Dear Mr, Jarvie; The environmental review was completed by in house engineering staff. Following are some of the pertinent points. 1. The original and only owner of this property before our purchase was Mr. Cosman, the nearest neighbour , who was very careful about the property. 2.. The pallet facility established in 1984 and never used chemicals and disposed of most of the wood residue in the wood furnace. 3. The last use of this building was by Warren Maritimes who used it to provide maintenance for vehicles. This was done within the building and we see no signs of oil or other spills. 4. The building has a 30 inch containment wall and no drainage system in the floor. The concrete floor shows no breaks and is in excellent condition. 5. The building shows no sign of having presented a risk to the environment. 6. Exterior property consists of a graveled road from the main road to the open yard and the building. In the front is a concrete pad with steel pole guards that housed a propane tank, since removed. The rear of the building is a yard that has some small collection of pallet cuts and 2 barrels and a truck liner. These foreign items have been removed and were empty. We see no indication that anything was ever dumped in this area. 7. Behind this is roughly 5 acres of wood land that extends to the land owned by Rothsay. 8. The small stream that comes under the culvert by the road touches the property at the front comer then moves to the east onto the neighbours land and runs parallel to this site. 9. The disposal field is to the right of the building and consists of a built up gravel field and indicates no sign of deterioration. In conclusion we were satisfied that this property was managed in an environmentally sound manner and has no problems left for ourselves to solve. Our intent will be further review to make sure the disposal system is in good order and up to todays standards. Your attention is appreciated and will be available for any information you may require. Yours truly; Glenn Carpenter Planning P.O. Box 1971 506 658 -2800 Advisory Committee Saint John New Brunswick Canada E21, 4L1 OPEN SESSION June 9, 1999 Your Worship and Councillors: SUBJECT: Proposed Section 39 Amendment 2435 -2441 Golden Grove Road On May 10, 1999 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 8, 1999 meeting. City of Saint John The applicant, Glenn Carpenter, attended the meeting and spoke in favour of the application. Mr. Carpenter expressed general agreement with the staff recommendation, but requested modification to proposed condition (a)(iii) to permit the use of latex -based glues and stains, as well as the use of treated wood. He advised that, because all woodworking operations would be undertaken entirely within the building, any potential spills would be contained. Mr. Carpenter assured the Committee that that any sawdust or wood waste would be removed from the site and composted elsewhere. Ms. Gail Rhains Wells, a resident on Golden Grove Road, addressed the Committee in support of the application. With respect to the applicant's concern with proposed condition (a)(ii), Ms. Rhains Wells suggested that the use of compounds be restricted to "non- toxic" materials. Mr. John Jarvie, Town Manager of the Town of Rothesay, attended the meeting and advised the Committee of the Town's concerns, which are more fully detailed in the attached letter. Mr. Jarvie indicated that the present proposal is better than the applicant's previous proposal, but there are still concerns about the potential impact on the watershed. He also indicated that the Town would rather see a single more specific proposal with specific known characteristics, instead of the range of alternative uses currently proposed. After considering the report, letter and presentations, the Committee resolved to adopt the staff recommendation, with a change to proposed condition (a)(iii). RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the August 13, 1984 rezoning of the subject property situated at 2435 -2441 Golden Grove Road, also identified as NBGIC #469551, to read as follows: Planning Advisory Committee June 9, 1999 UM a) The use of the subject property is limited to the following: i) business office; ii) warehousing of dry goods with no chemicals, including paper rolls, file folders, furniture, lumber components, cabinets and building lumber, peat moss, rope, metal pipe, plastic pipe, concrete ornaments, electronic equipment with no transformers, stereos, nets, rope, buoys and clothing; iii) woodworking and manufacturing of wood products, provided that only non -toxic substances, such as latex glues and stains, are applied or used; iv) bottled water storage and transport. b) No new buildings and no extensions to the existing building are permitted. c) All activities, other than employee parking, must be carried on within the building, and there shall be no outdoor storage. d) The number of full -time on -site employees is limited to a maximum of five. e) The existing trees adjacent to Golden Grove Road must be retained in a manner that provides a visual barrier between the street and the building. f) No change -of -use permit for any of the proposed uses will be issued until such time as: i) the on -site sewage disposal system is approved by the Public Health Services Branch of the N.B. Department of Health and Community Services; ii) the Fire Department is satisfied that the site contains a turnaround facility at or near the building, which is capable of supporting and permits the adequate manoeuvring of firefighting equipment. g) The property -owner must permit the property and operations thereon to be inspected by the N.B. Department of Environment, for compliance with that Department's relevant regulations. Such inspections may occur as often as once every six months, or more frequently is permitted by the relevant legislation. / Respectfully submitted, Bria Chairman /Jg RGP /r Attachments Community Jim-Baird MCIP Planning Manager DATE: JUNE 4, 1999 TO: FROM: FOR: SUBJECT: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 506 658 -2835 506 658 -2837 (Fax) PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF JUNE 8, 1999 COME Randall G. Pollock, MCIP Planner Name of Applicant: Glenn Carpenter /Tabufile Name of Owner: Tabufile Atlantic Ltd. Location: 2435 -2441 Golden Grove Road NBGIC: 469551 City of Saint John Municipal Plan: Light Industrial (Approved Light Industrial Development) Zoning: "I -1" Light Industrial (Section 39) Proposal: To conduct a variety of business and industrial activities on the site Type of Application: Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the Planning Advisory Committee's views with respect to the proposed Section 39 amendment. Common Council will consider Glenn Carpenter 2435 -2441 Golden Grove Road Page 2 June 4, 1999 the Planning Advisory Committee's recommendation at a public hearing on Monday, June 14,1999. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the August 13, 1984 rezoning of the subject property, situated at 2435 -2441 Golden Grove Road, also identified as NBGIC #469551, to read as follows: a) The use of the property is limited to the following: i) business office; ii) warehousing of dry goods with no chemicals, including paper rolls, file folders, furniture, lumber components, cabinets and building lumber, peat moss, rope, metal pipe, plastic pipe, concrete ornaments, electronic equipment with no transformers, stereos, nets, rope, buoys and clothing; iii) woodworking and manufacturing of wood products, but not including application of paints, stains or wood preservatives, or the use of previously - treated wood; iv) bottled water storage and transport. b) No new buildings and no extensions to the existing building are permitted. c) All activities, other than employee parking, must be carried on within the building, and there shall be no outdoor storage. d) The number of full -time on -site employees is limited to a maximum of five. e) The existing trees adjacent to Golden Grove Road must be retained in a manner that provides a visual barrier between the street and the building. f) No change -of -use permit for any of the permitted uses will be issued until such time as: i) the on -site sewage disposal system is approved by the Public Health Services Branch of the N.B. Department of Health and Community Services; Glenn Carpenter 2435 -2441 Golden Grove Road Page 3 June 4, 1999 ii) the Fire Department is satisfied that the site contains a turnaround facility at or near the building, which is capable of supporting and permits the adequate manoeuvring of firefighting equipment. g) The property -owner must permit the property and operations thereon to be inspected by the N.B. Department of Environment, for compliance with that Department's regulations. Such inspections may occur as often as once every six months, or more frequently if permitted by the relevant legislation. BACKGROUND: In 1984, Common Council amended the Municipal Plan and rezoned the subject site from "RF" Rural and "RFM" Rural Mobile Home to "I -1" Light Industrial, subject to the following Section 39 conditions: the use of the property is restricted to an approximately 45 -foot by 100 -foot one - storey building for the manufacture and storage of wooden pallets; • the existing trees adjacent to Golden Grove Road be retained. The development was subsequently undertaken and operated for a few years. Then, in 1994, Common Council approved an application by Warren Maritimes Ltd. for an amendment to the Section 39 conditions to permit the site and building to be used for a contractor's office, storage and vehicle /equipment maintenance facility. These additional uses were approved only for a two -year period, which was later extended to November 10, 1998 by a further Section 39 amendment. In February of 1999, the present owner applied for an amendment to the conditions in order to permit the establishment of a metal "heat treating" operation, including accessory office, manufacturing, training and warehousing. The proposal also included the establishment of a greenhouse operation to supply trees to a garden centre located off -site. At its April 7, 1999 meeting, the Planning Advisory Committee recommended that Council approve the amendment, subject to a number of conditions with respect to activities, number of employees, limitations on future expansion and inspections by the Department of Environment.. However, Common Council decided to deny the application, mainly due to concerns about the location of the site within the Town of Rothesay's watershed. Staff had also recommended that the application be denied. Glenn Carpenter Page 4 2435 -2441 Golden Grove Road June 4, 1999 INPUT FROM OTHER SOURCES: Engineering has no objection, keeping in mind that Rothesay should be extended the same protection of its watershed as we would like to see extended to ours. Building and Technical Services has no objection. Fire Department has no objection to the proposed uses. Water for firefighting purposes in this area is by water tank truck. It would appear from the site plan that a turnaround facility capable of turning firefighting vehicles will be required at or very near the warehouse. Saint John Energy advises that it has adequate facilities in the area, as the lot is presently serviced with power. NBTeI has no concerns with providing service to this lot as NBTel currently has a cable into the building now. N.B. Department Health and Community Services (Public Health Services Branch) advises that, although there is a record of an approved application for an on -site system for this property, the Branch has no record of the system ever having been installed and finally inspected. The 1983, 1984 and 1985 files were searched. The inspector for the area at that time does not recall a final inspection having been done. In addition, the on -site system shown on the 1984 application would not meet today's standards for the proposed uses. The Branch, therefore, would want a new on -site sewage system installed according to Regulation 88- 200 under the Health Act, with the necessary application, lot assessment and final inspection being completed. However, it is with trepidation that the Department views any commercial development on a watershed property. The Department has been in recent meetings discussing land use proposals for watershed properties, and the issue of development of any kind was discussed thoroughly, and has certainly strengthened the concept of allowing for little or no development in the watershed. Certainly, if there were to be wooden products constructed at this commercial venture, it would be a likely possibility that the use of "treated" lumber would be involved, the leachate from which is extremely toxic. N.B. Department of Environment has submitted no further comments. With respect to the previous proposal, the Department advised as follows: Glenn Carpenter 2435 -2441 Golden Grove Road Page 5 June 4, 1999 Should any of the proposed activities be situated within the existing 75- metre watercourse setback, the applicant must receive an exemption from the Department. 2. Phase II of the Watershed Protection Program addresses potential sources within the watershed. Under the new regulation (not yet in effect), the applicant may be required to obtain an approval and may be required to modify the operation or relocate the operation outside of the watershed. Town of Rothesay has submitted no comments. The Town did not support the previous proposal due to concerns with respect to the Carpenter's Pond Watershed. Since that time, discussions with the applicant have occurred regarding the use of the property. ANALYSIS: The subject site is located in the eastern part of the City, on the north side of Golden Grove Road between Churchland Road and the Airport Expressway. This is a semi -rural area of one - family dwellings and woodland. The site lies within the Carpenter's Pond Watershed, which supplies drinking water to the Town of Rothesay. The subject site has a frontage of approximately 275 feet and a depth of approximately 900 feet, with an area of nine acres. The one - storey warehouse building on the site is set back about 400 feet from the road and about 430 feet from the rear property line. A 150 -foot wide strip of land, owned by the Town of Rothesay, lies between the rear property line of the subject site and Irwin Lake. As of June 4, 1999, the building is still being occupied by "Technical Heat Treatment" staff. During a recent site visit, there were three office /technical staff on site. However, the nature of the activity appeared to be limited to office activities. The applicant has advised that these people will move out as soon as an alternative location for them is found. Proposal The applicant purchased the subject site recently. The applicant was advised of the present Section 39 conditions limiting the use to manufacturing and storage of wooden pallets, as well as the need for approval of an amendment for any alternative uses, prior to his purchase of the property. Glenn Carpenter 2435 -2441 Golden Grove Road Page 6 June 4, 1999 Subsequent to the rejection of his April 1999 proposal to establish a "heat treatment" operation and greenhouse at the site, he has had discussions with Community Planning and considered alternative uses. We also understand that discussions with the Town of Rothesay are ongoing with respect to the Town's possible purchase of the site. The applicant's revised proposal includes the following components: • office area consisting of four offices and a lunchroom with two washrooms suitable for a staff of approximately four or five persons (approximately 650 square feet). warehouse with truck entry and level loading ramp, for dry goods with no chemicals, such as paper rolls, file folders, furniture, lumber components, cabinets and building lumber, peat moss, rope, metal pipe, plastic pipe, concrete ornaments, electronic equipment with no transformers or "potential problems," stereos etc., nets, rope, buoys, retail clothing. The applicant indicates the intent is to search out materials with a low impact possibility on the environment. With respect to this range of materials, the applicant has requested some degree of "latitude to match the location with the use." • manufacturing of lawn furniture, gazebos, pallets and other woodworking; • water storage and transport. Two delivery trucks would draw inventory each evening from the building and spend the night inside for security reasons. The total number of persons on site, in conjunction with this proposal, would be four full time and four part time for pickup and delivery in the warehouse component. Section 39 Amendment This application, once again, illustrates the long -term implications of approving industrial developments in isolated locations outside of established industrial areas. Staff did not support the original proposal in 1984, but the rezoning was ultimately approved based on the specific proposal at the time. Now that the original use has ceased, there remains an underutilized industrial building in the rural area of the City. Except for the subject site itself, the Golden Grove area contains a mix of rural and residential uses. The Municipal Development Plan designates the surrounding area either Rural or Unserviced Residential, in recognition of the Glenn Carpenter 2435 -2441 Golden Grove Road Page 7 June 4, 1999 predominant character of the area. The site is also located within Rothesay's watershed. The present permitted use of the property, while not ideal in any residential setting, was considered to be of an intensity that minimized the impact on the neighbourhood. The applicant's previous proposal, while recommended by the Committee, was not supported by Community Planning and was ultimately denied by Common Council. At that time, however, it was recognized that uses similar in impact to the currently- approved use might be acceptable. Staff advised that activities such as a small carpentry shop and/or dry storage of non - obnoxious materials, could be considered appropriate, depending on the specific proposal and given that this building now exists. The applicant has attempted to come up with a range of uses that provides some flexibility for the building, while recognizing the concerns about the unique and sensitive nature of the site's location. The proposal places limits the number of employees and essentially restricts the use to a small amount of office activity, woodworking and warehousing of specific items. Although some of the materials listed by the applicant raise concerns with respect to potential emissions in the event of a fire, staff can support this revised proposal. However, conditions should be imposed to address the following concerns: the activity should be entirely indoors and be limited to the existing building (i.e.. no expansions to the building and no new buildings). to respond to the issues raised by Public Health Services, there should be no use of paints, stains and wood preservatives, and the on -site sewage disposal system should be approved by the Public Health Services branch. although it appears that the large gravel parking area in front of the building would be able to accommodate firefighting equipment, this should be confirmed by the Fire Department before any change of use is approved. Additional conditions with respect to number of employees and periodic inspections by the Department of Environment, similar to those recommended by the Committee in conjunction with the applicant's previous proposal, are also included in the recommendation. In addition the 1984 condition, with regard to retention of the existing treed area between Golden Grove Road and the building, should be retained as this provides an effective screen from surrounding residential uses. Glenn Carpenter 2435 -2441 Golden Grove Road CONCLUSION: Page 8 June 4, 1999 The use of the subject site, due to its location in a rural residential area and within a watershed, is currently limited to storage and manufacture of wooden pallets. The applicant's revised proposal consists of a range of uses that are similar in impact to the currently- permitted uses. There is still some degree of risk in allowing any activity within a watershed area. Ideally, this building and the activities within it should be located in an industrial area, such as one of the City's industrial parks. However, the proposal can be supported as an acceptable reuse of this existing building, subject to the conditions set out in the recommendation. RGP /r IF WIN LAKE. _�. NBGIC NO.(S) SUBJECT SITE: 00469551 ADDRESS: 2435 Golden Grove Road MAP NO.: 07P -B3 DATE: October 21, 1997 SCALE: N.T.S. 0MMUNITY PLANNING IF WIN LAKE. _�. NBGIC NO.(S) SUBJECT SITE: 00469551 ADDRESS: 2435 Golden Grove Road MAP NO.: 07P -B3 DATE: October 21, 1997 SCALE: N.T.S. CARPENTERS POND WATERSHED / ROTHESAY ® WATERSHED BOUNDARY SUBJECT SITE cr vf, f0 \rO)DEPT. OF ENV.. 75 m BUFFER X I, ... Im1 - o I a {� I a 0s� rf. � jl 1 is . commuN iT`/ 06i08i99 16:21 TOWN OF ROTHESAY 4 1 506 658 2837 N0.642 D02 .Incorporated 1998 June 831999 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB EM 4L1 Fax (506) 658 -2837 1:34 a IiJN 8 1999 RE: Proposed Section 39 Amendment, 2435 -2441 Golden Grove Road Dear Committee Members; The Planning Advisory Committee of the Town of Rothesay reviewed the proposed Section 39 Amendment at 2435 -2441 Golden Grove Road at its regular meeting of June 7, 1999. In reviewing the proposal the Planning Advisory Committee expressed concerns over the type of activities proposed for the site, due to the fact that the site is located with in the boundaries of the Carpenters Pond Watershed. This is a designated drinking water supply under the Clean. Environment Act and is the drinking water supply for The Town of Rothesay. The above noted property is also in close proximity to the body of water known as Irwin Lake. Irwin Lake and the surrounding lands are the headwaters for the Carpenters Pond Watershed. Specifically the concerns with the new proposal are as follows: warehouse: Mr. Carpenter's proposal indicated that the warehouse would be used for storing and shipping paper rolls, file folders, furniture, lumber components, cabinets and building lumber, peat moss, rope, metal pipe, plastic pipe, concrete ornaments, electronic equipment, stereos, nets, buoys, retail clothing. There are some goods in the list that could cause a problem if there was a fire on the site. These 1,ndude plastic pipe, nets and buoys. The concern is that as these are plastic items, then in a fire they could produce substances that could pose a threat to the watershed. This risk could be mitigated with the installation of fire suppression equipment. In addition there is concern that once a warehouse is established it would be hard to control the movement of goods through the warehouse. There is potential for goods that would be a threat to the watershed to be contained in this proposed warehouse, There is also no indication as to the amount or frequency of truck traffic that would be generated by these warehouse operations. 70 J{ncr,7t= (Loud, Roftmy NB E2E SL5 (506)848-b600 Fox(506)848- M Jrntail: t0wnr0tb@11bnkLnb -" 06/08/99 16:21 TOWN OF ROTHESRY a 1 506 658 2837 NO.642 . P03 water storage and transport: The activity of storing bottled water in the existing facility could be a tolerable use if there were some conditions placed on how that activity would take place. Mr. Carpenter suggests two trucks would draw inventory from the building and they would be parked overnight in the building. This activity would be reasonable if there was no washing of trucks done on site, if no vehicle maintenance was done on site and if it could be demonstrated that the building could contain any potential fuel or oil spills from the two trucks parked overnight on site. One item that is not addressed is bow the inventory arrives on site for these two trucks to use. It could be assumed that a number of transport trucks would be unloading at this location.. woodworking and the manufacturing of lawn furniture, gazebos and pallets: These are similar the use of the original, section 39 rezoning which allowed the operation of a pallet plant. This activity causes concern if paints, varnishes, or glues or other finishes or chemicals were to be used in the production of the lawn furniture, gazebos and pallets. I£ these products were to be made from pressure treated wood there is a risk of contamination from leachate forming from rain water on that type of lumber if stored outside. Mr. Carpenter's proposal also does not address what would happen to the sawdust generated from this woodworking activity. If this use were permitted on the property there should be a condition that the sawdust and waste wood is disposed of in the landfill or composted off site. In addition there should be an additional condition that no paints, varnishes, or glues be used in the manufacturing of lawn furniture, gazebos and pallets. office area: If the concerns with the above proposed activities can be addressed the use of the existing office space would not cause a large concern as long as the Department of Health was satisfied with the septic system on the property. Though this proposal has fewer activities than originally proposed by Mr. Carpenter, there remains a number of details to be worked out before the Planning Advisory Committee of the Town of Rothesay were to become comfortable with the new proposal. If you have any questions concerning the above information please feel free to contact me. /f Yours tnily, e4e,4"•` e�Gn -1� John Jarvie, MCIP Town Manager CC Rothesay Planning Advisory Committee Glenn Carpenter 70 Hampton Road, Rathvay tB E2E 5L5 (506)48 -6600 Fax (506)848-6677 &mail: townrval&bnbetnb.ca Incorporated 1998 11 June, 1999 City of Saint John P.O. Box 1971 Saint John, N.B. E2L 41_1 Attention: Mayor McAlary and Council Dear Mayor McAlary: Re: Proposed Section 39 Amendment: 1435 -1441 Golden Grove Road Thank you for rejecting the first application to amend the agreement for 1435 -1441 Golden Grove Road. As stated at the previous public hearing, Rothesay Council does not wish to interfere in any way with development in the City of Saint John. We appreciate Council's treatment of this matter in a manner consistent with how you would deal with a similar application in one of the City's watershed areas. Rothesay is somewhat disappointed that the revised application for this property is receiving support from the City Planning Advisory Committee and the Planning Department. The proposal remains of concern to Rothesay as any development in the watershed places the town water supply in jeopardy. Although the proposal by Mr. Carpenter maybe somewhat less threatening then the first proposed amendment, any increased risk associated with potential contamination of the water supply is difficult to reconcile. The proposal in its present form leaves the specific materials and quantities thereof to be stored in the warehouse somewhat vague. Conversely more detailed specifications would place an increased burden on enforcement by City Staff. As suggested by several Members of Common Council, Rothesay is negotiating with Mr. Carpenter concerning the possibility of purchasing the property. As you will appreciate, we expect the price of the property is considerably more than the municipality would normally pay for watershed land. Given that Mr. Carpenter choose to acquire the land in the face of a recommendation to the contrary by the City Planning Department, we suggest that concerns about hardship in allowing him some sort of development should be regarded as secondary to the need to protect the water supply. Therefore Rothesay respectfully requests that the amendment be refused and if Council is not prepared to do so, that the matter be tabled pending further discussions between Rothesay and Mr. Carpenter. Thank you for your consideration! Yo ry�rul William G. Arti Mayor cc. Council File: Cny- 1435GGrove 70 Hampton Road, Rothesay, N. B. E2E 5L5 (506)848 -6600 Fax (506)848 -6677 e -mail townroth @nbnet.nb.ca 16 Saint john �►Erte _r_ MY The Power Commission of the City of Saint John 1998 Annual Report TO HER WORSHIP THE MAYOR, AND MEMBERS OF THE COMMON COUNCIL, OF THE CITY OF SAINT JOHN Your Worship and Councillors: The Power Commission of the City of Saint John takes pleasure in submitting its Seventy -Sixth Annual Report, together with Financial Statements, covering the operations of the Commission for the year 1998. I am, yours very truly, Edward R. Bates Vice - Chairman The Power Commission Of The City of Saint John Seventy -Sixth Annual Re Of The port Power Commission Of The City Of Saint John For The Year 1998 saintjohn .m J Contents COMMISSION STEWARDSHIP .......... ............................... 2 COMMENTS..................:............... ............................... 3 MANAGEMENT'S ANALYSIS ........... ............................... 4 Background.............................. ............................... 4 Highlights................................. ............................... 4 Operations .................. ............................... 4 Administration _. .......... ............................... 6 Finance...................... ............................... 6 OPERATING STATISTICS .............. ............................... 9 PERSONNEL ................................. ............................... 10 REPORT OF MANAGEMENT ............ ............................... 11 AUDITORS' REPORT ...................... ............................... 12 FINANCIAL STATEMENTS .............. ............................... 13 GLOSSARY OF TERMS ................. ............................... 23 1 } j ) Board of Commissioners Chairman ................... R.F.D. ROYAL............... Local Businessman Vice- Chairman ............. E.R. BATES................. Principal — Forest Hills Elementary } Commissioner .............. G.A. KEITH............,.... Retired from Moosehead Breweries } Commissioner .............. G.E. GRAHAM............. Retired from Bruncor Commissioner .............. P.T. Riley..................... Business Agent, Secretary/Treasurer For Local 273 International Longshoremen's Association )- Commissioner .............. Dr. G.W. BATE............. Retired Physician Commissioner .............. C.T. TITUS ......... ......... Crown Prosecutor Secretary .................... M.L. MUNFORD........... Common Clerk, City of Saint John ) } Executive Management General Manager.......... R.A. BURPEE, P. Eng. } Manager of Engineering & Operations .............. E.J. MARK, P. Eng. I Manager of Finance & ) Administration....,....... A.L. FURNESS, CMA Operational Management r Director of Operations ...................... D.H. SHONAMAN 1 Director of Supply & Services ............. P.W. KELLEY ) 1 The Offices of THE POWER COMMISSION OF THE CITY OF SAINT JOHN are located at 239 Charlotte Street I Saint John, N.B. i Saint John Energy Voice - 506- 658 -5252 PO Box 850 Fax - 506- 658 -0868 Saint John, N.B. E21, 4C7 www.sjenergy.com j a, j JfMW 2 2 mments R.F.D. Royal Chairman R.A. Burpee General Manager -I pe—f r 3 E at Saint John Energy began 1998 fresh with pride from the celebrations of our .75It anniversary year. As we looked to the future we recognized the looming probability of some level of deregulation in Canadian electricity markets and the management and staff of Saint John Energy knew that 1998 would be a challenging year. - The year was barely eight days old when we faced the first challenge of 1998 a challenge which was unexpected and would test the limits of our abilities. Unusual climatic events conspired to produce a freezing rain L storm that lasted for three days. iilt could have been The resulting ice build -up was worse, much worse, If more than most trees could stand and soon the effects of falling ice not for the efforts of and tree limbs plunged a large very dedicated and area of the city of Saint John into Professional staff n cold and darkness. For many of our customers it would be the start of a very long and difficult week of unpredictable power interruptions or for some no power at all. But it could have been worse, much worse, if not for the efforts of a very dedicated and professional staff. Operations line crews, administrative staff, management, and even retired Saint John Energy personnel worked as a team around the clock for seven days until service had been restored to all of Saint John Energy's customers. Sometimes it takes an event like the "1998 Ice Storm" to realize just how important people can be to an organization like Saint John Energy and how vital their efforts can be to our community. The January 1998 Ice Storm also served as aimportant reminder that discussions of deregulation in the electricity industry must also deal with issues such as reliability of service and the ability to meet the demands of unusual events. Saint John Energy with its knowledgeable and dedicated staff has proven its ability to meet such demands time and again. Whether markets are deregulated or not, we believe that we have an important role to play in providing electricity to our community. In closing, we extend our sincere thanks to the commissioners, management and staff who made 1998 both a financial and operational success, and we pledge, as always, to direct our efforts toward providing the citizens of Saint John with the best possible service in the coming year and beyond. Edward R. Bates Vice - Chairman Richard A. Burpee -P. Eng General Manager 1 l 1 I 1' 1 1 1 i 1 1 . I 3 Background The Power Commission of the City of Saint John, operating under the trade name of Saint John Energy, is a municipal utility serving more than 35,000 customers within a 323 square kilometer (201 sq. mi.) area of the City of Saint John, New Brunswick. As a distribution utility, all of the Commission's energy purchases are supplied by the provincial utility, New Brunswick Power Corporation, under a 10 year purchase agreement expiring in 2005. With 13 substations located throughout the city, the Commission delivers in excess of 900,000,000 kilowatt hours annually. As customers of Saint John Energy the citizens of Saint John enjoy energy rates lower than most other bordering jurisdictions. Highlights Operations The year 1998 will long be remembered for the devastating ice storm which began on January 81h and disrupted power for some of our customers for up to seven days. During the first two days freezing rain coated the overhead wires with up to 40 mm of ice causing massive damage to the distribution system. The major cause of outages however, was from ice laden trees falling into the overhead lines. Approximately 600 reports of "wires down" were received from customers. Saint John Energy's distribution system suffered outages affecting approximately 25,000 customers for periods of minutes to as long as seven days. It was only through the extraordinary efforts of Saint John Energy's personnel assisted by a variety of contractors and other utility crews that system restoration was accomplished in as timely a manner as it was. Equipment damaged during the ice storm included 13 distribution transformers and 26 poles. Due to the excessive amount of tree contacts, a tree trimming contractor was employed from the period of the ice storm to the end of March clearing various areas of the distribution system. To add to the damage suffered in the January ice storm, three unusually severe lightning storms during the late summer resulted in the loss of some 63 transformers totaling 3,535 kVA of transformation capacity. Normal operations during the year included the completion of rebuild and conversion work in the Greendale area, as a final segment of the New Brunswick Telephone Company's high bandwidth computer networking system project. Approximately 2,500 kVA of distribution transformers were converted from 4 kV to 12 kV. Residential Rate Comparison Saint Jahn EnerpYe Avii Customer in this Caegory Can tra Motor Poeor NS Pe�r Corp Saint John Sternly mile Crew, SW son rise $200 test $300 Map Catl we "1 In Cli seller, General Service Rate Comparison Saint John Earners Average Coalemv in this Category Central Maine Power Mw Orne Electric NS Pi Corp. as Fewer Corp Saint John Energy Hor,Qui ENO one 3sro none $1.000 $1,300 11400 Onat P +m aneahn awl" Small Industrial Rate Comparison Seine John Ennteri Pawnee Customer in nor Category Central Maine Power Mariana EleCnc NS Pavrer Corp. NS Power core Seim John Energy Flyaro dueEBt w7i 7 $ $1.000 ; 2,000 $3 om. V o $5.000 $agog Cat par worth In Canadian aollan Ice Storm Damage - Broken Pole Loch Lomond Road. j nel 4 Fiberglass Crossarms - Used for the first time by the Commission during the 1998 Grandview Avenue Industrial Park Overhead Line Project. ira>3+:'a rLLI. New Pole Line - Grandview Avenue Industrial Park, Overhead Line Project. S.melabv JE�nergyi 5 The conversion from 4 kV to 12 kV of the Prince Edward Square complex including Prince Edward Street and Brunswick Drive began with a total of 11435 kVA of transformation equipment being replaced. The Grandview Avenue Industrial Park project was completed in 1998. This project involved our first installation of modern fiberglass crossarms as well as the installation of 13 new lateral cables from the overhead line to the existing padmount transformers. The new overhead line through the Industrial Park provides a dedicated supply to Grandview Industrial Park as well as an alternate supply to and from Black River Road greatly increasing the reliability to all customers in the area. Major line extensions were built for the new Wirsbo Plant in the McAllister Industrial Park, the new Strescon Pipe Plant and along Ashburn Lake Road. In addition, almost 300 poles were replaced or installed for line extensions. To enhance system reliability various substation work was under -taken during the year, including: - - Replacement of a feeder cable from the Millidgeville Avenue to Woodward Avenue substations, a distance of 1,500 feet. - A 25 MVA power transformer was commissioned at the Dever Road Substation. - 138 kV switch insulators- were replaced at the Lakewood Substation. - The new Somerset Street Substation was started and brought near completion with the delivery and installation of switchgear, a 15 MVA transformer, high voltage switch and fuses. System expansion included the installation of underground facilities in eight subdivisions to serve a total of 95 new lots. A total of 4,291 kVA was added to our system in 1998. The following large commercial and industrial customers were added to the system: - Wirsbo Plant 100 kVA - Crane Mountain Leachate Plant 500 kVA - Somerset Street, Superstore, 750 kVA - Local #231 Plumbers & Pipefitters 300 kVA - Brookville Manufacturing 500 kVA - Strescon Pipe Plant 300 kVA A continuing street light conversion process saw 96, 250 watt MV and 22, 400 watt MV fixtures replaced with 150 watt HPS and 250 watt HPS fixtures respectively. New additions to the street lighting system included 28 new 150 watt HPS fixtures. Ongoing systems upgrading included the purchase of specialized engineering software used to increase the efficiency of system protection and planning projects. Replacement of our cable locating and thermovision camera equipment was also undertaken during the year. This equipment will be used to assist in locating faulted cable and in preventative maintenance through detection of overheated components. Administration (Customer Service) The goal of Saint John Energy's administration activities is ultimately to provide a high level of customer service, a level that the citizens of our community have come to expect and that the employees are proud to provide. To this end several initiatives were undertaken in 1998 to increase customer confidence and satisfaction. Central to the public's concerns about the "Year 2000 Bug" has been the reliability of the electrical supply system. Early in 1998 management formed a steering committee to address those areas of concern which are within the Commission's control in regards to the Year 2000 issue. An extensive review of equipment and systems was undertaken. In December of 1998 staff hosted a public information session and detailed the utility's readiness. Addressing the continuing changes in the electrical industry and with an aim to increase our level of customer satisfaction, Saint John Energy increased its management focus in the area of customer service and expanded its customer service team to include specialized commercial account representatives during the year. Saint John Energy expanded on its highly successful "Peace of Mind" water heating program, providing a larger selection of model types to meet the requests of residential and commercial customers. In the fall of 1998 the Comrrussion was pleased to present its views on natural gas to The 53rd Legislative Assembly's Select Committee on Energy, at public hearings in Saint John. Saint John Energy outlined its concerns about the future development of natural gas distribution in the City of Saint John and the province in general. Providing good customer service requires making that extra effort. Such an effort was clearly demonstrated during the "January Ice Storm" when administrative and operational staff joined forces, working around the clock answering the thousands of calls from worried customers and lending comfort and advice during this extraordinary event. Finance The Commission enjoyed a successful financial year with a net income from operations of $1,924,115, an increase of $391,125 from the previous year. Revenues for the year decreased $1,343,373, while total . expenses decreased $1,734,498, reflecting unusually mild weather during the year. mljam n V__eW 6 kWh Sales By Rate Class For 1998 Residential 47 2% 7% Power Purchased 5 Year Comparison 62 61 0 60 59 58 `m 0 57 0 56 55 4.5 4 w 3.5 0 3 2.5 w 2 1.5 0 1 0.5 0 1998 1997 1996 1995 1994 Year Operational Expenses 5 Year Comparison 1998 1997 1996 1995 1994 ❑ Customer Service ■Admin. ■Operations 5"n1pFn JEnerw 7 Revenues Operational revenues totaled $70,556,233, a decrease from 1997 of $1,371,525 or 1.91 %. Residential revenue classes reflected a 5.61% decrease in sales, as compared to 1997, with General Service and Industrial sales showing a slight increase over the same period. As approximately 56% of the Residential rate classification is made up of electrically- heated homes (customers), weather patterns greatly affect the annual revenues. During 1998 mild weather lead to a decrease in overall electrical sales. Expenses The total cost of energy purchased decreased $2,368,394, or 3.84% to $59,243,974. This decrease reflects the unusually mild weather patterns experienced during much of 1998. Operations and Administration expenses increased by $664,206 or 12.60% over 1997- January 'Ice Storm" costs as well as expenses associated with preparations for the possibility of a deregulated electrical industry contributed to these increases. Plant & Equipment Net property, plant and equipment increased by $2,666,463 or 10.79 %. Total expenditures on all property, plant and equipment amounted to $4,609,642. The majority of this amount is associated with the purchase of equipment for the completion of the Somerset Street substation and the purchase of stainless steel water heaters used in Saint John Energy's "Peace of Mind" water heating program. Debt Long -term debt decreased by $710,984 or 10.78 %. This decrease reflects maturity repayments made during the year. The Commission's Capital Structure at year end was 36.49% (see table page 8). A ratio below 50% is considered to be acceptable for a municipal electric utility. Rental Equipment As an additional service to its customers Saint John Energy offers the rental of both water heating and area lighting services. In addition, the Convnission rents street lighting to the City of Saint John. Revenues from these activities increased by $227;398 or 10.60% over 1997. The majority of this increase reflects the increasing numbers of "Peace of Mind" water heating rentals. Key Financial Ratios for the Commission Ratio 1998 1997 Capital Structure 36.49% 40.10% Capital Structure measures the amount of debt in the financial structure. CS = Debt */ (Debt+ Equity) * Note debt is net of special funds. Interest Coverage 4.13 3.21 Ratio (ICR) The Interest Coverage Ratio indicates the number of times that interest charges can be paid through earnings. ICR= (Operating income+ Special Fund earnings + interest) i (Gross interest + debt discount) Return on Total 7.03% 6.20% Assets (ROI) Return on Total (Assets /Investment) Measures the relationship between net income and the net assets of the Commission. ROI = Income for Operations / Net Assets 50% 40% 30% 20% 10% 0% 5.0 4.0 3.0 2.0 1.0 0.0 8% 7% 6% 5% 4% 3% 2% 1% 0% Capital Structure 5 Year Comparison 1998 1997 1996 1995 1994 Interest Coverage Ratio 5 Year Comparison 1998 1997 1996 1995 1994 Return on Investment 5 Year Comparison 1998 1997 1996 1995 1994 '",tphn EJ V —e 8 Aerating Statistics Summary of Operating Statistics 307687 305640 1998 30,468 1997 51115 1996 5,052 41917 1995 3502 1994 35,658 357387 Annual Peak Billing Demand (000's kW) ..... ............ 228.7 236.1 229.4 2382 249.1 Kilowatt hours purchased ( millions ) ....................... 923.4 972.5 957.4 935.0 954.0 Employees at the end of year. ........... ........ ........... 92 90 88 88 94 Customers at the end ofyear Residential............... ............................... . Commercial — Industrial ................... _.......... Average Revenue — All classifications combined (in cents per kW hour of total energy sales) .............. .n)ol... JEV ems! 9 30,763 307687 305640 307633 30,468 5,114 51115 5,052 5,052 41917 35,877 3502 35,692 35,658 357387 7.71 7.58 7.35 7.20 6.99 Results of Operations As a percentage of customer charges N Earnings " 3% Energy Purchased 82% Expenses 2% 13% * Other includes Debt service & Taxes. ** Retained and used for operations. (Not including amounts shown as Net Pension Expense Recovery) Persnel l During 1998, the following employees retired: Hubert E. Ayles 31 years of service - Outside Clerk Peter D. Greene 30 years of service - Night Service Man i - V. Douglas Knorr 26 years of service - Lineman - William E. Murphy 30 years of service - Customer Service Clerk ) Barry R. Nice 32 years of service - Assistant Director of ! Operations - j The Commission acknowledges with thanks the man l g y years of dedicated service provided by these employees and wishes them well in their - retirement years. The Commission's employees are its most valuable assets, and so to assist with their personal and family needs, provides an Employee Assistance - - Program. The Commission also encourages its employees in their efforts to 1 - enhance their skills through continued education. - Many of the Commission's staff give service to the community by donating their time and talents in support of organizations such as the United Way and the Saint John Board of Trade. The Commission's staff also contribute to the well being of the community through fund raising events like the } annual "Rally of Hope" in support of health care in our local area. Additional financial support for local charities comes in the form of payroll deduction programs, as well as donations from the proceeds of casual dress Fridays, a voluntary program that to date has raised nearly $11,700 for local l charitable organizations. The Comm ssion is proud to support its g P pP We Pot a0 ant.' employees in all of these endeavors. - %%�.,y TOWER �— iota s¢rvm9 4au: l As a responsible member of our business community the Commission is proud to be an active participant in both the University of New Brunswick's aCo -op program and the New Brunswick Youth Apprenticeship Program. "Rally of Hope" Team - Saint John Both programs offer valuable employment experience to the young people Energy's 1998 "Rally ofHope' team, 1 of our community while at the same time providing numerous benefits to �- the sponsor employers. The Commission thanks its employees for their support and sincere efforts 1 in improving all areas of the Commission's operations. J J 1 1 l _ 1_�° _ 10 I rt of Management The financial statements of The Power Commission of the City of Saint John are the responsibility of management and have been approved by the Commission. They have been prepared in accordance with generally accepted accounting principles as established in Canada. The financial statements have been prepared within reasonable limits of materiality, incorporating management's best judgement regarding all necessary estimates and all other data. These principles have been applied on a basis consistent with that of the preceding year. The financial information presented elsewhere in the Annual Report is consistent with that in the financial statements. Management maintains a comprehensive system of internal controls including written policies and procedures and an organizational structure that segregates duties to ensure the integrity and objectivity of the financial data. These measures provide reasonable assurance that transactions are recorded and executed in compliance with legislation and required authority, that assets are properly safeguarded and that reliable financial records are maintained. The responsibility of the external auditors, KPMG. is to express an independent, professional opinion on whether the financial statements are fairly presented in accordance with generally accepted accounting principles. The Auditor's reports outline the scope of their examination and their opinion. On behalf of the management: ti 14e .,4417 y -. Richard A. Burpee - P. Eng. General Manager April 21, 1999 nerrgy 11 A.L. Furness - CMA Manager of Finance & Administration 1 AUDITORS' REPORT TO THE COMMISSIONERS - We have audited the balance sheet of The Power Commission of the City of Saint John as at December 31, 1998 and the statements of operations, earnings retained and cash flows for the year > then ended. These financial statements are the responsibility of the Commission's management. Our responsibility is to express an opinion on these financial statements based on our audit. ) 1. 1 We conducted our audit in accordance with generally accepted auditing standards. Those standards : require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the Commission as at December 31, 1998 and the results of its operations and the changes in its financial position for the year then ended in accordance with generally accepted accounting principles. ) 1 Our audit was conducted for the purpose of forming an opinion on the basic financial statements of the Commission taken as a whole. The supplementary information included in the schedule of details of revenue and the schedule of details of expenses is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such supplementary information has been 3 subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. ) } ) Chartered Accountants ) Saint John, New Brunswick ) February 12, 1999 ) -19ne 12 glance Sheet THE POWER COMMISSION OF THE CITY OF SAINT JOHN Balance Sheet December 31, 1998, with comparative figures for 1997 1998 1997 Assets Property, plant and equipment (note 2): Land, buildings, plant and equipment $ 49,2142603 $ 45,298,291 Less accumulated depreciation 21,834,777 20,584,928 2773795826 24,713,363 Long -term assets: Loans receivable 555,507 7595862 555,507 759,862 Current assets Cash 334,898 - Investments (note 3) 618,925 914,815 Accounts receivable (note 4) 6,240,064 75546,716 Accrued revenue receivable 3,221,555 31577,555 Goods and services tax recoverable 11017,574 15023,722 Inventories 1,330,652 13418,683 Prepaid expenses 114,448 152,027 12, 878,116 141633,518 Deferred pension costs (note 5) 4,250,144 3,1832644 $ 45,0635593 $ 43,2905387 s�,pdn JEp q'W 13 1 Liabilities Long -term debt (note 6) Current liabilities 1998 1997 $ 5,881,981 $ 6,592,965 Bank indebtedness 1657940 Payable to the New Brunswick Power Corporation 75476,789 7,844,483 Accounts payable and accrued liabilities 21175,858 2,210,649 Current portion of long -term debt (note 6) 732,000 670 000 107384,647 10,891,072 Earnings retained and used for operations (note 7) Reserve for contingencies 1,050,000 1,050,000 Reserve for indemnity insurance 600,000 600,000 Earnings retained, invested in assets 271146,965 24,156,350 289796,965 25,806,350 See accompanying notes to financial statements. On behalf of the Board: Z� z z Commissioner General Manager $ 45,063,593 $ 43,290,387 Mllfjohn _ WW 14 1. Statement of Operations and Earnings Retained THE POWER COMMISSION OF THE CITY OF SAINT JOHN Statement of Operations and Earnings Retained Year ended December 31, 1998, with comparative figures for 1997 1998 1997 Revenue $ 71,288,308 $ 72,631,681 Electrical energy purchased 599243,974 619612,368 12,044, 334 11,019,313 Expenses Operating and maintenance 41088;920 31687,678 Customer service 21174,280 2,219,120 General and administrative 21648,471 27295,827 Interest on long -term debt 614,807 694,321 Utility and property taxes 593,741 5897377 10,120,219 9,486,323 Earnings from operations before net pension expense recovery 179247115 125327990 Net pension expense recovery 170667500 769,700 Net earnings 21990,615 2,302,690 Earnings retained and used for operations, beginning of year 25,806,350 23,503,660 Earnings retained and used for operations, end of year $ 28,796,965 $ 25,8061350 See accompanying notes to financial statements. Salm/aLa ier9!Y 15 7 1 ) ) ) l } ) Statement of Cash Flows THE POWER COMMISSION OF THE CITY OF SAINT JOHN Statement of Cash Flows Year ended December 31, 1998, with comparative figures for 1997 1998 1997 Cash flow from operating activities Cash received from custon Cash paid to suppliers and Interest paid Interest received Sales taxes paid, net of in iers $ 832782,468 $ 7825582237 employees (77,574,605) (74,4682683) (6072991) (6872505) 469,353 507,635 ut credits (803,191) (1,541,744) 5,266,034 22367,940 Cash flows from investments: Purchases of property, plant and equipment, net of disposals (41609,642) (33300,110) Proceeds from sale of investments 295,890 840,580 Loans receivable 204,355 (175998) (471092397) (2,477,528) Cash flows from financing activities: Payments on long -term debt (655,800) (696,800) Net increase (decrease) in cash 5007837 (806,388) Cash (bank indebtedness), beginning of year (165,940) 640,448 Cash (bank indebtedness), end of year $ 3347897 $ (165,940) See accompanying notes to financial statements ) o es to Financial Statements THE POWER COMMISSION OF THE CITY OF SAINT JOHN Notes to Financial Statements Year ended December 31, 1998 Commission biography: The Power Commission of the City of Saint John is the principal supplier of electrical energy to the residential, general, industrial, and municipal sectors of the City of Saint John. This electrical energy is purchased from the New Brunswick Power Corporation. The Commission operates under the name Saint John Energy. 1. Significant accounting policies: (a) Property, plant and equipment: Property, plant and equipment are stated at cost net of any recoveries. Depreciation is provided using the straight -line method at the following annual rates: Asset Rate Buildings 2.5% Transmitting equipment 3.33% and 4% Tools, working and office equipment 20% Rental equipment 15% Automotive equipment 10 %, 15% and 16.67% Computer equipment and software 33.33% Certain transmitting equipment is retired from the accounts when fully depreciated. (b) Inventories: Inventories of merchandise, construction and maintenance supplies, are valued at average cost. (c) Revenue: Billings to residential, general and industrial customers are rendered monthly on a cyclical basis. Municipal street lighting is billed at the end of each month. Accrued revenue is estimated and recorded in respect of the period from the last cycle billing date to the end of the fiscal year. JET VY 17 i 2. Property, plant and equipment: 1998 1997 Accumulated Net book Net book Cost depreciation value value Land, buildings and transmitting equipment $ 36,588,218 $ 16,2667911 $ 20,321,307 $ 19,709,922 Construction in progress 11000,339 - 1,000,339 617,319 Tools, working and office equipment 1,187,063 802,317 384,746 348,810 Rental equipment 5,910,564 214687370 31442,194 2,0412430 Automotive equipment 2,1481107 1,4425185 705,922 4782749 Computer equipment and software 570,208 5252538 44,670 75,944 Equipment available for use 1,8102104 3292456 11480,648 1,441,189 $ 492214,603 $ 211834,777 $ 27,3791826 $ 24,713,363 3. Investments: The quoted market value of the investments is $ 745,821 as at December 31, 1998 ($1,0095692 in 1997). 4. Accounts receivable: Customer accounts Less allowance for doubtful accounts 1998 1997 $ 5,9533470 $ 61764,476 ZG7 Onn 07C nn� ,360 7,640,479 71,296 93,763 $ 6,240,064 $ 71546,716 ,,jam„ Jay 18 5. Pension costs and obligations: The Commission maintains a defined benefit pension plan which is available to all employees and which provides pensions based on years of service. The plan is funded by employee contributions of a fixed percentage of salaries and employer contributions for the balance required to fund accrued pension benefits as determined by actuarial valuation. A detailed actuarial report prepared as of January 1, 1997, and a less detailed review as of December 31, 1997, indicate that the present value of the accrued pension benefits is approximately $34,364,000 ($32,683,200 in 1997). Pension fund assets at fair market value are approximately $48,386,200 ($47,822,000 in 1997). Annual experience gains and losses, and the excess of pension fund assets at December 31, 1988 over the accrued benefit obligation as at that date, are being amortized to income over the expected average remaining service life of the plan participants. The resulting recognition of estimated pension surplus and employer funding contributions have been reflected in the balance sheet as at deferred pension costs. 5.50 % - 7.50% On February 5, 1998, the Fund made a payment to the Commission in the amount of $2,518,815. These funds were then distributed to the Pension Plan members. June 29, 1999 6. Long -term debt: Long -term debt consists of amounts payable to The City of Saint John represented by serial debentures payable by the City in annual principal instalments until December 20, 2005, bearing interest and having final maturity dates as follows: Interest rate Maturity date 1998 1997 10.50% -10.75% June 22, 1998 $ $ 870,000 10.25 % - 10.87% June 29, 1999 1,155,000 11290,000 10.25 % - 10.50% November 22, 1999 1,153,000 1,288,000 5.50 % - 7.50% December 23, 2003 17574,000 1,682,000 6.250 % - 7.87% December 20, 2005 1,999,600 2,166,400 5.25% - 5.50% August 25, 2003 759,000 - 62640,600 7,296,400 Less: Unamortized bond discount 265619 33,435 Current portion of long -term debt 7325000 670,000 $ 51881,981 $ 6,5921965 The aggregate maturities of long -term debt for each of the five years subsequent to December 31, 1998 are as follows: 1999 - $7325000; 2000 - $834,000; 2001 - $8392000; 2002 - $844,000 and 2003 - $849,000. It is expected that the Commission will refinance all of the above debt upon maturity. The aggregate maturities of long -term debt for each of the five years have been adjusted to reflect this refinancing. JRnergg 19 7. Earnings retained: Under the regulations of the Municipalities Act, the Commission is permitted to establish a reserve fund with respect to the financing of capital assets. Transfers to such a fund in any one year may not exceed 7% of gross revenue from the sale of electric power. The Commission has complied with the 7% guideline in the current and all prior years. 8. Ice storm: The Commission incurred damages to equipment as a result of an ice storm which occurred in January 1998. The Commission has applied for funding of approximately $384,000 through the Emergency Measures Organization. This contingent asset has not been reflected in these financial statements. 9. Fair value of financial assets and financial liabilities: The fair value of the Commission's financial assets and financial liabilities, except for investments and long term debt, approximate their carrying value. The investments have an estimated fair value equal to the quoted market value as disclosed in note 3. The long term debt, having a carrying value of $6,613,980 (1997: $7,262,965) is estimated to have a fair value of $7,100,000 (1997: $7,900,000). Fair value has been calculated using the future cash flows (principal and interest) of the actual outstanding debt instruments, discounted at estimated current market rates available to the Commission for the same or similar instruments. 10. Related party transactions: Included in revenue are amounts for energy sold to the City of Saint John and included in expenses are services purchased from the City. These transactions are in the normal course of operations and are measured at the exchange amount, which is the amount of consideration established and agreed to by the related parties. 11. Uncertainty due to the Year 2000 issue: The Year 2000 issue arises because many computerized systems use two digits rather than four to identify a year. Date - sensitive systems may recognize the year 2000 as 1900 or some other date, resulting in errors when information using year 2000 dates is processed. In addition, similar problems may arise in some systems which use certain dates in 1999 to represent something other than a date. The effects of the Year 2000 Issue may be experienced before, on, or after January 1, 2000, and if not addressed, the impact on operations and financial reporting may range from minor errors to significant systems failure which could affect an entity's ability to conduct normal business operations. It is not possible to be certain that all aspects of the Year 2000 Issue affecting the entity, including those related to the efforts of customers, suppliers, or other third parties, will be fully resolved. ��, f1l" JEnergy 20 evenues THE POWER COMMISSION OF THE CITY OF SAINT JOHN Schedule of Details of Revenue Year ended December 31, 1998, with comparative figures for 1997 1998 1997 Lighting and power: Residential service $ 30,526,394 $ 327341,031 General service 329433,344 327418,277 Industrial service 43702,097 4,551,450 Municipal street lighting 13154,321 1,116,303 Area lighting 530,496 524,400 Water heater rentals 1,209,581 976,297 70,5562233 71,927,758 Other revenue: Interest: Cash 102,339 55,107 Special funds 83,164 146,508 Customer loans 47,515 53,879 Customer accounts 236,335 252,141 Connection charges 146,920 123,097 Sundry 115,802 73,191 732,075 7037923 $ 71,288,308 $ 72,6317681 lmJuh,. 1 ROW 21 l ) ) l ) Y ) ) ) ) ) ) ) ) ) ) ,t 1 ) l ) ) THE POWER COMMISSION OF THE CITY OF SAINT JOHN Schedule of Details of Expenses Year ended December 31, 1998, with comparative figures for 1997 General and administrative expenses: 1998 Salaries and wages 1997 Operating and maintenance expenses: Office 320,383 207,612 Professional services Salaries, wages and related benefits $ 1,821,348 $ 12610,524 Contractors 298,795 200,297 Employee benefits 102,474 Vehicle Payroll levies 1607008 160,914 180,949 Other equipment 107,566 127,437 92,987 101,665 Substations 52,556 553368 Poles 242946 24,384 Pole hardware 122,452 84,584 Conductors 53,238 367838 Line transformers and fixtures 21,791 70,491 Meters and devices 23,667 232297 Street lighting 28,518 24,534 Insurance 48,838 44,436 Depreciation 11317,173 1,226,950 Provision for disposal of contaminated oil 13,490 15,996 Obsolete inventory written off 5,853 30,000 Loss on disposal of equipment 67,308 557188 $ 41088,920 $ 37687,678 Customer service expenses: Salaries and wages $ 11234,309 $ 1,167,255 Meter reading 5,385 59704 Customer billing 246,763 232,478 Bad debts 180,912 288,871 Promotion of business 61575 31,000 Water heaters 345626 60,114 Depreciation 465,710 433,698 $ 2,1747280 $ 2,219,120 General and administrative expenses: Salaries and wages $ 9482855 $ 825,428 Office 320,383 207,612 Professional services 76,511 69,364 Building 308,600 2162020 Miscellaneous and general 298,795 261 ,1 34 Employee benefits 340,434 286,926 Payroll levies 1682143 160,914 Insurance 93,763 107,566 Depreciation 92,987 160,863 $ 2,648,471 $ 2,295,827 m,jo 1EP2e/W 22 1 31ossary of Terms Distribution The process of moving electric energy at lower voltages from major substations to customers. kVA (kilovolt ampere) The total measurement of power consumed, both real and reactive; 1,000 volt amperes. kV (kilovolt) A unit of pressure, or push, of an electric current: 1,000 volts. kilowatt Hour (kWh) A unit of bulk energy: 1,000 watt hours. (The measurement generally used for billing residential customers.) MVA (Mega Volt Ampere) The total measurement of power consumed, both real and reactive; 1,000,000 volt amperes. Substation Electrical facility where the voltage of the incoming and outgoing circuits is changed and controlled. Transformer Electromagnetic device for changing the voltage of alternating current (AC) electricity. HIPS High pressure sodium. A type of electric lamp used in street and area lighting applications. MV Mercury Vapor. A type of electric lamp used in street and area lighting applications. SevilJnhn ne 23 Saint John REV � Our Mission Provide the City of Saint John with prompt and courteous service and contribute to the community's social and environmental objectives while delivering a safe and reliable supply of power at the lowest cost possible. Saint John Energy 239 Charlotte Street Postal Address: Saint John, New Brunswick, Canada P.O. Box 850 Voice - (506)658 -5252 Fax - (506)65&0868 Saint John, N.B. E21- 4C7 www.sjenergy.com 06 -07 -9S 07:14 ID= P.01 Mary Mumford Common Clerk City of Saint John P.O. Box 197 Saint John New Brunswick E2L 4L I To the attention of Loyalist Days Inc. Heritage Celebration 107 Germain ,Street R0.Bm 6135, Sin. 'A7 Saint John, N. l., E2L 4R6 Tel: (506)634 -8123 Far(506)634 -8770 E -mail: loyalist @nbmet. nb. ca Your Worship Mayor Shirley McAlary and City Council Members. June 5, 1999 The Loyaljst Heritage Festival formally known as Loyalist Days Heritage Celebration shall be celebrated from Sunday, July I I, 1999 to Saturday, July 17, 1999 in the City of Saint Jobn, New Brunswick. We are writing to request permission to make a presentation to Open session on Monday, June I4, 1999. Our representative will be Mr. George Teed who shall speak on our behalf Mr. George Teed will be informing Your Worship and City Council Members of our Festival plans as well as formally requesting f nancial .assistance. YOU s Truly, \ James Anderson President June 10, 1999 The Common Council City of Saint John Your Worship & Councillors: `list gar• nol Gevrnain St. 9P.0, TOx -6155, Station A Saint 3ohit,, q ,E ,, CE j�,& e` ei +(5o61534�81Z3 37ax ,+(506*34'-&710- tE—mai[: root4ist@n6net.nb:ea The purpose of our request to appear before you is to acquaint you with the fact that Loyalist Days Inc. is planning to again celebrate the Loyalist founding of our City and Province by continuing the festival which has become part of our tradition over the past thirty years. We have decided- to' avoid the- continuing confnrsiorr with the- Provincial Loyalist Day on May 18' by changing the name of the celebration to "Loyalist Heritage Festival'. The plan is that it will be a fully active program of seven days of events, running- fi-om- July II`s tor I7'. We have already developed- a major program of activities. We are approaching council with a request for your active support in this festival by way of assistance in publicity and of course financial. The latter item, we realize, may be a bit of a problem, but in order to make this a somewhat easier request for council to consider, we are asking that the council sponsor a full page add of the program at an estimated cost of $3, 000.00 and any other form of support. It is important to show the public that the City Council supports this now historic festival. This will encourage others to sponsor events or otherwise support our program for the enjoyment of our citizens and visitors. We would point out that the work in preparing and executing this program is being done completely by volunteers and involves many hours and days of work and planning. In closing, we ask your favourable consideration of our requests for support. Yours truly, Victoria Netten Assistant Secretary LOYALIST HERITAGE FESTIVAL 1 #tar July 11-17 1999 DRAFT P"GR4MHE Sunday, July 11 AM Flag Raising Church Services Wreath Laying at Ludlow's Grave Joy Boyce's Flea Market Bingo Loyalist Heritage Festival Auction by Al Auctioneers Noon Opening Ceremonies (Loyalist Plaza) Re- enactment of Loyalist Landing PM House & Garden Tour of Loyalist Houses Loyalist Heritage Festival Singing Tour Iron Maidpn Concert (Harbour Station) Monday, July 12 - Aboriginal Day AM Flag Raising Pancake Breakfast (Fort Howe) PM Loyalist Heritage Festival Auction by Tim Issac's Court of Pie Powder (City Market) Presentation of Deputy Market Clerk Certificates (City Market) Imperial Theatre Tours Presentation to City Council of Miniaturized Paintings of Historic Buildings Bonfire - Fort Howe Tuesday, July 13 - Acadian/Francophone Day AM Flag Raising Pancake Breakfast (Fort Howe) PM KV Players (King's Square) Court of Pie Powder (City Market) Presentation of Deputy Market Clerk Certificates (City Market) Imperial Theatre Tours Loyalist Heritage Festival Scavenger Hunt q02ak Dad qnc. 107 Germain St., T.0, 'Box 6155, Station A Saint 3okn, rjj., CE29g @e1.(5o6)634 -8123 3�ax:(5o6)634-8710 CE -mail: "artst@i nbnet.n6.ca Wednesday, July 14 - Older Person's Day AM Flag Raising Pancake Breakfast (Fort Howie) Loyalist Homemade Bread & Jam Sale by United Empire Loyalist League Lion's Bingo PM Court of Pie Powder (City Market) Presentation of Deputy Market Clerk Certificates (City Market) Imperial Theatre Tours Mayor's Tea (Loyalist House) Visit to Oldest Citizen Grandparent /Grandchild Walk (Rockwood Park) Grandparent/Grandchild Visit to the Children's Playground Limerick Contest (City Pubs) Thursday, July 15 - United Kingdom Day AM Flag Raising Pancake Breakfast (Fort Howe) PM KV Players (King's Square) Court of Pie Powder (City Market) Presentation of Deputy Market Clerk Certificates (City Market) Imperial Theatre Tours Loyalist Heritage Singing Tour Ghost Walk Friday, July 16 - Multicultural Day AM Flag Raisin Pancake Breakfast PM Court of Pie Powder Loyalist Heritage Festival Walking Tour of Mount Pleasant Loyalist Heritage Festival Pub Crawl Saturday, July 17 - Family Day AM Farmer's Market Kid's Events (McAllister Place) Dog Show Antique Car Show Kite Flying PM The People's Parade (Marching groups and floats) Closing CFremonies EVENTS IN PLANNING Fish Chowder Supper (Carelton Kirk) Loyalist Egg Painting Contest (Baleman's - City Market) Grandparent/Grandehild Ice Cream Challenge Cherry Brook Zoo Grandparent/Grandchild Day Theme Lunch Specials at Local Restaurants Loyalist Heritage Festival Beer Garden at Casey's Loyalist Man Sidewalk Chalk Drawing Competition (proposed every day) a ,9llagur'0 Office June 9, 1999 MITI �ttixtf Jbi1kC, �- �- OPEN SESSION OF COUNCIL Deputy Mayor Chase and Members of Common Council P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 Deputy Mayor and Councillors: Presentations to be made at Open Session of Council on June 14, 1999: ♦ Saint John Salvage Corp. — Long Service Medals ♦ Environment Week Awards Yours sincerely, l� Shirley A. McAlary MAYOR SM/meg P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E21- 4L1 • (506) 658 -2912 (Mite of Saint 104n, &N, P. June 7, 1999 Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Council: RE: City of Saint John Environment Committee Essay and Poster Contest — District 8 The City of Saint John Environment Committee is pleased to provide you with a list of the winners of the 1999 Essay and Poster Contest for students in District 8 Elementary Schools. Students in Kindergarten to Grade 4 were asked to submit posters using the theme " Don't Waste Your Garbage: Recycle'. Students in grade five were asked to write an essay on the same topic. The Committee members would be honoured if you would present the winners with their Certificates of Recognition and prizes at the Council meeting on Monday, June 14"'. The list of the prize winners is attached. A total of 210 entries were received and a Certificate of Recognition will be forwarded to the schools to be passed on to all students who submitted entries. The schools which participated in the contest were Princess Elizabeth, Forest Hills, Lakewood Heights, Island View School, and Loch Lomond School. Respectfully submitted, .� V� Secretary, Saint John Environment Committee attachment KINDERGARTEN -POSTER CONTEST $25.00 BRITTANY PRINCESS GOODINE ELIZABETH $15.00 MICHELE PRINCESS CROUSE ELIZABETH $10000 NIKOLAUS PRINCESS MCKINNON ELIZABETH GRADE ONE — POSTER CONTEST $25.00 KYLE FOREST HLLS $25.00 MARSDEN ELIZABETH $15.00 DONALD FOREST HILLS $15.00 THOMPSON ELIZABETH $10000 COURTNEY LAKEWOOD DAVIDSON HEIGHTS GRADE TWO - POSTER CONTEST $25.00 AMANDA PRINCESS McKILLOP ELIZABETH $15.00 JON SALMON PRINCESS ELIZABETH $10000 DAVID LUCK PRINCESS ELIZABETH GRADE THREE — POSTER CONTEST $25.00 LEVI PRINCESS ELLINGWOOD ELIZABETH $15.00 MARY JANE ISLAND VIEW McAFEE HEIGHTS $10000 GREGORY LOCH LOMOND COLLINGS SCHOOL GRADE FOUR - POSTER CONTEST $25.00 SARAH PRINCESS BEVERIDGE & ELIZABETH GEORGINA SCHOOL TELMAN $15A0 BEN SALMON PRINCESS ELIZABETH SCHOOL $10000 KATIE PRINCESS HENDERSON & ELIZABETH MEGAN SCHOOL HENIiERSON ESSAY CONTEST - GRADE FIVE $25.00 LACEY PRINCESS ELLINGWOOD ELIZABETH $15.00 JOREL BOYCE PRINCESS ELIZABETH $10000 JESSICA RHYNARD PRINCESS ELIZABETH Cfflagnr's fOfftce Min, PROCLAMATION J�aint Jn4n,X_ ?_ WHEREAS: the City of Saint John has more than 300 licensed Amateur Radio operators who have demonstrated their value in public assistance, by providing emergency radio communications; and WHEREAS: these Amateur Radio operators donate these services free of charge to the City, in the interest of the citizens of the City as well as the world; and WHEREAS: these Amateur Radio operators are on alert for any emergency, local or world -wide, and practice their communication skills during the American Radio Relay league, Inc.'s Field Day exercise; and WHEREAS: this year's Amateur Radio Field Day will take place on June 26 -27, 1999. NOW THEREFORE: I, Shirley A. McAlary, Mayor of the City of Saint John, do hereby proclaim t week of Ju 21 -2 , 199 "Amateur Radio Week" in the City of Saint John. IN WITNESS WHEREOF I have set my hand and caused the seal of the Mayoralty of the City of Saint John to be affixed hereto. P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 4L1 • (506) 6582912 Cfilagar's fl�ffice O 'gaint 104n, N_ P. PROCLAMATION WHEREAS: the world leaders gather in Cologne, Germany June 18th to 20tn, 1999; and WHEREAS: the petition calling for the cancellation of the debts of the highly indebted poor countries of the Third World will be presented to the leaders at that time; and WHEREAS: the week of June 14 — 215 1999 has been identified as GLOBAL WEEK FOR ACTION OF DEBT. NOW THEREFORE: I. Shirley A. McAlary, Mayor of the City of Saint John, do hereby proclaim the eek of Jun 4 -21, 1999 "GLOBAL WEEK FOR ACTION OFDEBT" in the City of Saint John. IN WITNESS WHEREOF I have set my hand and caused the seal of the Mayoralty of the City of Saint John to be affixed hereto. P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E21- 4L1 . (506) 6582912 aitg of J�ttinf 304n, �K. P. May 28, 1999 Mayor Shirley A. McAlary 8a' Floor, City Hall Your Worship: Re: City of Saint John Environment Committee Annual Award and Poster and Essay Contest for District Eight Elementary Schools The members of the Saint John Environment Committee would be honoured if you would make presentations to the winner of the Annual Environment Award and the student winners of the Essay and Poster Contest during Council's meeting on June 14, 1999. Mrs. Jeanne MacDonald, the Committee's selection to receive the 1999 City of Saint John Environment Award was nominated for her personal commitment to preserving the environment and for her involvement in local community environmental efforts. Yours truly, Joan Thorne, Secretary . CITY OF SAINT JOHN ENVIRONMENT COMMITTEE v Copy: Mary L. Munford, Common Clerk City Hall 15 Market Square OPEN SESSION June 9, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: P.O. Box 1971 Saint John New Brunswick Canada E21, 41,1 ;4t, R City of Saint John In the past few weeks, I have had conversations with many people along Greenhead Road. Last week, I spoke to another person on that city street, and she informed me that the same sidewalks that are on Greenhead Road now, the broken and cracked asphalt sidewalks, are a menace to the elderly people still living on that road. She informed me that those sidewalks are the same ones that existed when she moved to the Greenhead Road forty -five years ago. It is clear also that the Kingsville Road, Milford Road, Russell Hill Road, Dwyer Road and Church Avenue have all been re -done with concrete curbs and sidewalks and the people of the Greenhead Road feel, understandably, a little left out. This woman further informed me that nine years ago they were informed they were on a list, a list which to this day has not brought their number any closer to the top. Could we please, make an allocation from the capital works budget to do Greenhead Road ahead of some of the other projects that have less severe consequences for the citizens. Chase r Mayor DC /jaf bmitted, City Hall P.O. Box 1971 15 Market Square Saint John J New Brunswick Canada E21, 4L1 OPEN SESSION June 9, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: r City of Saint John I would like to propose a motion that we extend our thanks and best wishes to the outgoing MLA's from the Saint John area, with whom we have been privileged to work with over these past several years; and that we offer them our best wishes for the future recognizing the value of their public service to their community. I also propose that we, by way of letter, extend our congratulations to the new MLA's - elect for the region and offer our encouragement to make their job of supporting Saint John and enhancing the social and economic health of Saint John easier in the months yet to come. Respectf I submitted, ek C as Deputy Mayor DC /jaf June 10, 1999 Your Worship and Fellow Members of Council: On various occasions, during my present term as a councillor, I have heard concern over tracking the resolutions passed by council of which have been initiated by any one individual Councillor. This is a particular concern to me. I propose a simple and easy to method of tracking such resolutions. Please find attached to this letter, a spread sheet prepared on a computer program. This spread sheet lists, describes and tracks councillor requests. The data base, once established can easily be added to and updated. I suggest this would be a good working tool for both councillors and staff. It would provide a reference for staff as to what issue may be outstanding and also as a record to councillors to what information they requested or issue they may have addressed and the denouement of such information and issues. I only propose this for councillor requests only (including a request from any councillor and passed as a resolution that may stem from any agenda item). Although the council minutes provide a record of all council resolutions, this proposed method of tracking would provide an easily and fast reference for resolutions specific to councillor requests. I would recommend that the common clerks office adopt this method in addition to present recording procedures. Regards ncillor Stephen Chase NT JOHN COMMON COUNCIL - RECORD OF COUNCILLOR REQUESTS 1999 Number of times which council meets in open session of Tucker Park / need for improvements TE MOTION 1999 , Council will meet in open ;session every second Monday until 17- May -99 further notice. 31- May -99' Refer to staff for report MOVED BY Councillor Titus passed F] completed Councillor Ball passed ,pending Need for portable toilets in ball fields 31- May -99. Refer to staff for report Councillor Ball passed pending Removing parking meters fees for Saturdays 00- April -99 ! Refer to Parking Commision for report I'ICouncillor Titus I passed -- pending -I I i I i REPORT TO COMMON COUNCIL OPEN SESSION M &C99 -208 June 9, 1999 Her Worship Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT Availability of Funding — Glen Falls Home Owners BACKGROUND ch City of Saint John At its meeting of May 3, 1999, Council referred correspondence from Mr. Mervyn Neill of 114 Glen Road to the City Manager. Mr. Neill's letter expressed concern regarding the availability of funding to homeowners in Glen Falls. ANALYSIS Mr. Neill purchased his home at 114 Glen Road approximately two years ago. The house is a wood frame, single storey structure with a full basement; most of which is below grade. Mr. Neill has indicated that water has entered his basement a number of times in the past two years. In January and again in March of 1999 the Fire Department responded to flooding problems at this location and have pumped out the basement. Mr. Neill's concerns are as follows: • The residents of Glen Falls have been neglected by the City. Monies are available for new construction (HIP grant) but not for existing homes. • The New Brunswick Housing Corporation discriminates against the residents of Glen Falls by not providing funding to repair flood damaged homes. - 2 - The sewage system is overworked resulting in sewerage going in to his basement. • The cost of raising Mr. Neill's house and making necessary repairs is estimated to be $35,000. Mr. Neill's home is located in a particularly low -lying area of Glen Falls. This, in conjunction with having a full 8 -foot basement, results in the elevation of his basement floor being lower than the level of the water in Marsh Creek, particularly during periods of peak flows. When water enters the basement, the only way to remove it is with high yield pumps. There is only one practical solution to this problem. The house could be raised and the basement space backfilled, leaving only a ventilated crawl space. Mr. Neill agrees with this approach but has indicated that he is unable to finance this work at this time. Mr. Neill suggested that monies received by the City from the sale of compensatory storage could be earmarked for the repair of residential properties in Glen Falls. The Building Inspector, in response to Mr. Neill's concerns, had discussions with staff of N. B. Housing, regarding the availability of grants and structured loans. Although there is no program specific to Glen Falls, the property owners in this area are evaluated against the same eligibility criteria as in other parts of the Province. N. B. Housing advises that funding eligibility is determined by the applicants income level, the nature of the necessary repairs (cosmetic repairs do not qualify), and the resultant value of the home after repairs have been made. Further, funding is not normally advanced in situations where the repairs are likely to be short lived (i.e. repairs to a roof where the walls or foundation is deteriorated). N. B. Housing would not likely provide funding to Mr. Neill unless it could be shown that the repairs were both needed and of a permanent nature. Simply repairing the existing damage and running the risk of future water damage would not be considered to be a prudent expenditure of N. B. Housing funding. At the time this report was prepared, Mr. Neill had not made formal application to N. B. Housing for assistance. With respect to storm water management on the street, Council at its meeting of December 14, 1998, approved a capital water and sewer construction project on Glen Road, which would replace the existing 24- inch storm line with a new 30 -inch line. It is expected that this new sewer -3- line will improve street drainage considerably. However, staff has informed Mr. Neill that during flood events, the capacity and efficiency of the new storm line will be governed by the elevation of the water in the Marsh Creek. Mr. Neill's basement will still take in water during flood events. Mr. Neill was also briefed on all the flood abatement initiatives currently being pursued by the City and the N. B. D. O. T. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, Wm. Edwards, P. Eng. J /Pa0b MacKinnon,,?. Eng. & Deelooment Services Terrence Totten, CA City Manager WE /pmc REPORT TO COMMON COUNCIL May 27, 1999 M&C -99- 203 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: BACKGROUND City of Saint John The City received a letter from Property Maintenance Ltd., which manages the common areas of Candlewood Lane, requesting parking be restricted on both sides of Candlewood Lane. This matter was considered at the May 25th meeting of Council and referred back to staff for a recommendation on one -sided parking. ANALYSIS Candlewood Lane is a one way street off University Avenue running in an easterly direction for 0.378 km and is 6.7 metres wide. Under the Traffic By -Law there are no parking restrictions. The Transportation Association of Canada (TAC) standard for a one -way street is at least one 3 -metre wide travel lane with an additional 2.4 metres for each lane of parking for a total of 5.4 metres for parking on one side. Candlewood Lane is 6.7 metres wide, allowing parking on one side. The request from Property Maintenance Ltd. is to ban parking on both sides. If parking is to be permitted on one side only, staff recommends that parking be restricted on the north side of Candlewood Lane. Section 194 (1) of the Motor Vehicle Act states: "Subject to subsections (2) and (4), no person shall stop or park a vehicle, or leave a vehicle standing upon a highway other than on the right hand side of the highway and with the right -hand wheels of the vehicle parallel to and within fifty centimetres of the curb or outer edge of the shoulder". With traffic moving from west to east on this one -way street, parking would be permitted on the south side. /�V AV M&C -99 -203 Parking on Candlewood Lane May 27, 1999 Page 2 INPUT FROM OTHER SOURCES The Board of Property Maintenance Ltd., for Candlewood Lane, had requested that parking be restricted on both sides. A number of calls were received from individual residents requesting that parking be restricted on one side only. FINANCIAL IMPLICATIONS The additional signage necessary can be absorbed within existing budgets. C4 X414) 0 10 k • : 11C•7k1 It is recommended that the following amendment to the Traffic By -Law receive first and second reading and further that it be referred to the Legal Department for appropriate action. TRAFFIC BY -LAW ADD TO SCHEDULE "B" - NO PARKING ANYTIME STREET LIMITS SIDE Candlewood Lane Entire Length North submitted, Terrence L. Totten, C.A. City Manager perations �k . REPORT TO COMMON COUNCIL M & C 99- 202 May 26, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: LOADING ZONE - UNION STREET BACKGROUND City of Saint John The City has received a request from a number of merchants on Union Street between Germain Street and Charlotte Street for a parking meter space. The location is currently designated as a loading zone under the Traffic By -Law. ANALYSIS The space has been used alternatively as a loading zone and a parking space. Conflicting requests have been received as to its designation. In order to determine the opinion of all the merchants on Union Street between Germain Street and Charlotte Street, a survey asked them whether they would like to see a loading zone or a parking meter space at this particular location. The results indicate that the majority of the businesses in that area favour a parking meter space on the street in order to better service their customers. Only one merchant on the south side of the street wants the loading zoned retained. At the present time there are two other loading zones in the area. One is located on the corner of Dorchester Street and Union Street and the other is located on the corner of Coburg Street and Union Street. M &C -99 -202 Loading Zone - Union Street Page 2 ANALYSIS - Cont'd. The site in question is located on the south side of Union Street across from Dorchester Street. Under the City's Parking Meter By -Law, commercial vehicles have the right to park at a parking meter for up to fifteen minutes provided they are actively engaging in loading and unloading. INPUT ,FROM OTHER SOURCES The Saint John Parking Commission supports the recommendation. Their survey of the merchants is attached. RECOMMENDATION It is recommended that the following amendment to the Traffic By -Law receive first and second reading and further that it be referred to the Legal Department for appropriate action. TRAFFIC BY -LAW Delete from Schedule "P"- Loading Zones Union Street South Side Commencing at a point 39 metres west of Charlotte Street and extending 6 metres westerly. Terrence L. Totten, C.A. City Manager aerations PARKING SURVEY OF BUSINESSES ON UNION STREET FOR PROPOSED PARKING CHANGES FROM A LOADING ZONE SPACE TO A PARKING METER SPACE NAME PARKING METER LOADING ZONE Lo alist City Coins Yes - Four Corners Framing & Gifts Yes - Union Street Bingo No Response No Response Acadian Stained Glass Yes - Buried'Treasures - Yes ** Kitchen Craft Used Appliances Yes - Permanent Choice Yes - Tobin's Tobacco Shop- - Dad & Lad's Barber Shop Yes - Design Freedom Hair Styling Yes - Paul's Place Yes - Rescue Centre Yes - The Second ShopYes - Bill's Used Furniture - Yes* Central Denture Yes Acropolis Deli - Yes* The Second Shop Yes I - Wizard's Tattoo I Yes I - Both of these businesses have close access to a loading zone on Coburg Street (Corner of Union and Coburg Streets) ** Closest loading zone for this business is on Dorchester Street. Buried Treasures is located on the south side of Union Street in the middle of the block between Union Street and Dorchester Street. REPORT TO COMMON COUNCIL OPEN SESSION M &C -99 -212 May 14, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Housing Incentive Program Application HIP -90 & HIP -91 ANALYSIS: MR City of Saint John There have been 89 earlier applications, for a total of 702 units, previously approved for the Housing Incentive Program. The potential assessment increase will be over $66.5 million when all of the developments are completed. The following additional applications have been received. Applicant Location # and Type Estimated of Unit Grant #90 Mike Cavanagh Cameron Court 12 units $1209000 Homes (off Somerset Street) townhouses 491 S & A Holding Marlin Drive and 16 units $160,000 Limited Daniel Avenue one family These applications will result in 28 houses being established over the next two years. The total increase in assessment is estimated to be over $3.5 million. 1. Strategic Plan Conformity/Existing City Policy The developments meet the criteria of the program as approved by Common Council on April 21, 1996. Report to Common Council May 14, 1999 Page 2. 2. Input from Other Sources Estimates of construction have been reviewed and reflect the proposed building. RECOMMENDATION: It is recommended that Common Council approve the Housing Incentive Program application for: HIP# 90 Mike Cavanagh Homes for an estimated grant of $120,000. HIP# 91 S & A Holding Limited for an estimated grant of $160,000 Respectfully submitted, f�4 w >im R. Baird, MCIP Manager Comm ity Planning �/1.� ytfil�� �C'y Terrence Totten, CA City Manager JRB /mmf 3 3) V7�1� ��� 25 23 21 n, 5 ' c 32 205 14 153 149 i x 171 � \J 0 P 19 186 ;2 z 2 12 O 4 10 8 6 0 COMMUNITY PLANNING 9 S Fa6Se 10 12 �. \ o 87\V9 275 271 004 300 02 67 298 255 Q 296 P 249 251 0 �� 9 27 0 / H.I.P.# 90 Subject Site: Address: Cameron Court Map Number: 05N -88NE Date: June 10, 1999 Scale: N.T.S. 311 ET STREET o S�MERS v9 r 85 \89 N b(S IU Number 55121875 9 91 y 90 i IG "I'll, f,wW COMMUNITY PLANNING eEDELL�— AVENUE, { SOS q el 17 17 as. a,+ $° 9 yEBER TERRNa is 19 MARLW COURT' ,UE $' •• ao Miss, 'Mn, w,.� ' x». �� •# '�•'• u r , „ ' i CRESCENT a°'�^ W o ' MARLIN TERRACE GPARI w,e 53 a 8n r. a •u ,rx YM w. j ow^ i ' DA EL AVE<WE A � ell" re J n° ' S; via 0 Ile qs 74 In le s. - .. • ww a. 4° sR° 1 °° V nww,. 1 7���r E f � 0 hGF `\ w 4r::i's Yr t14a ?s�6wm ^. J•�r• ? 1p ell WOOD CPES -1 / \ is, ae a °m. ur ar i m + CO, H. I. P.# 91 I Subject Site: Address: Marlin Drive and Daniel Avenue Map Number: 07N — 60SE Date: June 11, 1999 Scale: N.T.S. NBGIC Number (s): 55004063 55002091 REPORT TO COMMON COUNCIL OPEN SESSION M &C -99 -204 City of Saint John June 10, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Request for Placement of a Mini -Home 3396 Loch Lomond Road INTRODUCTION: The Municipalities Act enables Common Council to include a provision in its Mobile Home Parks By -law in order to permit individual mobile homes, on a temporary basis not to exceed one (1) year, on properties that normally would not permit such structures due to their zoning designations. While previous Councils have debated this practice, the exercising of this authority has continued. It has been Common Council's practice to consider these requests on a compassionate basis. Previous applications have involved the health of a family member, economic hardship, or a temporary approval so that a conventional home could be constructed in the future. Renewals have been granted in a number of cases allowing the mobile home to remain for many years. ANALYSIS: An application has been received from landowner of the subject property to place a mini -home on the large parcel of land. The landowner's elderly parents would reside in the mini -home, which would be situated approximately 107 metres (350 feet) from Loch Lomond Road. The applicant has indicated that the mini -home would be removed when his parents no longer need it. Hopefully, this would not occur for about ten (10) or more years. Report to Common Council Page 2 June 10, 1999 The landowner has also indicated that the mini -home site would be screened by tall trees and not be readily visible from neighbouring properties along Loch Lomond Road. A long driveway access from the road would be constructed to the mini -home, and a separate well and septic disposal system would be installed. The area is zoned "RS -1" One and Two Family Suburban Residential. The Zoning By -law does not permit the placement of mobile homes (mini- homes) in this area. However, as mentioned, Common Council does have the authority to allow the mini -home for a temporary period. N.B. Department of Public Health Services has indicated that the site can be modified and made suitable for the installation of on -site facilities. Public utilities are available from existing overhead facilities. Access would be provided by the construction of a long driveway from Loch Lomond Road. Additional vehicular access is also available from Cooks Lake Road to the south. The Fire Department has been made aware of this application, and has no objection provided the driveway is properly constructed. Engineering and Building and Technical Services have no objection to this proposal. The Mobile Home Parks By -law does not require any public notification for this type of application. Since it has not been the practice of Common Council to seek public participation, no letters have been sent to surrounding property owners regarding this matter. Strategic Plan Conformity/Existing City Policy The Goals of Saint John indicate that a variety of housing types be provided to meet the needs of all Saint Johners. The Municipal Development Plan policies indicate that mobile homes (mini - homes) are one of a variety of housing types that have a role in providing residential accommodation in Saint John. They, like other forms of housing, should be located in a manner that creates a compatible residential environment. 2. Input from Other Sources N.B. Department of Public Health Services has received an application from the landowner for the installation of on -site facilities for the proposed mini -home. Based on the large area of the subject property, and an initial inspection, the site can be modified and made suitable for the installation of a septic disposal system. Fire Department has indicated that the region is beyond the hydrant area and water for fire fighting purposes is via tanker truck. Given the length Report to Common Council June 10, 1999 1, of the proposed driveway, there will be a requirement for a turnaround facility capable of handling the expected weight of fire fighting vehicles at or near the proposed mini -home. Saint John Energy has indicated that adequate overhead facilities are available in the area. Any necessary easements for service delivery can be negotiated with the landowner when service is requested. NBTel has indicated that service would have to be extended to the proposed site. A distance over 90 metres (295 feet) from existing service will result in a cost to the landowner. Details can be discussed with the applicant when service is requested. Engineering has no objection to this proposal. Building and Technical Services has no objection to this application. Financial Implications N/A RECOMMENDATION: If Common Council so wishes, pursuant to the Mobile Home Parks By -law, permit a mini -home to be situated on the large property at 3396 Loch Lomond Road for a temporary period of one (1) year. fully submitted, R. Bpird, MCIP iagCommunity Terrence Totten, C.A. City Manager MO/ laude MacKinnon, P.Eng. Commissioner COMMUNITY PLANNING _ „ <„ AD 4 0.a `OCN LO MOND RO 1369 1299 V 3401 315 , OILLCRE51 ROAD 11424 342 3 '4 3377 WS a 37 4 / RS— 1 337 g LS b 3370 13 \ \ 0320. b 19 40 35 s / O C bi 9 \97 RS- 1 R6 Iq Cooks Lake 30 15 5 26 71 31 55 54 0 6 RS-1 a5 41 °y y 6 153 1 Y O U 0 9 111 3LAS I E ROAD 15 75 w 0 10 90 P 6 w 0 Douglas Lake 175O�m 176 NO / NBGIC Number (s): Subject Site: 00330126 Address: 3396 Loch Lomond Road Map Number. 07P -C1 Date: May 20, 1999 Scale: N.T.S. REPORT TO COMMON COUNCIL M &C 99 - 200 June 14, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council: Your Worship and Councillors: SUBJECT: Supply of Portable Toilets to Playing Fields BACKGROUND: r4a City of Saint john At the last meeting of Common Council, staff was asked to provide information on the costs associated with supplying portable toilets at fields utilized by youth. Information was also requested on the schedule of usage, the number of fields, and the users (children or adults). The only sports fields equipped with permanent toilets and washrooms are the primary fields located at Shamrock Park, Memorial Field, and Forest Hills. Allison Grounds is considered a primary field and has traditionally been supplied with a portable toilet. In past years, staff has received a number of requests from various groups for the City to provide toilet facilities at other fields. The City has supplied portable washrooms from time to time for special events and even for seasonal use, usually with some degree of cost sharing between the parties. However, the City has never provided portable washrooms at all fields. ANALYSIS There are thirty-two fields booked for Baseball, Softball, Slo- Pitch, etc., fourteen of which have toilet facilities, these being the fields at: Shamrock Park; Memorial Field; Forest Hills and Allison Grounds. The remaining eighteen fields do not have toilet facilities. Fourteen of these fields are primarily used by minor groups, and four primarily by adult groups. On average the "ball' season generally runs from mid -May to mid - September (four months). Due to favorable weather conditions this year some fields were opened earlier. There is about three months remaining in the 1999 season. Attached for the information of Council is a listing of all scheduled fields and booking which indicate the user groups. The fields highlighted in bold print do not have toilet facilities. FINANCIAL IMPLICATIONS The cost of each portable toilet is $75.00 per month which includes one weekly servicing. Each additional servicing costs $35.00. Normally one servicing per week is sufficient, but during tournaments additional servicing is required. Staff recommends that if the City is going to increase the level of service it provides to the secondary fields by providing portable toilets (seasonally), that all secondary fields programmed by the City receive the same level of service. It is difficult to choose which fields will be serviced and which ones will not. Staff sees three alternatives. Alternatives: 1) No change from present practice. No additional cost. 2) Provide toilet service at the fields used by youth groups only. Cost: (14 fields X $75.00 X 3 months X 1.15 HST = $3623.00). 3) Provide toilet service to 18 fields used by youth and adults. Cost: (18 fields X $75.00 X 3 months x 1.15 HST = $4,658.00) These estimates do not cover the cost of additional servicing for tournaments or special events. There are no funds specifically budgeted for this service in the Community Services Department Budget. Staff is supportive of complying with this request and supports alternative #3, as it will provide a better service to all users. Also there has been a growing demand for this service from adult leagues as the number of mixed and female teams increases. Providing this increase in service in 1999, may mean a small over expenditure in the operating budget. In future years, however, the additional cost could be offset by increasing field rental fees to the adult users. Staff are preparing a report on fee schedules for sport fields for 2000 which will recommend to Common Council increased rates for adult users. RECOMMENDATIONS It is recommended that Common Council direct staff to provide portable toilet facilities on a seasonal basis at the 18 fields which do not have toilet facilities, as identified in the attachment to this report. Respectfully submitted, Bernie Morrison, Director Recreation & Parks ision i I 1 P x� City Manager 1999 PERMANENT FIELD BOOKING WEEK: WEST FIELD MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY Memorial Baseball BUC. ALPINES JR. ALPINES EXPOS SR. ALPINES ANGELS AQ 7 - 11 PM 6 -11 PM 6 -11 PM 6 PM - 12 AM 6 PM - 12 AM 6 PM - 12 AM Memorial Softball ORTHODOX ORTHODOX MOOSEHEAD 6 -7:30 PM SJ SLO SJ SLO WHISTLE SHOP 12 -5PM 6 PM - 12 AM 6 PM - 12 AM METRO 7:30PM - 12 AM 6 PM - 9 PM 6 PM - 12 AM LABATT 6 PM - 12 AM Barnhill LMBA 5 PM - LMBA 5 PM - LMBA 5 PM - DARK LMBA 5 PM - LMBA 5 PM - LMBA 9 - 5 PM LMBA 9 - 5 PM DARK DARK DARK DARK St. Rose LMBA SPM - DARK LMBA SPM - LMBA 5PM - DARK LMBA 5PM - DARK LMBA SPM - LMBA 9 - 5 PM LMBA 9 - 5PM DARK DARK Havelock LMBA SPM - DARK _ LMBA SPM - LMBA SPM - DARK LMBA SPM, DARK LMBA 5PM - LMBA 9 - 5 PM LMBA 9 - 5 PM DARK DARK Seawood LMBA SPM - DARK LMBA SPM - LMBA SPM - DARK LMBA SPM - DARK LMBA 5PM - LMBA 9 - 5 PM _ LMBA 9 - 5PM DARK DARK Quentin Heights LMBA SPM - DARK LMBA SPM - LMBA SPM, DARK LMBA 5PM - DARK LMBA SPM - _ LMBA 9 - 5 PM DARK DARK Market Place SP. OLYMPICS LEAVITT CARLETON LMBA 5PM - LMBA 4 PM - DARK 6PM - DARK 6 PM - DARK 6 PM - DARK DARK Milford LMBA SPM - DARK LMBA SPM - LMBA SPM - DARK LMBA SPM - DARK LMBA SPM - LEAVITT 10 - 4PM LMBA 3PM - DARK DARK DARK Lorneville RABA 6 - 9 PM RABA 6 - 9 PM RABA 6 - 9 PM RABA 6 - 9 PM RABA 12 - 9 PM MINOR LEAGUES: ESLL - East Saint John Little League; NELL - North End Little League; LMBA - Lancaster Minor Baseball Association; SELL - South End Little League BOLD PRINT DESIGNATES FIELDS WITHOUT TOILET FACILITIES SHADED BOXES REPRESENTS MINOR GROUPS 1999 PERMANENT FIELD BOOKING WEEK: NORTH FIELD MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY Thornbrough NELL 5PM - DARK NELL SPM - DARK NELL SPM - DARK NELL 5PM. DARK NELL SPM. DARK NELL 9 - 5 PM NELL 1 - SPM (Anglin Drive) St. Peters WATTS 6PM - DARK CROWE'S 6PM - WHISTLE SHOP ST. PETERS' PETES WATTS 11 - 5 PM DARK 6PM - DARK 6PM - DARK Taylor Avenue NELL 5PM • DARK NELL SPM - DARK NELL SPM - DARK WELL SPM - DARK NELL SPM - DARK Shamrock 3 NELL 5PM - DARK NELL SPM - DARK SJ SLO 6PM DARK NELL SPM - DARK NELL 5PM - DARK NELL 9 - 4 PM NELL 9 - I SJ SLO S.L.L. Field 4 PM 4PM- DARK Shamrock NELL 5PM - DARK NELL SPM - DARK NELL SPM - DARK NELL SPM - DARK NELL 5PM - DARK NELL 9 - 5 PM NELL 9 - 5 PM L.L. Behind Centennial Shamrock #1 AQ CANADIANS ALLIED 6PM - 12 AM COED 6 - 10:30 PM ALLIED 6 - 10 PM CHURCH 6PM -12 AM COED 6 - 10:30 PM Softball 6:30 - 10:30 PM Shamrock #2 COED 6PM -12AM JDI 6PM -12AM COED 6 - 10:30 PM CHURCH 6PM -12AM COED 6 - 10:30 PM Softball Lr. Shamrock #1 COOK - FRISBEE CHAMBERLAIN- COOK - FRISBEE Soccer 5 -8PM FRISBEE 5 -8PM 6 -9PM Lr. Shamrock #2 Fundy Soccer Fundy Soccer Field Hockey 6 - 7:30 PM 6 - 7.30pm MINOR LEAGUES: ESLL - East Saint John Little League; NELL - North End Little League; LMBA - Lancaster Minor Baseball Association; SELL - South End Little League BOLD PRINT DESIGNATES FIELDS WITHOUT TOILET FACILITIES SHADED BOXES REPRESENTS MINOR GROUPS 1999 PERMANENT FIELD BOOKING WEEK: SOUTH and EAST FIELD MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY Lakewood Heights ESLL SPM - DARK ESLL 5PM - DARK ESLL SPM" DARK ESLL 5PM - DARK ESLL SPM - DARK ESLL 10 - 2 PM Forest Hills #1 ESLL SPM - DARK ESLL 5PM - DARK ESLL SPM - DARK ESLL 5PM - DARK ESLL SPM - DARK ESLL 9 - 5PM ESLL 9 - 2 PM Forest Hills #2 ESLL 5PM - DARK ESLL SPM - DARK HARRY 6PM - DARK ESLL 5PM - DARK ESLL SPM - DARK HARRY 9 - 2 PM Forest Hills #3 SJ SLO 6PM - 12 AM ESLL 6- . SJ SLO 9PM 10-12 AM HARRY 6 -9PM SJ SLO 10 - 12 AM HARRY 6 - 9 PM ESLL 6 - 9 PM Forest Hills #4 SJ SLO 6PM - 12 AM SJ SLO 6PM - 12 AM SJ SLO 6PM - 12 AM SJ SLO 6PM - 12 AM SJ SLO 6PM - 12 AM SJ SLO 6PM -12AM Simonds Junior High ESLL SPM - DARK ESLL SPM - DARK ESLL 5PM - DARK ESLL 5PM - DARK ESLL SPM - DARK ESLL 9 - S PM ESLL 9 - 5 PM Champlain Heights ESLL SPM - DARK ESLL SPM - DARK ESLL SPM - DARK ESLL SPM - DARK ESLL SPM - DARK ESLL 9 - 5 PM ESLL 9 - 5 PM Red Head RED HEAD LL RED HEAD LL East Saint John SJGS 5PM -DARK SJGS 5PM -DARK JELLISON SPM - DARK SJGS SPM -DARK SJGS SPM -DARK SJGS 5PM -DARK Allison #I CHURCH 6 -9PM COED 6PM - 9 PM BUS. LADIES 6 PM - 12 AM COED 6 - 10:30 PM COED 6PM - 12 AM BUS. LADIES 6PM - 12 AM Allison #2 METRO 6PM - 12 AM LABATT 6PM - 12 AM BUS. LADIES 6 PM - 12 AM COED 6 - 10:30 PM COED 6PM - 12 AM BUS. LADIES 6PM - 12 AM Chown SELL 5PM - DARK SELL SPM - DARK SELL 5PM - DARK SELL 4PM - DARK Barrack Green SELL SPM - DARK SELL SPM - DARK SELL SPM - DARK SELL 5PM - DARK SELL 5 PM - DARK SELL 9 - 5 PM SELL 9 - 5PM MINOR LEAGUES: ESLL - East Saint John Little League; NELL - North End Little League; LMBA - Lancaster Minor Baseball Association; SELL - South End Little League BOLD PRINT DESIGNATES FIELDS WITHOUT TOILET FACILITIES SHADED BOXES REPRESENTS MINOR GROUPS % REPORT TO COMMON COUNCIL M &C 99- 196 June 7, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: Contract 99 -3: Chip Sealing - 1999 BACKGROUND City of Saint John The 1999 Capital Program for Transportation includes funding for a number of streets which are to be surface treated with chip seal, as indicated on the attached listing. The work consists generally of the supply of all necessary labour, materials and equipment for placing approximately 21,000 square metres of single chip seal on roads which are presently chip sealed. Preparatory work involving grading, ditching and asphalt patching will be carried out by City forces. TENDER RESULTS Tenders closed on June 2, 1999 with the following results: 1. Industrial Cold Milling Ltd. $ 50,650.00 Moncton, N. B. The Engineer's estimate for the work was $54,000.00. ANALYSIS The tender was reviewed by staff and found to be formal in all respects. Staff are of the opinion that the tenderer has the necessary expertise and the resources to perform the work. M &C -99- 196 Contract 99 -3 Page 2 FINANCIAL IMPLICATIONS There is $60,000.00 provided for this project in the 1999 Capital Program for Transportation. Assuming award of the contract to the low tenderer, an analysis has been completed by staff which includes the estimated amount of work that will be performed by City forces. The analysis concludes that funding is sufficient to complete all work identified in the contract. RECOMMENDATION It is recommended that Contract 99 -3: Chip Sealing - 1999, be awarded to the tenderer, Industrial Cold Milling Ltd., at their tender price of $50,650.00, as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Terrence L. Totten, C.A. City Manager rations o m Oa c '� ) m a n w W Z L yj t- w � Z N O N U, - 0 O m , CL m O N F Z Y V M o O Q Q U w m F U) U Z d ai + + FmUU cnn Z O U _ N N - m M M Y V M o O m a m p m lfi ai + + cnn C? m m m m ri ri . J + Q m m m F O + " Fto m + a N N o N m (p 10 mE�a W co � V ^ a w�u'i 2 2 j r S � I I � j N N w 0 0 ! O O � y a v V O O j U O N r w W C >. O. o. N O O O O - d c O O a o y m `m E Q O O LO O O N c 0 0 d y m y O O co m Q 0 p � I M E R' n W W m � � o m o 0 O^ x N � Z to U co p Toot O o _ N N 'root X U O N � i m M a O N 0 0 t A oWo .a F + -. s 0 0 I O W OW t000t 0 w n N U Q z V REPORT TO COMMON COUNCIL e ®e M & C — 99 -201 City of Saint John 8 June, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Electrical Maintenance Services — Water & Sewerage Services Division BACKGROUND: Tenders have been received for the establishment of a supply agreement for electrical maintenance services to all water and waste water treatment facilities, on an as and when required basis. This is traditionally a 2 year agreement which requires the bidders to submit hourly labour rates and material mark -up percentages for each of the 2 years. As stated above, facilities used for water and waste water treatment and distribution are specifically covered under this bid process and supply contract. These operations are industrial in nature and contain equipment that requires a different skill set than would be needed to maintain a primarily office or recreational application. ANALYSIS: Three companies chose to respond to the City's publicly advertised tender call by submitting bids. PAGE TWO ANALYSIS ... cont'd: The following is a breakdown of the tender submissions for your consideration; #1 Journeyman Reg Hours Journeyman Overtime Hrs Mark -up on Materials I Year 1 Year 2 28.00/hr 28.00/hr 28.00/hr 28.00/hr 10% 10% H.I.D. Electric Year 1 Year 2 Journeyman 22.90/hr 22.90/hr Reg Hours 36.00 /hr 36.00hr Journeyman 22.90/hr 22.90/hr Overtime Hrs 54.00/hr 54 /00/hr Mark -up on 9% 9 % Materials 20% 20 % 113 Power & Control Year 1 Year 2 Services Inc. Journeyman 36.00 /hr 36.00hr Reg Hours Journeyman 54.00/hr 54 /00/hr Overtime Hrs Mark -up on 20% 20 % Materials *all taxes are extra PAGE THREE ANALYSIS ... cont'd: Staff of Materials Management and the Water and Sewerage Services Division have reviewed the bids and have found them to be complete in every regard. FINANCIAL IMPLICATIONS: The total cost of electrical maintenance cannot be accurately predicted from year to year. Staff do however estimate, based on historical data, what the value of this work will be. Based on an annual approximation of 1000 hours of regular time and 200 hours of overtime and $20,000.00 worth of vendor supplied materials, and using the prices submitted by the lowest bidder, staff estimate that the total cost of this service, per year, will be $49,280.00(tax extra). Funds to cover electrical maintenance are included in the annual operating budget. RECOMMENDATION: It is recommended that the tender of H.I.D. Electrical, for the establishment of a supply agreement for the provision of electrical maintenance services for the Water and Sewerage Services Division be accepted, in accordance with the prices contained herein, for a term of 24 months from the date of award by Council. WAM A, L. 1 V ll�ll, l City Manager TO REPORT TO COMMON COUNCIL M &C 99- 210 June 10, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: Contact 99 -2: Asphalt Resurfacing - 1999 BACKGROUND City of Saint John The 1999 Operating Budget for the Municipal Operations Department and the Capital Program for Transportation include provision for the resurfacing of a number of streets in the City. This is an annual program to upgrade and maintain deteriorating street surfaces. The work has been prepared by staff as Contract 99 -2 and includes all work associated with the resurfacing of a total of 41 separate streets or portions of streets. This contract consists generally of the supply of all labour, materials and equipment for the placement of approximately 11,357 tonnes of mix type "D" asphalt concrete and 3,852 square metres of asphalt cold milling (asphalt removal). Also included in this contract is the renewal of 36 lineal metres of concrete curbing, elevation adjustment and rebuilding of existing catch basins and manholes and other related work. TENDER RESULTS: Tenders closed on June 9, 1999, with the following results: 1) Classic Construction Ltd. $1,1551965.30 Saint John, N.B. 2) Lafarge Canada Inc. $1,1693995.90 Saint John, N.B. 3) Warren (Maritimes) Limited $ 1,198,799.00 Saint John, N.B. The Engineer's estimate for the work was $1,067,627.00 M &C99 -210 June 10, 1999 Page 2 ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. Staff are of the opinion that the low tenderer has the necessary expertise and the resources to perform the work. FINANCIAL IMPLICATIONS The contract includes work that is charged against several capital and maintenance work programs. Assuming award of this contract to the lowest tenderer, an analysis has been completed which included the estimated amount of work on these various individual projects. The analysis concludes that sufficient resources are included in the various applicable budgets to cover the planned work. RECOMMENDATION It is recommended that Contract 99 -2: Asphalt Resurfacing - 1999, be awarded to the low tenderer, Classic Construction Ltd., at their tender price of $1,155,965.30, as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. submitted, P Groody, P. Eng. Commissioner, Municipal Operations rence L. Totten, C. City Manager Attachment M&C99 -210 June 10, 1999 Page 3 * Denotes asphalt resurfacing to be carried out following concrete curb and sidewalk construction by others. STREET LIST STREET NAME LIMITS 1. Algonquin Place * Prince Street to dead end of street 2. Beacon Street * Mount Pleasant Avenue East to Edith Avenue 3. Broadview Avenue Carmarthen Street to dead end of street 4. Carmarthen Street (Part 1) * King Street East to Leinster Street 5. Carmarthen Street (Part 2) Union Street to King Street East 6. Catherwood Street Hwy No. 1 Off Ramp to Fairville Boulevard 7. Charlotte Street * Princess Street to Duke Street 8. City Road Haymarket Square Overpass to Delhi Street 9. Fundy Drive Lancaster Avenue to Young Street 10. Glen Road * Simpson Drive to Mackay Street 11. Golden Grove Road Civic No. 1925 to Civic No. 2010 12. Greendale Crescent * Dever Road to Mollins Drive 13. Guilford Street * Ludlow Street to Watson Street 14. Hazen Street Civic No. 99 to dead end of street 15. Highland Road Narrows Road to Civic No. 500 16. Highwood Drive * Mount Pleasant Avenue to dead end of street 17. Holland Street * Rothesay Avenue to Simpson Drive 18. Hwy No.1 Exit 107 Off Ramp Catherwood St. to along the ramp for 76 metres 19. King Street Canterbury Street Intersection 20. Kingsville Road * Tulip Street to Magnolia Street 21. Lorneville Road Point Road to Civic No. 2615 22. McNamara Drive Loch Lomond Road to Summit Drive 23. Millidge Avenue University Avenue to Hayward Court 24. Mount Pleasant Ave. East * Bayside Drive to Pleasant City Street 25. Norris Road Loch Lomond Road to 1997 Paving seam limit 26. Oakland Street Rockwood Avenue to dead end of street 27. Parkwood Avenue * Civic No. 124 to Sandy Point Road 28. Princess Street * Sydney Street to Wentworth Street 29. Russell Hill Road * Balmoral Crescent to Greenhead Road 30. Saint Patrick Street Market Square to Union Street 31. Sandy Point Road Hawthorne Avenue to Jack Street 32. Somerset Street (Part 1) * Rope Walk Road to beyond Superstore 33. Somerset Street (Part 2) Churchill Boulevard to Rope Walk Road 34. St. James Street Wentworth Street to Sydney Street 35. Suffolk Street City Line to Lancaster Street 36. Summit Drive McNamara Drive to Woods Avenue 37. Tilley Drive * McKenna Crescent to dead end of street 38. Union Street * Wentworth Street to Crown Street 39. Walter Street * Simpson Drive to dead end of street 40. Watson Street St. John Street to Saint George Street 41. Woodward Avenue * Boars Head Road to Conifer Crescent * Denotes asphalt resurfacing to be carried out following concrete curb and sidewalk construction by others. 1 REPORT TO COMMON :COUNCIL: M &C -99 -206 June 9, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council Your Worship and Councillors: RE: Collective Agreement - CUPE Local 486 BACKGROUND: City of Saint John The Collective Agreement between the City and Canadian Union of Public Employees Local 486, representing the City's inside workers, expired on December 31, 1998. Local 486 represents the Clerical and Technical staff of the City. This group of employees cover an extensive range of functions including but not limited to secretarial support, accounting staff and process clerks, engineering technicians, IT support staff and recreation supervisors. As a result of the success experienced with both Local 61 (Police) and Local 18 (outside workers) utilizing the "Interest Based Negotiation" process to arrive at a new collective agreement , City staff and Local 486 representatives utilized a similar process relative to their agreement. The City's representatives were Andrew Beckett, Bill Butler, Bill Edwards and Bill Todd. Following several months of meetings a tentative agreement was reached at the negotiating committee level subject to ratification by both Common Council and the members of Local 486. A summary of the terms and conditions of this agreement was presented to Common Council at a Committee of the Whole meeting held on May 17, 1999. Since that time the members of Local. 486 have ratified the tentative agreement and it is now appropriate for Council to consider the matter. Attached with this report is the text for the tentative agreement along with an Addendum relative to employees of the Board of Police Commissoners'and two Memorandums of Agreement dealing with a Job Evaluation Program and Entry Level Positions. Key Elements Term The proposed agreement provides for a three -year term commencing January 1, 1999 and expiring December 31, 2001. Wage Increases The agreement calls for a modest wage increase of four point two (4.2) percent over the three -year term with the final year's increases provided at mid -year as follows: Hours of Work The new contract attempts to provide greater flexibility for staff resources to be aligned with operational needs. As opposed to the customary approach of defining hours of work on a weekly basis the proposed contract defines the hours of work for employees on an annual basis. There are conditions in place within the contract as to how these hours of work may be utilized. Among these conditions are: two weeks notice required for any change in shift schedule minimum of 3.5 hours and maximum of 10.5 hours on shift union approval required to implement schedules outside core period of Monday- Friday lam — 7pm. Position Classifications An attempt has been made to streamline the number of position classifications for members of this bargaining unit. In the past the classifications have been specific to individual positions. By moving to more general classifications there is greater flexibility in moving staff with similar positions throughout the organization. This could become a very effective tool in staff development and career planning. 1999 2000 2001 Jan 1� 1% 1% 1.2% July 1, 0% 0% 1% Hours of Work The new contract attempts to provide greater flexibility for staff resources to be aligned with operational needs. As opposed to the customary approach of defining hours of work on a weekly basis the proposed contract defines the hours of work for employees on an annual basis. There are conditions in place within the contract as to how these hours of work may be utilized. Among these conditions are: two weeks notice required for any change in shift schedule minimum of 3.5 hours and maximum of 10.5 hours on shift union approval required to implement schedules outside core period of Monday- Friday lam — 7pm. Position Classifications An attempt has been made to streamline the number of position classifications for members of this bargaining unit. In the past the classifications have been specific to individual positions. By moving to more general classifications there is greater flexibility in moving staff with similar positions throughout the organization. This could become a very effective tool in staff development and career planning. Sick Leave Administration The proposed contract tightens up a number of aspects of sick leave administration. Some example are: sick time to be,deducted,orl.an: hour for hour basis (currently deducted only after more than half a day missed); mandatory medical. assessment with specific questions to be answered for employees missing 120 sick days in any 12 month period; no accumulation of vacations credits while in the sick bank. Health and Dental Costs The new agreement establishes a dollar specific cap on the City's share of future health and dental plan premiums. All current and future costs that are in excess of this specified cap will be home by the employees. This is the same provision that has been adopted by Local 61 and Local 18 in their latest contract with the City. Job Classification Program Although not incorporated within the agreement a Memorandum of Agreement has been developed which commits the parties to undertaking an evaluation of all positions within the bargaining unit utilizing a program developed by CUPE. This is to be undertaken later this year with a targeted completion date of March 31, 2000. Entry Level Positions The second Memorandum of Agreement proposed by the negotiating committee relates to the development of entry level positions for a number of job classifications. These entry level positions could be used as an effective means of providing development and career enhancement opportunities to new employees. Financial Implications The results of the financial review show a net cost of $385,000 over the three -year life of the proposed contract. These costs are for the most part equally attributable to each year of the contract and as such annual costs are estimated at $128,300. Details of the costing are attached. RECOMMENDATION: It is recommended that subject to approval by the City Solicitor as to legality and form, Common Council authorize the Mayor and Common Clerk to execute the Collective - Agreement dated May 1, 1999 between the City of Saint, John and CUPE Local 486, along with Addendum 1 attached thereto and That the Mayor and Common Clerk be authorized to sign the two Memorandums of Agreement dealing with a Job Evaluation Program and Entry Level Positions as presented. Respectfully submitted, L Andrew P. Beckett C.A. Commissioner of Corporate Services Terry Totten C.A. City Manager COSTING ESTIMATES - LOCAL 486AGREEMENT 1999 BUDGET @ 1998 RATES - REG 5,469,300 OT 162.500 5,631,800 1999 BUDGET 5 645,869 3 YEAR PROJECTED COST (SAVING) IN 1998 DOLLARS ACTUAL (A) Employees formally @ 37.5 hrs 12 emp x2.5hrs x 48wks x 18.61 x 1.5 • Cost of potential overtime 120,000 • Potential saving by scheduling (1000000) (B) On call pay (15:03) 71300 (C) Effect on communication center 10500 (D) Wage increase 211,000 1 %,1 %,1.2 %,1% (E) GROUP 1 POSITION RECLASSIFICATION 78,100 15 POSITIONS TOTAL 318,900 (1) Fringe Benefits @ 20.6% 65,693 $384,593 'IN ALL CASES ASSUMES MANAGEMENT REALIZES BENEFIT OF NEW CONTRACT PROVISIONS 1999 — 2001 WORKING AGREEMENT BETWEEN THE CITY OF SAINT JOHN, N.B. "THE EMPLOYER" and THE CANADIAN UNION OF PUBLIC EMPLOYEES, SAINT JOHN CITY HALL EMPLOYEES' LOCAL UNION NO. 486, C.L.C. "THE UNION" LOCAL 486 CONTRACT TABLE OF CONTENTS - SUB ARTICLES ARTICLE TOPIC PAGE # 1 INTENT AND PURPOSE OF AGREEMENT 7 2 RECOGNITION 8 2:01 Sole & Exclusive Bargaining Agent 8 2:02 Placement of new positions 8 2:03 Work of the Bargaining Unit 8 3 MANAGEMENT RIGHTS 9 4 UNION RESPONSIBILITY 9 4:01 No "Strikes" 9 4:02 Picket Lines 9 4:03 Union Co- operation 9 4:04 Public Safety Communications Centre 9 5 EMPLOYER RESPONSIBILITY 10 5:01 No "Lockouts" 10 5:02 No Discrimination 10 5:03 Job Security 10 (a) Contracting Out 10 (b) Reduction of Work Force 10 6 UNION CHECK -OFF 10 6:01 Monthly Deductions & Rand Formula 10 6:02 Insufficient Earnings 11 6:03 Acquainting New Employees 11 7 RESOLUTIONS AND REPORTS OF BOARDS 11 7:01 Employer Shall Notify Union 11 7:02 Copies of Resolutions 11 ARTICLE TOPIC PAGE # 8 MUTUAL INTEREST COMMITTEE 11 9 REPRESENTATION BY UNION 12 9:01 Proper Authorization 12 9:02 Negotiating Committee 12 9:03 Assistance of Other Representatives 12 10 SENIORITY 12 10:01 Seniority Defined 12 10:02 Seniority List 12 11 VACANCIES NEW POSITIONS, PROMOTIONS, AND TEMPORARY ASSIGNMENTS 13 11:01 Job Postings 13 11:02 Method of Making Appointments 13 11:03 Probation Period — new employees 14 11:04 Temporary Assignments 14 11:05 Method of Making Appointments 14 11:06 Casual Employees 14 12 GRIEVANCE PROCEDURE 15 12:01 Grievance Committee 15 12:02 Notification to Employer 15 12:03 Grievance Procedure Steps 15 12:04 Grievance Initiated at City Managers 16 Level 12:05 Replies to Grievances 16 12:06 Effective Date of Award 16 12:07 Grievance Mediation Process 16 13 ARBITRATION 18 13:01 Time Limits and Arbitrator 18 13:02 Arbitration Hearing 18 13:03 Expense and Remuneration 18 13:04 Duty of the Board of Arbitration 18 3 ARTICLE TOPIC PAGE # 13:05 Decision Binding on Parties , 18 18 13:06 No Grievance Shall, be Deemed Invalid 14 SUSPENSION OR DISCHARGE 19 14:01 Procedure & Notification to Parties 19 14:02 Unjust Treatment & Re- instatement 19 15 HOURS OF WORK AND OVERTIME 19 f Work 19 Hours o 15:01 20 15:02 Overtime 21 15:03 On -Call Pay 16 JOB CLASSIFICATION AND TRANSFERS 21 Classification Schedule 21 16:01 16:02 Classification of new positions 21 22 16:03 Job Transfers 17 SAILARIES3 INCREMENTS AND PREMIUMS 22 22 17:01 Salaries 22 17:02 Incremental Increases 22 17:03 Promotional and Acting Pay 22 17:04 Shift Differential 18 STATUTORY DESIGNATED AND PROCLAIMED 23 HOLIDAYS Paid Holidays 23 18:01 23 18 :02 Rates of Pay for Above Holidays 23 18:03 Holidays for shift employees 23 18:04 Holiday on a Scheduled Day Off 18:05 Employees required to work on a Statutory Proclaimed or Designated 23 Holiday 19 ARTICLE TOPIC 24 PAGE # 19 VACATIONS 21 23 19:01 Vacation Entitlement 23 19:02 Holidays during Vacations 24 19:03 Vacation Pay Advance 24 20 LONG - SERVICE PAY AND RETIREMENT PAY 24 20:01 Long- Service Pay 24 20:02 Retirement Pay 25 21 EMPLOYEE BENEFITS 25 21:01 Group Life Insurance 25 21:02 Medical /Dental Plan 26 21:03 Sick Leave Defined 27 21:04 Sick Leave Plan Accumulation 27 21:05 Deduction from Sick Leave 27 21:06 Proof of Illness 27 21:07 Sick Leave During Leave of Absence 28 and Lay -Off 21:08 Sick Leave and Vacation Leave 28 21:09 Sick Leave Bank 28 21:10 Sick Leave Bank Allotments 28 21:11 Sick Leave Records 29 21:12 Military Leave 29 21:13 Sick Leave and Military leave Schedule 29 22 TECHNOLOGICAL CHANGE 30 22:01 Improved Skills 30 22:02 Extensive Training Needed 30 22:03 Technological Change Defined 30 23 LEAVES OF ABSENCE 31 23:01 Bereavement Leave 31 23:02 Family Leave 31 23:03 General Leave 32 23:04 Special Leave 32 23:05 Union Business 32 s ARTICLE TOPIC PAGE # 23:06 . Union Conventions and/or Seminars • 32 23:07 Reimbursing Employer for Pay & Benefits 33 23:08 Maternity Leave 33 23:09 Court Duty 34 23:10 Christmas Leave 24 SAFETY 34 24:01 Safety Measures 34 Injury on In u Duty 34 24:02 1 y 24:03 Civic Employees' Safety Committee 35 35 24:04 Safety 25 GENERAL CONDITIONS 35 Bulletin Boards 35 25:01 25:02 Instructional Courses 36 36 25:03 Copies of Agreement 36 25:04 Correspondence 36 25:05 Definition of Word Designate(s) 36 25:06 Benefit to City 36 25:07 Definition of Day(s) 37 25:08 Plural & Gender 37 25:09 Access to Personnel File 37 25:10 Sick Leave Plan Registration 26 TERM OF AGREEMENT 37 Notification to Bargain 37 26:01 26:02 Changes in Agreement 37 27 SIGNATORIES 38 SCHEDULE "A" SALARY CLASSIFICATIONS 39 SCHEDULE "B^ SALARIES 40 SCHEDULE "C" essional Staff Administrative /Supervisory /Prof 42 Non -Union SCHEDULE "D" Medical Certification 43 Mobility of Employees 44 ADDENDUM1 6 LOCAL NO. 486 PREAMBLE: THIS AGREEMENT made and entered into this th day of May, A.D., 1999. 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- THE CANADIAN UNION OF PUBLIC EMPLOYEES, SAINT JOHN CITY HALL EMPLOYEES' LOCAL NO, 486, C.L.C., hereinafter referred to as "THE UNION ", of the second part. The parties hereto covenant and agree to the following: ARTICLE 1 - INTENT AND PURPOSE OF AGREEMENT 1:01 The parties to to create a re! dedicated to standards of constructively committed to foundation for this collective agreement are committed to working together ;ponsive, enthusiastic and respectful work environment - one providing quality, cost - effective service; achieving high personal and group performance; and resolving issues and for the common good. To that end, the parties are the principles of interest -based negotiation (IBN) as the building and maintaining effective workplace relations It is the intent and purpose of the parties to this Agreement to maintain harmonious and settled conditions of employment and the continuous and effective operation of all Departments concerned; to strive to improve the quality and efficiency of service supplied to the public; to promote the well- being, morale, safety, security, and productivity, of all employees within the bargaining unit - the parties hereto set forth the following terms and conditions relating to employment, remuneration, settlement of disputes and differences, hours of work, employee benefits and related matters affecting employees covered by this Agreement. 7 ARTICLE 2 - RECOGNITION 2:01 The Employer, or anyone authorized to act on its behalf, recognizes the Canadian Union of Public Employees, Local No. 486, C.U.P.E. as the sole bargaining agent for all employees of the employer engaged in clerical and technical work as outlined in the classification listing Schedule "A" attached hereto. The positions listed in Schedule "C" are management positions and are excluded from the Union bargaining unit. This Recognition article shall be subject to any certification order issued by the N.B. Industrial Relations Board, to C.U.P.E. Local No. 486 during the term of this agreement and affecting this agreement. The employer hereby consents and agrees to negotiate with the Union or any authorized committee thereof, in any and all matters affecting the relationship between the parties to this Agreement. 2:02 Clerical or technical positions created during the term of the agreement shall be mutually agreed between the parties as to whether the position created is within the bargaining unit or not. Where no agreement is reached, the Employer shall confirm such in writing to the Union and the Union will have ten (10) working days to refer the matter to the Industrial Relations Board. The Employer will not staff the said position until a ruling is received from the Industrial Relations Board or the parties agree. Failure to comply with the time limit will result in the position being designated as determined by the employer. Where it is determined to be a bargaining unit position by the parties or by the Industrial Relations Board, the parties shall negotiate the rate of pay and grouping of such position in accordance with Article 16. 2:03 Persons whose regular jobs are not in the bargaining unit shall not work on any jobs which are included in the bargaining unit, except for purposes of instruction, experimenting or in emergencies. 91 ARTICLE 3 — MANAGEMENT RIGHTS 3.01 The Union recognizes and agrees it is the right of the Employer to operate and manage its business and direct its working forces in accordance with its business commitments and responsibilities, to hire, discharge, classify, transfer, promote, demote, discipline, suspend, or lay -off employees, and to establish and enforce reasonable rules and regulations governing the conduct of its employees. The employer agrees that these rights shall not be exercised in discriminatory manner nor in a manner which is inconsistent with the expressed provisions of this Agreement, nor that established by custom. ARTICLE 4 - UNION RESPONSIBILITY 4:01 No "Strikes" The Union agrees that there shall be no strikes nor ordered stoppage of work by the Union during the term of this Agreement. 4:02 Picket Lines In the event that any other Employees of the Employer engage in a legal strike or where employees in an industrial dispute engage in a strike and maintain picket lines, the employees covered by this Agreement shall have the right to refuse to cross such picket lines. Failure to cross such a picket line by any member(s) of this Union shall not be considered a violation of this Agreement, nor shall it be grounds for disciplinary action. However, this clause shall not apply in cases of fire, flood nor hazard to life or property. 4:03 Union Co -Operation The Union agrees to co- operate with the Employer in securing punctual and regular attendance at work, and to do all in its power to eliminate tardiness or absenteeism for other than necessary reasons by employees who are members of the Union. 4:04 Public Safety Communications Centre Supervisors and Operators working in the Public Safety Communications Centre must maintain services in the event of any work stoppage and will not strike or be locked out. Q ARTICLE 5 - EMPLOYER RESPONSIBILITY 5:01 No "Lockouts" The Employer agrees there shall be no "lockout" of employees during the term of this Agreement. 5:02 No Discrimination It is agreed that there shall be no discrimination or coercion exercised or practiced with respect to any employee by reason of any ground prohibited by the Human Rights Act. 5:03 Job Security (a) Permanent employees shall not be laid -off nor suffer a reduction in working hours as a result of the Employer contracting out its services. (b) Permanent employees with a continuous service date prior to August 9, 1985 shall not be laid off. ARTICLE 6 - UNION CHECK -OFF REMITTANCES, RAND FORMULA, ETC. 6:01 Monthly Deductions & Rand Formula The Employer shall deduct from every employee covered by this Agreement who is on the active payroll, monthly dues and /or assessments determined and levied in accordance with the Union's Constitution, By -Laws and Amendments thereto, copies of which shall be supplied to the Employer. In accordance with the Rand Formula and as a condition of continued employment, the Employer shall remit to the Union Treasurer all monies deducted for each employee covered by this Agreement, irrespective of whether the employee is a Union member or not. Such membership is hereby recognized as a voluntary act on the part of the individual concerned. 10 6:02 Insufficient Earnings Should an employee not have sufficient earnings after mandatory deductions in respect of any month to permit such deductions, the Employer shall not be obligated to make such deductions from subsequent salary. 6:03 Acquainting New Employees The employer agrees to acquaint new employees with the fact a Union Agreement is in effect and with the conditions of employment set out in this and other Articles. ARTICLE 7 - RESOLUTIONS AND REPORTS OF BOARDS 7:01 Employer Shall Notify Union The Employer agrees that any reports or recommendations made to Common Council dealing with salaries and working conditions which affect employees within this bargaining unit, shall be communicated to the Union in time to afford the Union a reasonable opportunity to consider them and, if deemed necessary, of speaking on them when they are dealt with by the Employer. 7 :02 Copies of Resolutions Copies of resolutions and by -laws or rules and regulations adopted by Common Council which affect employees represented by this Union are to be forwarded to the Union. ARTICLE 8 — MUTUAL INTEREST COMMITTEE 8:01 Composition of Committee & Purpose For the efficiency of service, it is agreed by the parties that a Mutual Interest Committee be established, consisting up to six (6) representatives each from the Union and the Employer. The Committee, a forum for consultation during the life of this collective agreement, shall promote on -going dialogue on matters of concern and mutual interest, and function in accordance with the terms of reference established jointly by the parties. The Committee shall enjoy the full support of both parties in furthering the interests of improved service to the public and general welfare of the employer and employees 11 ARTICLE 9 - REPRESENTATION BY UNION 9:01 Proper Authorization With respect to matters arising out of this Agreement or incidental thereto, the following shall apply: (a) The Employer shall not bargain with nor enter into any Agreement with an employee nor group of employees in the bargaining unit. (b) No employee nor group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. In order that this may be carried out, the Union will supply the Employer with the names of its officers. Likewise, the Employer shall supply the Union with a list of its supervisory personnel with whom the Union may be required to transact business. 9:02 Negotiating Committee The Employer shall recognize a Negotiating Committee of not more than five (5) employees selected by the Union for the purpose of negotiating with the Employer. Matters of collective bargaining shall be handled by this Committee. 9:03 Assistance of Other Representatives The Union shall have the right at any time to have the assistance of representatives of the Canadian Union of Public Employees or any other representative when dealing with grievance, or negotiating the Working Agreement with the Employer. ARTICLE 10 - SENIORITY 10:01 Seniority Defined Seniority for the purpose of this agreement shall be defined as the length of continuous service with the Employer or with the Saint John Board of Police Commissioners in accordance with Addendum 1 attached which shall form part of this agreement. 10:02 Seniority List The Employer agrees to furnish a seniority list of all employees covered by this Agreement, with their Job Classifications during the first month after signing of this h u dates to this list including n Agreement. The Employer shall furs to additions, deletions, and changes on a timely basis as required. 12 ARTICLE11 - VACANCIES NEW POSITIONS PROMOTIONS AND TEMPORARY ASSIGNMENTS 11:01 When a vacancy occurs, a new position is tcreated or promotions are being considered either within the bargaining unit or outside, the Employer shall notify the Union in writing and post notice of the position in the Employer's offices, locker rooms, shops and on all bulletin boards. Such notice shall contain the following information: Nature of position, required knowledge, education, ability, skills and salary group. Time limits for job posting shall be as follows: (a) All vacancies shall be posted within twenty-five (25) working days following the vacancy arising. (b) Closing date for all job postings shall be fifteen (15) days following the date of posting. 11:02 Method of Making Appointments to a Permanent Position (a) Both parties recognize that job opportunity should increase in proportion to length of service. Therefore, in filling vacant and new positions, appointment shall be made of the applicant having the required ability and qualifications who is senior in service. Appointments from within the bargaining unit shall be made within thirty (30) calendar days from the closing date of job postings and salary increases shall be effective as of date of appointment. Notification of appointment is to be made in writing to the successful applicant. The successful applicant shall be placed on a trial period for a period up to six (6) months. In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period, they shall be so informed in writing of the reasons by their Department Head and be returned to their former position and rate of salary for that position. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to their former position and rate of salary. When Department Heads are considering promotions, a Union representative, selected by the Union, shall be notified to attend. (b) An employee appointed to a permanent position shall have up to fifteen (15) days to revert to their former position. A written notification of the employee's intention to revert to their former position must be received by the Manager of Human Resources within the above fifteen (15) day time limit. No consideration will be given to such a request after this specified period. The fifteen (15) days will begin from the time the employee actually is placed in the position. 13 11:03 Probation Period Newly hired employees for a permanent appointment to an established position, shall be considered on a probationary basis for a period of up to six (6) months from the date of hiring. During the probation period, employees shall be entitled to all rights and privileges of this Agreement. 11:04 Temporary Assignments Temporary assignments are recognized as a means of deploying staff to projectsitasks with limited duration. Temporary assignments with a duration of more than six (6) months are subject to mutual agreement between the Union and the Employer. The term of a temporary assignment shall not be extended without agreement from the Union. 11:05 Method of Making Appointments to Temporary Assignments Temporary assignments of less than 4 months shall first be offered to the senior qualified employee within the department. Temporary assignments of four (4) months or more shall be posted throughout the organization for a period of 7 calendar days. The applicant having the required ability and qualifications who is senior in service shall be awarded the assignment. Vacancies arising as a result of the temporary assignment of an employee may be filled by offering same to the senior qualified employee within the Department. An employee can be removed from a temporary assignment and returned to their former position if found to be unsatisfactory by their Manager or Department Head. If such action is taken within six (6) months of the original posting for the assignment, the Department Head shall have the sole discretion in assigning the next senior qualified applicant to the job. In all other cases the assignment shall be re- posted. 11:06 Casual Employees (a) Casual employees shall not be subject to the terms of this agreement except for Article 6 - Union Dues and Schedule "B" -Salary Table. (b) Casual employees may be employed in a temporary assignment for which permanent employee was not appointed as a result of the selection procedurE detailed in Article 11:05. ARTICLE 12 - GRIEVANCE PROCEDURE 12:01 In order to provide an orderly procedure for the settlement of grievances, the Employer acknowledges the right of the Union to appoint or otherwise select, a Grievance Committee whose duties shall be to assist any employee in preparing and presenting a grievance in accordance with the grievance procedure. 12:02 The Union shall notify the Employer in writing of the names of each member of the Grievance Committee. 12:03 Where a difference arises between the Employer and an employee or the Union concerning the meaning or violation of this Agreement, an effort shall be made to settle the dispute in the following manner: STEP 1: The aggrieved employee(s) shall submit the grievance to the Grievance Committee. STEP 2: If the Grievance Committee considers the grievance to be justified, the employee(s) concerned, together with a Union Representative, shall first seek to settle the dispute with the Manager concerned within twenty -one (21) days after the employee becomes or should have become aware of the matter which is the cause of the grievance. STEP 3: Failing satisfactory settlement within seven (7) days after the dispute was submitted under Step 2,the Chief Steward, along with the employee's(') Union Representative may meet and discuss the grievance with the City Manager or designate. STEP 4: Failing satisfactory settlement within ten (10) days after the dispute was submitted under Step 3, the Union may make application to Common Council in writing, stating the grievance concerned and requesting a hearing before Common Council. A hearing shall be granted at the next regular meeting of Common Council following the presentation of the application. Common Council may delegate power and responsibility to make a decision on all grievances arising from this agreement to a Grievance Board consisting of one or more members of Common Council. In cases where a Board has been appointed a hearing shall be granted within ten (10) days of making an application to the Board. 15 12:04 Where a dispute involving a question of general application, administration or interpretation occurs, or where the Union has a grievance, steps 1 and 2 of this Article may be by- passed. This type of grievance is to be processed by the Executive of the Union. 12:05 Replies to grievances shall be in writing at all stages. 12:06 Any award made as a result of the settlement of a grievance or any arbitration shall be made effective as of the date the inequity or the facts of the grievance first arose. 12:07 Grievance Resolution Process - Mediation (a) 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. (b) 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 Advanced Education & Labour. (c) Where the parties are interested in using the mediation process, the parties agree to the following: (i) 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. (ii) Grievances will only be referred to mediation if both parties agree. (iii) The person or persons (office or offices) with authority to refer a grievance to mediation will be designated by the parties. (iv) (a) The representatives attending mediation sessions will have the authority to settle the grievance. 16 (b) Representative from each party will take training in the process and procedure of grievance mediation before they participate in the grievance mediation process. (v) (a) When both parties agree to mediate a grievance, the Agreement to Mediate will be completed. (b) 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 Advanced Education 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. (vi) There shall be no loss of wages and benefits for participation in the grievance mediation process. (vii) (a) If an Agreement to Mediate is signed by both parties, the period of time from the date it is completed by the parties until (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 computation time under the steps of the grievance mediation process. (b) A mediation ends in accordance with the provisions specified in the Mediator Appointment Agreement. (viii) (a) If the mediation resolves the grievance, the Mediator will provide the parties with a report outlining the settlement. (b) If the mediation does not resolve a grievance, either party is free to start proceedings or to continue proceedings to resolve the grievance. (ix) The time limits set forth may be extended by mutual consent of the parties. 1r, ARTICLE 13 -ARBITRATION 13:01 If a satisfactory solution is not found by the parties concerned within a period of seventeen (17) days from the date of the hearing with Common Council or Grievance Board, either party may, by written request to the other party, require the matter to be referred to an Arbitrator. A sole arbitrator shall be selected by the parties from the Municipal Sector Register of Arbitrators or otherwise mutually agreed upon. If the parties cannot mutually agree on an arbitrator within ten (10) days, then an arbitrator will be appointed for them by the Minister of Advanced Education & Labour using the arbitrators included on the Register. 13:02 A hearing shall commence within fifteen (15) days of the Arbitrator being appointed, and shall continue in such manner that the arbitrator shall make an award in writing not later than one (1) month after the entering upon the reference. The decision of the Arbitrator shall be final and binding upon the parties to this Agreement. However, the Arbitrator shall not have the power to alter, modify nor amend this Agreement in any respect. 13:03 The expenses and remuneration of the Arbitrator and secretarial services shall be borne in equal shares by the Employer and the Union 13:04 It shall be the duty of the Arbitrator to hear all parties concerned and to determine the matters referred to it. Upon determination of the matter, the Arbitrator shall make such order which will provide for final settlement of the matter and make such order that will restore the aggrieved party, the Union or the Employer to its rightful, just and equitable position. 13:05 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 provision for final settlement and give effect thereto. 13:06 No grievance under this Agreement shall be deemed invalid by reason of any defect in form or any technical irregularity. FE ARTICLE 14 - SUSPENSION OR DISCHARGE 14:01 Procedure & Notification to Parties A permanent employee may be dismissed only for just cause and only upon the authority of the City Manager. A Department Head may suspend an employee, but shall immediately report such action to the City Manager. When an employee is suspended or dismissed, they shall be given the reason(s) in the presence of their Union Representative. The employee and the Union, through its Chief Steward, shall be advised promptly by the Department Head, in writing, of the reason(s) for the suspension or dismissal. 14:02 Unjust Treatment & Re- Instatement Should it be found upon investigation that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated to their former position, without loss of seniority rating, and shall be compensated for all time lost in an amount equal to their normal earnings during the pay period next preceding such suspension or discharge, or by other arrangement as to compensation which is just and equitable. ARTICLE 15 — HOURS OF WORK AND OVERTIME 15:01 Hours of Work (a) Employees covered by this agreement will work a maximum of 1820 regular hours in a calendar year. Employees will receive payment for regular hours on the basis of thirty -five (35) hours per week, fifty -two (52) weeks per year. (b) With the exception of the Supervisors and Operators working in the Public Safety Communications Centre, the work week will be Monday to Friday with hours of work being scheduled between 7:00 am and 7:00 pm. For all employees the minimum hours worked on a scheduled shift is three and one -half (3.5) and the maximum hours worked on a scheduled shift is ten and one half (10.5). Schedules will be provided and a minimum of two weeks notice shall be given for a change in the schedule. The minimum notice may be less than two weeks if mutually agreed between the manager and the employee(s) affected by the change. (c) The parties recognize the need to provide quality and timely service. An integral part of this is the flexibility to have employees at work when they are needed most. The work week should allow for adaptation to address peak work periods. 19 Where the efficient and effective delivery of service requires a work week beyond the timeframes noted in Article 15:01(b) schedules can be modified with mutual agreement between the Union and the Employer. In revising schedules the following conditions shall apply: 1. Employees will be eligible for two consecutive days off over a consecutive seven -day period, unless mutually agreed between the employee and manager. 2. Employees maybe scheduled to work on Saturday or Sunday but not both. 3. Notice of change in schedules will be provided in accordance with the provisions of Article 15:01(b) Conditions 1 and 2 in this article shall not apply to the Supervisors and Operators working in the Public Safety Communications Centre. (d) A lunch break of a minimum of 30 minutes to a maximum of 60 minutes shall be scheduled at approximately mid -shift. If an employee is required to work through the lunch break they shall be entitled to compensation at the applicable overtime rate. For Supervisors and Operators in the Public Safety Communications Centre each 12 hour shift shall provide for two meal breaks with a total duration of one and one -half (1 1/2) hours, with no break being less than thirty (30) minutes, to be taken at appropriate designated intervals. 15:02 Overtime (a) Overtime shall be paid at one and one half (1 1/2) times the regular rate on the first and fourth regular day off and two (2) times the regular rate on the second and third regular day off. (b) If detained more than thirty minutes at the end of a working day, overtime worked shall be calculated from the end of the regular work day and shall be paid for at the rate of one and one half (1 1/2) times the regular rate of pay. (c) If called back to work after proceeding home, time worked shall be calculated from the time of reporting to work to the termination of work, with a minimum of three hours. Overtime shall be paid at the prevailing rate of pay. (d) Overtime shall be authorized by the appropriate Manager prior to commencement, if possible. 20 (e) Overtime leave at the same overtime rate may be taken in lieu of payment for overtime by mutual agreement of the employee and employer, provided that the request for such leave is in writing. (f) Should an employee work the required 1820 regular hours and agrees to be scheduled to work additional hours they shall be paid at time and one -half for these hours and the provisions of Article 15:02 (a) shall apply. 15:03 On -Call Pay When an employee is required to be on -call, that is, immediately available by direct telephone /pager contact, he /she shall be paid 7 hours pay at the regular rate or receive 7 hours compensatory time off for each week on -call. The appropriate manager will determine whether the employee will receive pay or time off. In the event the employee is required to report to work the call in provisions detailed in article 15:03 (c) shall apply. In cases where the employee can resolve the matter without reporting to work the employee will be compensated on an hourly basis at the prevailing rate of pay. The minimum pay shall be one (1) hour for up to two calls on unrelated incidents within any sixty (60) minute period. ARTICLE 16 — JOB CLASSIFICATION AND TRANSFERS 16:01 For purposes of salary administration the positions covered by this agreement shall be assigned to one of nine salary groups as detailed in Schedule "A ". 16:02 The Employer agrees to meet with the Union for the purpose of discussing the classification of any bargaining unit position that is not included in Schedule "A" of the Working Agreement. The Employer shall provide a job description for the position. After meeting with the Union, the Employer will allow ten (10) days for further discussion with the Union before the new position is posted or advertised. The grouping for the position shall be subject to and the Union. If the parties are unable to agree question, such dispute shall be submitted to applicable salary once determined shall become position was first filled by an employee. 21 discussion between the Employer on the grouping for the position in grievance and arbitration. The retroactive to the time the new 16:03 The employer shall have the right to transfer employees within the same position classification as detailed in Schedule "A ". I I . ARTICLE 17 — SALARIES INCREMENTS AND PREMIUMS 17:01 Salaries See attached Schedule "B" which shall form part of this agreement. 17:02 Incremental Increases An employee shall be entitled to increments as follows: (a) 1/2 after six months of appointment. (b) an additional 1/2 on the first anniversary of appointment. (c) on the second anniversary, the maximum for the position. 17:03 Promotional and Actina Pay If a permanent employee substitutes in or is promoted to a position of higher classification and performs the duties of a higher classification as determined by the Department Head, they shall receive either the minimum rate of the higher group or the rate of a one year increment in their own group added to their normal rate of pay, whichever is greater. Acting Pay shall only be applicable when duties of the higher classification are performed for a minimum of half of a scheduled shift. Should an employee perform the duties of that higher classification for a period of six months they shall be entitled to an increment at the applicable rate. 17:04 Shift Differential An employee shall receive a shift differential premium of $1.00 for each hour on the scheduled shift if any of the regular scheduled hours fall between 8:00 p.m. and 6:00a.m. 22 ARTICLE 18 - STATUTORY DESIGNATED AND PROCLAIMED HOLIDAYS 18:01 The Employer recognizes the following as paid Holidays: New Years 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. 18:02 The above holidays shall be paid to all employees at their current regular rates of pay. 18:03 For shift work employees, holidays will be deemed to commence at the start of the night shift on the day preceding the holiday and end at the end of the day shift on the holiday. Where applicable due to shift schedules Easter Sunday will be recognized as the holiday in place of Easter Monday. Easter Monday will be considered a regular work day. 18:04 When any of the above -noted holidays falls on an employee's scheduled day off, an employee shall, at the discretion of the appropriate Manager, receive seven (7) hours pay or an equivalent amount of time off in lieu. 18:05 When employees are required to work on a statutory, designated or proclaimed holiday, they shall be paid for the holiday as per Article 18:02 as well as double time for all hours worked with a minimum of 4 hours as "call back" or at the discretion of the appropriate manager be given compensatory time off on the same hourly basis. ARTICLE 19 -VACATIONS 19:01 An employee who has completed one (1) year of continuous service beyond the end of the period for which they have been paid under the terms of the 'Vacation Pay Act ", shall be granted seventy (70) hours vacation with pay. Other vacation entitlements shall be as follows: Upon completion of a) 2 years continuous service -105 hours b) 10 years continuous service —140 hours c) 20 years continuous service —175 hours d) 30 years continuous service — 210 hours 23 With the exception of Supervisors and Operators in the Public Safety Communications Centre, a shift shall equal seven (7) hours for purposes of vacation selection. For the Supervisors and Operators in the Public Safety Communications Centre vacation time will be credited on an hour for hour basis against scheduled shifts. The number of employees on vacation at any one time shall be limited to a reasonable number at the discretion of the Manager concerned so as not to curtail or interfere with the operating efficiency of the Department. In addition to the above vacation periods, each employee who has completed one year of continuous service shall be entitled to seven (7) hours as a floating holiday, to be taken at a mutually agreed time, each calendar year. 19:02 Holidays During Vacations If a statutory, designated or proclaimed holiday falls or is observed during an employee's vacation period, they shall be granted an additional day's vacation for each such holiday in addition to their regular vacation time. 19:03 Vacation Pay Advance Vacation pay advance as well as an employee's weekly pay shall be deposited in the bank of the employee's choice no later than 8:00 a.m. each Thursday. The employee shall notify the City of the bank and account number. ARTICLE 20 - LONG - SERVICE PAY AND RETIREMENT PAY 20:01 Long Service Pay In recognition of the principle that an employee's knowledge and experience increase with length of continuous service, the Employer agrees to pay service pay to permanent employees employed on or before July 7, 1992 once a year by the following formula: Commencement of 4th year & including 7th year = I% of gross annual earnings Commencement of 8th year & including 11 th year = 1.5% of gross annual earnings Commencement of 12th year & including 15th year = 2% of gross annual earnings Commencement of 16th year & including 19th year = 2.5% of gross annual earnings Commencement of 20th year & beyond = 3% of gross annual earnings 24 Long- Service Pay shall be paid in December of each year to employees who qualify and are on strength on November 1 st 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 1st to the date of departure. In case of death the service pay shall be paid to the employee's dependants or beneficiary. Employees covered by this Agreement, hired after July 7, 1992, will not be eligible for Long- Service Pay, now or in the future. 20:02 Retirement Pay The Employer agrees to pay each permanent and established employee upon retirement, one (1) month's pay for every five (5) years' service or fraction thereof to a maximum of six (6) months' pay. Retirement pay shall be paid at the same rate as paid for regular time in the employee's permanent classification for the employee's last working period. Such payment shall be made in lump sum upon retirement and shall not be subject to deductions for Group Life Insurance nor City Pension. 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 dependents or beneficiary. An employee may, after July The employee may request pay. Such payment shall be request is made. To qualify continuous service. Upon st to further retirement pay. ARTICLE 21 - EMPLOYEE BENEFITS 21:01 Group Life Insurance 1 st, 1995, opt out of future eligibility for retirement pay. in writing a one - time -only payment in lieu of retirement in an amount as defined above, based on the date the the employee must have a minimum of five (5) years' ich payment the employee would waive all entitlement The Employer agrees to pay 75% of the premium for a Group Life Insurance and Accidental Death and Dismemberment Plan for permanent employees with the employee paying the remaining 25 %. Upon retirement employees shall receive a $5,000.00 paid -up insurance policy from the City of Saint John. 25 21:02 Medical Health and Dental Plans The Employer agrees to pay $43.30 towards the cost of monthly premiums for single coverage and $94.04 for family coverage, as applicable, for the present employees health coverage. The employee shall pay the remainder of the cost of monthly premiums. It is understood and agreed that such benefit shall extend to permanent employees only. Any employee who is not a participant shall not be entitled to a cash payment in lieu of the Employer's contribution to the premium. The Employer agrees to pay $54.30 towards the cost of monthly premiums for the present dental plan coverage for all permanent employees. The employee shall pay the remainder of the cost of monthly premiums. The dental plan is compulsory for all employees except where an employee has better coverage through his or her spouse. Any employee who is not a participant under the dental plan shall not be entitled to a cash payment in lieu of the Employer's contribution to the premium. Within ninety (90) days the parties agree to identify health and dental plan options and to make changes to the plans and or carrier, including benefit levels, or any other agreed changes as required to limit the total cost to the available premium revenue. The parties recognize the need to continue to work together to control the cost of health and dental plans — by overseeing the plans and making mutually agreed changes that, from time to time, are deemed appropriate. In the event that appropriate changes cannot be agreed upon, the union agrees to implement necessary changes designed to limit total costs to available premium revenue within sixty (60) days of any notice of premium increase by the carrier. The City agrees to assist the Union by implementing the administrative and /or design changes necessary to ensure the premiums meet the full cost of the plan. In any event, upon implementation of the above noted rates, the employer premium contribution shall be fixed and will not exceed the above noted amounts nor shall the employer be liable for any deficit in the plan as a result of employee claims exceeding premiums paid. For clarification and continuity, it is understood that the plan design and benefits that exist under the terms of the collective agreement expiring on December 31, 1998 shall continue subject to the above. The above rates shall come into effect on the earlier of January 1, 1999 or some other mutually agreed date. 26 All employee benefit plans outlined herein shall be fully negotiable and not changed without mutual consent. Annually, the Employer shall provide each permanent employee with a detailed employee benefit statement outlining all benefits and plans in the Collective Agreement. In the case of absence for illness or disability, 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. 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. 21:03 Sick Leave Defined Sick Leave means the period of time an employee is absent from work by virtue of being sick or disabled, or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the Workers' Compensation Act. For routine examinations by physicians, chiropractors, or dentists, or routine visits unless as a result of a previous illness every employee shall be entitled to up to10.5 hours per year not to be deducted from sick leave benefits. 21:04 Sick Leave Plan Accumulation Every employee shall accumulate sick leave at the rate of 10.5 hours per month worked up to an accumulated total of 1400 hours. 21:05 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 rate of pay in effect on the first day of sickness. 21:06 Proof of Illness An employee may be required to produce a certificate from a medical practitioner for any illness in excess of two (2) working shifts, certifying that they are unable to carry out their duties due to illness or due to exposure to a contagious disease. 27 Employees with more than four (4) one or two -shifts uncertified sick leaves in any calendar year may be required to produce a medical certificate from a doctor for all future absences on sick leave which occur within a calendar year. 21:07 Sick Leave During Leave of Absence and Lay -Off When an employee is laid off on account of lack of work or is granted an approved leave of absence, the employee shall not receive sick leave credits for the period of such absence but shall retain their cumulative credit, if any, existing at the time of such layoff or leave of absence. These credits, if any, may only be used by the employee after they return to active duty. In the event the layoff period is longer than six (6) months, the credits do not apply. 21:08 Sick Leave and Vacation Leave If an employee is on sick leave he /she shall not be entitled to any vacation benefits in the second or succeeding year of illness. If such employee returns to active service, vacation benefits in that year shall be pro -rated from the date of return to active service. 21:09 Sick Leave Bank Sick Leave credits shall be accumulated in a Sick Leave Bank for the benefit of employees covered by this agreement. The sick leave credits will be replenished by members of Local 486 as determined by the Union. A four member Sick Leave Bank Committee shall be established to administer the allotment of sick leave credits from the Sick Leave Bank. The Committee of Local Union 486, C.U.P.E. and the City shall consist of two representatives from the Union and two from the City. Any disputes in regard to the administration of the sick leave plan as defined herein shall be submitted to arbitration as per Article 13. 21:10 Sick Leave Bank Allotments Applications for an allotment from the Sick Leave Bank may be made by an employee, who has exhausted their own sick leave credits. Only employees with more than one years continuous service shall be eligible for an allotment from the Sick Leave Bank. In the event an employee becomes totally disabled, as signified by a medical certificate, they shall be 28 referred to the Pension Board. In the event an employee is absent for 120 working days in a 12 month period they shall be assessed by a medical doctor and shall provide medical documentation in a standard form as detailed in Schedule "D ". Such employees may be granted sick leave from the Bank upon the approval of the Union Sick Leave Bank Committee and the City upon production of the appropriate medical certification. Employees shall not accumulate vacation credits while being granted sick leave credits from the bank. Allotment of Sick Leave from the Bank shall be at a daily rate equal to the employee's daily rate while on their own accumulated sick leave. Under no circumstances shall there be any pyramiding of benefits. 21:11 Sick Leave Records As soon as possible after the close of each calendar year, the employer shall advise the Sick Leave Bank in writing of the amount of Sick Leave accrued to each employee's credit and to the Bank. 21:12 Military Leave (1) Any employee who qualifies for acceptance by the CAF (Reserves) shall be entitled to time off with full pay and benefits up to a maximum of 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 Reserved 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. 21:13 The Sick Leave Plan and Military Leave shall apply to all employees within the bargaining unit. ARTICLE 22 - TECHNOLOGICAL CHANGE 22:01 Improved Skills In the event that the Employer should introduce methods or machines which require new or greater skills than are possessed by employees under the present methods of operation, such employees shall at the expense of the Employer, be given a period not exceeding one (1) year during which to perfect or acquire the skills 29 necessitated by the new methods of operation or be transferred to another position. There shall be no change in the salary of any such employee during the training period other than their normal increment and no reduction in pay upon being reclassified in the new position or transferred to a position of less pay. 22:02 Extensive Training Needed Should the introduction of new methods of operation create a need for the perfection or acquisition of skills requiring a training period longer than one (1) year, the additional training time shall be the subject of discussion between the Employer and the Union. 22:03(a) Technological Change Defined Technological change means: (i) The introduction of equipment or material of a different nature and kind from that previously utilized by the Employer; and (ii) A change in the Employer's method of operation that is directly related to the introduction of said equipment or material. (b) 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. (c) Contents of Notice The notice shall be conveyed in writing and shall contain appropriate information including: (i) the nature of the change; (ii) the date on which the Employer proposes to effect the change; (iii) the approximate number, type and location of employees likely to be affected by the change; and (iv) the effects the change may be expected to have on employees' working conditions and terms of employment. 30 (d) Consultation During the ninety (90) day notification period contained in Article 22:03(b), 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. ARTICLE 23 - LEAVES OF ABSENCE 23:01 Bereavement Leave (a) For purposes of clarification, bereavement leave shall be defined as an approved leave of absence from work for a specified period without loss of pay, seniority or other benefits for the purpose of making funeral arrangements and /or attending the funeral of a deceased member of the employee's immediate family. (b) In the event of the death of an employee's father, mother, spouse, son, daughter, brother, sister, father -in -law, mother -in -law or legal guardian up to a maximum of three consecutive shifts shall be granted, one of which shifts shall be on the day of the funeral and to the extent that any or all of these are scheduled shifts. In the event of the death of an employee's grandparents, sister -in -law, brother -in- law, or child of a brother or sister, an employee shall be entitled to two shifts off with pay. (c) In the event of death of any member of the bargaining unit, the President or an appointee and one other member of the Union shall be granted paid leave of one shift for the purpose of attending the funeral and to pay last respects to the deceased. (d) One full shift of leave shall be granted without loss of salary or wages to attend a funeral as an active pallbearer. 23:02 Family Leave An employee may be granted up to five (5) shifts off without loss of pay, in the event they are left homeless due to fire, flood, or any act of God, subject to the approval of the Manager concerned. 23:03 General Leave Once, every five (5) years, the Employer shall 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 good and sufficient cause. The employer may grant additional absences. Such requests shall be made in writing by the employee and submitted to the appropriate Manager. If the Manager 31 refuses to grant such leave of absence, the employee may appeal such decision to the City Manager. Upon approval by the City Manager, such leave of absence shall be granted. 23:04 Special Leave (a) Up to five (5) weeks unpaid leave of absence shall be granted at the employee's request once every four (4) years, providing the employee has completed at least four (4) years continuous service to earn entitlement. Such special leave shall be taken at a mutually agreed upon time. Such request shall be made in writing by the employee to the department head not later than two (2) months prior to commencement of the leave. (b) Time off with pay shall be granted for the following: Employee's Marriage - one (1) shift Birth of Child - one (1) shift Adoption of Child - one (1) shift 23:05 Union Business Time off shall be granted temporarily on proper notification to the Manager concerned for any duly authorized Union representative serving on the Negotiating Committee involved with processing grievances, to attend meetings and handle business arising therefrom or incidental thereto. Such employee shall suffer no loss for time so spent. 23:06 Union Conventions and /or Seminars Leave of Absence with pay and without loss of seniority shall be granted for the necessary time off to a maximum aggregate of twenty (20) shifts in any one year to employees elected or appointed to attend union conventions and /or seminars upon written request received at least ten (10) days in advance by the appropriate manager. 23:07 Reimbursing Employer for Pay & Benefits An employee on unpaid approved leave of absence for Union business shall receive their regular pay and benefits to the extent permitted by statute or regulations. The Union shall reimburse the Employer for all pay and benefits during the period of absence. 32 23:08 (a) Maternity Leave Maternity leave shall be unpaid and cover a period of up to six (6) months before or after the birth or adoption of a child of pre - school age. When a longer period is required for child care due to health reasons, the employer shall grant an extension up to a maximum of one (1) additional year. 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. During the period of maternity 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 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 be placed in her former position. If the former position no longer exists, she shall be placed in an equivalent position. (b) Vacation Benefit During Maternity Leave Employees entitled to Maternity Leave shall be permitted to accumulate up to a maximum of 70 hours vacation. Such days shall accumulate at the Employee's normal rate of vacation earned. 23:09 Court Dutv When an employee is on jury duty or called as a witness in City related court proceedings, they shall receive full pay at the prevailing rates. Any monies received by the employee, for said matters in lieu of weekly pay, shall be paid to the City of Saint John. 23:10 Christmas Leave An employee may request an unpaid leave absence, hereinafter referred to as Christmas Leave, between December 20 and January 7 of each year. Interested employees shall make a request for Christmas Leave, in writing, to the manager responsible. The number of employees on Christmas Leave shall be limited to a reasonable number at the discretion of the manager responsible. Christmas Leave may be taken without immediate loss of income. Deductions for Christmas Leave shall be made at the rate of not less than one day per month beginning in January; i.e., deductions for Christmas Leave would commence in January of the following year. 33 ARTICLE 24 - SAFETY 24:01 The Employer and the Union shall co- operate, in maintaining and improving where necessary safety measures now in effect. (a) Equipment Supplied and Safety Footwear Allowance All employees working in any dirty or dangerous capacity shall be supplied with all necessary equipment. It shall be compulsory to wear and use alll safety equipment supplied by the Employer. With the permission and signed approval of the appropriate manager, the Employer agrees to re- imburse employees engaged in field work a maximum of $70.00 per annum for the purchase of CSA - approved safety shoes /boots equipped with safety toe feature upon presentation of receipt for same. Such footwear must be worn, where necessary, as a condition of employment. (b) Enforcement All supervisors will consider it an important and essential part of their jobs to administer the safety program. They shall by precept and example secure complete compliance with all safety regulations by all workers under their direction. 24:02 Injury on Duty (a) Notification When an employee is injured on duty, the injury must be reported to the immediate supervisor as soon as possible after the injury and in any event, not later than the end of the working period in which the injury was sustained. (b) Remuneration When an employee is injured on duty they shall receive payments from the Employer equal to 80% of their pre- accident net earnings at the prevailing rates for the first 39 weeks from the day of the injury and 85% thereafter; subject nevertheless, in case of injury, to the provisions of the City of Saint John Pension Act, provided they have complied with subsection 24:02(a) above. All payments will comply with Section 38.2(2.2) of the Workers Compensation Act. Any changes to Article 24 shall be by mutual agreement, and if no agreement can be reached, shall be determined in accordance with Article 12. 34 (c) Any monies an employee is entitled to from the Workers' Compensation Board in lieu of weekly pay shall be paid by the Workers' Compensation Board to the City of Saint John. This Article shall not apply to a person no longer actively employed and who has retired due to a disability.. (d) Net earnings shall be defined as pre- accident gross earnings less any income tax, Canada Pension and Unemployment Insurance deductions. 24:03 Civic Employees' Safety Committee (a) A Saint John Civic Employees' Safety Committee shall be established under the Occupational Health and Safety Act. (b) Time spent by employees in performance of their duties as members of the Joint Safety Committee shall be considered as time worked, and payment shall be paid on the basis of straight time. 24:04 Safe The Employer shall provide the Union Safety Representative all reasonable information when requested. ARTICLE 25 - GENERAL CONDITIONS 25:01 Bulletin Boards The Employer shall provide bulletin boards in each division on which the Union shall have the right to post notices of meetings and other such notices as may be of interest to the employees. 25:02 Instructional Courses The Employer agrees to pay one half the cost of any job related course taken by mutual consent. Upon successful completion of such course, the Employer shall re- imburse the employee for their share of the cost incurred. 25:03 Copies of Agreement The Union and the Employer desire ever provisions of this Agreement and their rights the Employer shall bear 50% of the cost of established by the lowest tender acceptable signing. If the lowest tender is not acceptable shall be paid by the Union. 35 y employee and duties t printing 300 to the City, to the Union to be familiar with the ender it. For this reason, copies of the agreement within thirty (30) days of all extra costs for printing 25:04 Correspondence Except as specifically provided elsewhere in this Agreement, all correspondence between the parties arising out of this Agreement or incidental thereto, shall pass to and from the Manager of Human Resources and the Secretary of the Union. 25:05 Definition of Word Designate(s) For purposes of clarification, wherever and whenever City Manager, Chiefs, Commissioners, Managers and certain officers and other senior management personnel are referred to by title in this Agreement, the same shall be deemed to apply to their designate(s) in that particular context. 25:06 Benefit to City An employee who furnishes an idea, which is adopted for improvement in the operation of a Civic Department, shall receive recognition from the Employer in the form of a cash grant which the Employer deems proper, taking into consideration the value of the improvement. 25:07 Definition of Day(s) Unless otherwise specified, wherever and whenever the word day(s) is referred to in this Agreement, it shall be construed to apply to calendar day(s) and not working day(s). 25:08 Plural & Gender Whenever the singular or masculine is used in this Agreement it shall be considered as if the plural or feminine has been used where the context of the party or parties hereto so require. 25:09 Access to Personnel File Employees wanting to view their personnel files shall request in writing to the Manager of Human Resources. The employee may view files and may make photocopies in the Human Resources Division of Corporate Services. The Employee is not to remove the file but must view in the presence of a duly designated representative of Human Resources staff. Such request for viewing by an employee shall be granted within two (2) working days of the written request. 36 25:10 The Employer agrees to register the Sick Leave Plan with the Human Resources Development Canada 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. Such money shall be used to provide a benefit to the individual employee. ARTICLE 26 - TERM OF AGREEMENT 26:01 Notification to Bargain The Agreement shall take effect and be binding on the parties hereto for the period from January 1st, A.D., 1999 to December 31st, A.D., 2001 inclusive and shall remain in force for successive periods of twelve months thereafter, unless either party request 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 one hundred and twenty notice(s) shall specify any addition, deletion or alteration desired. Upon receipt of such notice by either party, negotiations shall commence within twenty (20) days following such notice having been given. 26:02 Changes in Agreement Any changes deemed necessary during the term of this Agreement may be made by mutual agreement of the parties hereto at any time. 37 ARTICLE 27 - Sianatories IN WITNESS WHEREOF the Employer has hereunto caused its Corporate Seal to be affixed under hands of its duly authorized Officers, and the Union has caused this instrument to be executed by proper Officers hereunto duly authorized the day and year first written above. SIGNED, SEALED AND DELIVERED In the presence of: Witness Witness M THE CITY OF SAINT JOHN ('THE EMPLOYER ") Mayor Common Clerk CANADIAN UNION OF PUBLIC EMPLOYEES SAINT JOHN CITY HALL EMPLOYEES LOCAL NO. 486, C.L.C. President Recording Secretary SCHEDULE "A" Position Classifications by Salary Group Group 1 Casual Administrative Clerk Group 2 Administrative Clerk 2 Process Clerk 2 Group 3 Administrative Clerk 3 Process Clerk 3 Finance Clerk 3 Group 4 Administrative Assistant 4 Process Clerk 4 Finance Clerk 4 Engineering Services Technician 4 Traffic Services Technician 4 PSCC Operator Group 5 Administrative Assistant 5 Process Clerk 5 Community Services Co- ordinator 5 Engineering Services Technician 5 Planning Technician 5 Information Services Assistant 39 Group 6 Administrative Assistant 6 Buyer Community Services Co- ordinator 6 Traffic Services Technician 6 Technical Services Inspector 6 Information Services Technician 6 Group 7 Financial Supervisor 7 Financial Services Clerk 7 PSCC Supervisor Traffic Services Technician 7 Community Services Co- ordinator 7 Engineering Services Technician 7 Technical Services Inspector 7 Network Administrator Group 8 Financial Services Supervisor 8 Assistant Purchasing Agent Community Services Co- ordinator 8 Building Plans Examiner 8 Planning Technician 8 Group 9 Community Services Co- ordinator 9 Insurance Co- ordinator Systems Specialist Plumbing Inspector Engineering Services Technician 9 SCHEDULE "All -1 Position Classifications and Job Titles Position Classification Job Title Group 1 Administrative Clerk (Casual) Clerk Typist Group 2 Administrative Clerk 2 Stenographer Process Clerk 2 Order Clerk Permits Clerk Billing Clerk Counter Clerk Collections Clerk Cash Clerk Group 3 Administrative Clerk 3 Stenographer II Process Clerk 3 Payroll Clerk Revenue Clerk Assistant Cashier Finance Clerk 3 Accounting Clerk Group 4 Administrative Assistant 4 Secretary I Process Clerk 4 Services Clerk Senior Payroll Clerk Purchasing Clerk Cashier Finance Clerk 4 Accounting Clerk Traffic Services Technician 4 Traffic Services Assistant Engineering Services Technician 4 Instrumentman II PSCC Operator PSCC Operator Position Classification Group 5 Administrative Assistant 5 Process Clerk 5 Community Services Co- Ordinator 5 Engineering Services Technician 5 Planning Technician 5 Information Systems Assistant Group 6 Administrative Assistant 6 Community Services Co- Ordinator 6 Traffic Services Technician 6 Technical Services Inspector 6 Buyer Information Systems Technician Group 7 Financial Supervisor 7 Network Administrator PSCC Supervisor Traffic Services Technician 7 Technical Services Inspector 7 Financial Services Clerk 7 Community Services Coordinator 7 Engineering Services Technician 7 Job Title Secretary It Costing Clerk Housing and Property Visitor Services Co- Ordinator Engineering Technician Instrumentman II Works Inspector I Planning Technician Help Desk Consultant MIS Assistant Secretary III Recreation Supervisor Parking Meter/Traffic Signal Technician Assistant By -Law E.O. Technical Services Inspector Buyer GIS Co- Ordinator Water Rates Supervisor Accounts Payable Supervisor Office Supervisor (M.O.) Network Administrator PSCC Supervisor Traffic Statistics Analyst Assistant Building Inspector Rehabilition Services Inspector Accounting Clerk Social & Cultural Affairs Engineering Technician Position Classification Group 8 Community Services Co- Ordinator 8 Assistant Purchasing Agent Financial Supervisor 8 Planning Technician 8 Building Plans Examiner 8 Group 9 Insurance Co- Ordinator Community Services Co- Ordinator 9 Systems Specialist Plumbing Inspector Engineering Services Technician 9 Job Title Recreation Supervisor Assistant Purchasing Paymaster Supervisor, Cash 8 Collections Planning Technician III Building Plans Examiner Insurance Co- Ordinator Recreation Supervisor Convention Officer Systems Specialist Programmer Analyst Plumbing Inspector Engineering Technician IV SCHEDULE "B", SALARIES JANUARY 1, 1999 JANUARY 1, 2000 Minimum Maximum Minimum Maximum Group 1 21,016 23,011 21,226 23,241 Group 2 23,544 25,824 23,779 26,082 Group 3 262071 28,631 26,332 281917 Group 4 28,597 315439 28,883 31,753 Group 5 31,128 34,247 31,439 34,589 Group 6 33,936 37,370 34,275 37,744 Group 7 36,745 403492 37,112 40,897 Group 8 39,555 439613 391951 44,049 Group 9 42,361 46,732 420785 47,199 INCREMENTS - For the purpose of Article 17 of this Agreement, an increment is calculated by dividing thf difference betvveen the maximum and minimum by two (2). Wages and economic benefits are fully retroactive to January 1, 1999. M SCHEDULE "B" SALARIES January 1, 2001 July 1, 2001 Minimum Maximum Minimum Maximum Group 1 21,481 Group 2 24,064 Group 3 260648 Group 4 290230 Group 5 31,816 Group 6 34,686 Group 7 379557 Group 8 40,430 Group 9 43,298 23,520 21,696 23,755 26,395 249305 26,659 29,264 262914 29,557 32,134 29,522 32,455 35,004 32,134 359354 38,197 35,033 38,579 41,388 37,933 41,802 44,578 40,834 45,024 47,765 43,731 485243 INCREMENTS - For the purpose of Article 17 of this Agreement, an increment is calculated by dividing difference between the maximum and minimum by two (2). 41 SCHEDULE "C" ADMINISTRATIVE /SUPERVISORY /PROFESSIONAL STAFF (NON - UNION) City Manager Deputy City Manager Administrative Assistants to City Manager Executive Secretary to City Manager Common Clerk Assistant Common Clerk Deputy Common Clerk Commissioners Deputy Commissioners Directors Assistant Directors Fire Chief Deputy Fire Chief District Chiefs Administrative Officer (Fire) Personnel Officer 11 Personnel Officer I Labour Relations Officer Occupational Safety Officer Secretary I (Personnel) Clerk-Typist (Labour Relations) Personnel Records Clerk Stenographer I (Personnel) Clerk- Typist(Personnel) Manager, Human Resources Benefits Officer Staffing Officer Employment Relations Officer Human Resources Assistant Staffing Assistant H. R. Records Analyst H. R. Administrative Clerk City Solicitor Solicitors I, 111 III Legal Stenographer Legal Secretary Manager, Visitor Bureau Senior Transportation Policy Advisor Manager, Civic Public Relations Manager, Public Affairs Chief Engineer, Operations (Works) Chief Engineer, Water & Sewerage Senior Project Engineer Project Engineer Management Services Engineer Design Engineers Traffic Engineers Assistant Engineers Superintendents Assistant Superintendents General Foreman Mechanical Supervisor Operations Engineer Registered Land Surveyor Budget Control Officer (Municipal Operations) Deputy Market Clerk (Community Services) Chief, Technical & Inspection Services /Building Inspector Technical Services Engineer Deputy Building Inspector Budget Officer Comptroller Assistant Comptroller Data Processing Manager Systems Manager Chief, Development Control & Assistant Development Officer Manager, Development Control Manager, Policy Planning Planner II Planner 111 Heritage Planner Rehabilitation Services Officer Property & Appraisals Officer Manager, Building Maintenance Real Estate Appraisal Officers Purchasing Agent By -Law Enforcement Officer Executive Assistant to the Mayor Administrative Assistant /Secretary to the Mayor Tourist Officer Manager, Public Safety Communications Centre HE SCHEDULE "D" Date Employee Name Address Employee Name: As per Article 21:10 — Sick Leave Bank Allotments, I am requesting that, as soon as possible, you contact your physician, Dr. , for medical documentation containing a response to the following: (a) describe the nature of the employee's condition in order to substantiate why the employee can or cannot return to work; (b) advise of the probability of the employee returning to work in the employee's permanent position; (c) if such a return is anticipated, the date that it will occur; and (d) advise as to the duties or types of work that the employee would be capable of performing. This information must be provided prior to approving your most recent absence and as such, it must be provided within ten (10) working days. Yours truly, MI ADDENDUM 1 BETWEEN: The City of Saint John, N.B. The City of Saint John Board of Police Commissioners CUPE Local 486, City of Saint John City Hall Employees The Saint John Board of Police Commissioners was formed in February of 1998. In accordance with the provisions of the Police Act, R.S.N.B. 1973, ch. P -9.2 as amended in 1997, employees of the City that were "persons employed to serve a police force..." became employees of the Board of Police Commissioners in matters of labour relations. The Board of Police Commissioners is the successor employer, under the Industrial Relations Act, R.S.N.B. 1973, ch. 1-4 as amended, for a bargaining unit of such employees. The parties to this Addendum recognize that there is a high level of integration between the Police Force and the City, which is expected to continue into the foreseeable future. This Addendum has been developed on the basis that the parties want to ensure the following: that this integration is not compromised by the formation of a Board of Police Commissioners no disruption for employees - existing and future employees are provided with a broad range of career development opportunities To these ends the parties have agreed to the following: employees in both Local 486 bargaining units shall have equal opportunities to apply for job opportunities with either the City or the Police Force as specified in Article 11 of the respective collective agreements. 2. the seniority of employees in both Local 486 bargaining units shall, for all purposes, include time of employment with either the City or the Board of Police Commissioners in accordance with Article 10 of the respective collective agreements. 3. All unionized support staff hirings done for the Board of Police Commissioners shall be subject to the approval of the City Manager of the City of Saint John. 4. Individual sick leave credits and other accumulated benefits shall be fully transferable between employers and the Sick Leave Bank detailed in Article 21 shall be a joint bank for the benefit of all Local 486 members. Dated this of SIGNED, SEALED AND DELIVERED In the presence of: Witness Witness Witness 1999. THE CITY OF SAINT JOHN Mayor Common Clerk THE CITY OF SAINT JOHN BOARD OF POLICE COMMISSIONERS Chair Secretary CANADIAN UNION OF PUBLIC EMPLOYEES SAINT JOHN CITY HALL EMPLOYEES LOCAL N0.486, C.L.C. President Recording Secretary Memorandum of Agreement No. 1 BETWEEN The City of Saint John, New Brunswick "The Employer" AND The Canadian Union of Public Employees Local 486 "The Union" SUBJECT: Job Evaluation Program It is agreed that as part of the 1999 -01 Collective Agreement, between the CITY OF SAINT JOHN and CUPE LOCAL 486, the parties will jointly undertake the task of job evaluation of all positions within the Bargaining Unit. It is agreed the parties will utilize the existing CUPE Job Evaluation Program, including the formation of a Joint Job Evaluation Committee to be comprised of up to five representatives and alternates from the Union and up to five representatives and alternates from the City of Saint John. The purpose of the Joint Job Evaluation Committee will be to: ♦ undertake the appropriate and necessary Job Evaluation training ♦ collect, verify, and analyze data about the positions through the use of a Job Analysis Questionnaire ♦ develop Job Descriptions for all Local 486 positions ♦ rate all jobs and recommend weights ♦ prepare report of the results with recommendations on ratings, implementation and maintenance ♦ perform other related functions as determined by a majority agreement of the Committee It is agreed that this initial Job Evaluation Program will be undertaken in the third quarter of 1999, and targeted for completion by March 31, 2000. Erl It is agreed that the parties to this agreement will utilize the interest based approach to ensuring that the recommendations of the Joint Job Evaluation Committee are implemented in a timely manner. Dated this day of 1999. SIGNED, SEALED AND DELIVERED In the presence of: Witness EMPLOYEES Witness 47 THE CITY OF SAINT JOHN CTHE EMPLOYER ") Mayor Common Clerk CANADIAN UNION OF PUBLIC EMPLOYEES SAINT JOHN CITY HALL LOCAL NO. 486, C.L.C. President Recording Secretary Memorandum of Agreement No. 2 BETWEEN The City of Saint John, New Brunswick "The Employer" AND The Canadian Union of Public Employees Local 486 "The Union" SUBJECT: Entry-Level Positions It is agreed that as part of the 1999 -01 Collective Agreement, between the CITY OF SAINT JOHN and CUPE LOCAL 486, there shall be entry-level positions for the following job classifications: Administrative Clerk Process Clerk Finance Clerk Engineering Services Technician Traffic Services Technician Community Services Co- ordinator Technical Services Inspector Financial Supervisor These entry-level positions will be utilized as a means of providing effective on- the -job career development and will provide for growth in the individual's compensation levels as their skills and knowledge of the organization develop through a designed program. It is anticipated that this program would be completed in three to five years and will include such things as job - related training, job rotation throughout the organization, on- going performance appraisals and increasing complexity of work assignments. Successful completion of the program would result in the individual moving to the next highest salary grouping for the position. Within three (3) months from the date that the Job Evaluation System is completed the parties will complete the detailed design of a program for progression within each of these entry-level positions. M It is agreed that the parties to this agreement will utilize the interest based approach to ensuring that the entry-level program is implemented in a timely manner. Dated this day of , 1999. SIGNED, SEALED AND DELIVERED In the presence of: THE CITY OF SAINT JOHN ( "THE EMPLOYER ") Mayor Witness Common Clerk EMPLOYEES Witness M CANADIAN UNION OF PUBLIC EMPLOYEES SAINT JOHN CITY HALL LOCAL NO. 486, C.L.C. President Recording Secretary Legal Department John L. Nugent City Solicitor June 11, 1999 P.O. Box 1971 Tel.: 506 658 -2860 Saint John Fax: 506 658 -2802 New Brunswick Canada E2L 4L1 Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: fR Ai City of Saint John Re: Former Route of CPR Shoreline Railway Right of Way from Sand Cove Road eastward crossing or passing Gregory Lane, Kean Road, Duck Cove Road, Seacliffe Street and Sea Street, This correspondence has been prepared in response to Council's referring to the City Manager and myself the letter of Councillor Fitzpatrick concerning the "... former rail line at Keans Road and Duck Cove on the West Side ...." and his request for "... answers for citizens who are concerned with who actually owns the right - of -way and the uses thereof." At the outset a brief synopsis of the background to the City's acquiring property interests in that area and the surrounding area would be helpful. In the mid 1990's the City decided to construct the so- called Western Beaches Collector Sewer System — a sanitary sewer system servicing a portion of the West Side. It was also decided that a portion of the sewer system would be constructed beneath the former CP rail line as it skirts the shore of the Bay of Fundy. Before the sewer could be constructed the City had to obtain the appropriate property rights. Although the possibility had been raised that a portion of the New Brunswick Trail would coincide with the route of the Western Beaches Collector Sewer System, the property interests acquired by the City were for the express purpose of accommodating the sewer system, not a public walking trail. ../2 Mayor and Council June 11, 1999 Page 2 Although the rail track had been completely removed by 1988, CP was adamant that the City could not construct a sewer system beneath the surface of the former rail line without CP's consent. The construction of the sewer system was subject to a very tight time schedule and the City took an assignment of whatever interests CP had in the 2.5 mile stretch of the railway right of way lying approximately between the Lancaster Sewage Lagoon and the Bayshore rail yards. It was understood at the time of the assignment that CP did not have full title to the lands comprising the right of way and we sought an independent opinion upon the significance of the assignment from CP. That opinion was to the effect that the City, as a result of the assignment, could permit public foot traffic along the former railway right of way. It is relevant to note that in two cases the City compensated property owners for the municipal services easement we required by conveying to them the interest in their property which we had received from CP. As a result the City has no authority to allow public foot traffic to cross those properties. Recognizing that the rights acquired from CP were limited the City took steps to acquire additional property interests in order to ensure that it had the right to enter upon the lands in question for the purpose of laying, maintaining and repairing pipelines for municipal services. The nature and extent of the property interests which the City currently holds to the area in question vary from location to location. They range from full ownership to a mere easement for the specific purpose of accommodating municipal services. ... /3 Mayor and Council June 11, 1999 Page 2 Although the rail track had been completely removed by 1988, CP was adamant that the City could not construct a sewer system beneath the surface of the former rail line without CP's consent. The construction of the sewer system was subject to a very tight time schedule and the City took an assignment of whatever interests CP had in the 2.5 mile stretch of the railway right of way lying approximately between the Lancaster Sewage Lagoon and the Bayshore rail yards. It was understood at the time of the assignment that CP did not have full title to the lands comprising the right of way and we sought an independent opinion upon the significance of the assignment from CP. That opinion was to the effect that the City, as a result of the assignment, could permit public foot traffic along the former railway right of way. It is relevant to note that in two cases the City compensated property owners for the municipal services easement we required by conveying to them the interest in their property which we had received from CP. As a result the City has no authority to allow public foot traffic to cross those properties. Recognizing that the rights acquired from CP were limited the City took steps to acquire additional property interests in order to ensure that it had the right to enter upon the lands in question for the purpose of laying, maintaining and repairing pipelines for municipal services. The nature and extent of the property interests which the City currently holds to the area in question vary from location to location. They range from full ownership to a mere easement for the specific purpose of accommodating municipal services. ... /3 Mayor and Council June 11, 1999 Page 3 In our opinion the City has acquired the following property interests in the areas identified as Parcels I through ZZ on the attached plans: Parcels I, J: municipal services easement Parcels K. L: fee simple (i.e. full ownership) Parcel M: CP interest & municipal services easement Parcel N: CP interest & consent of Province to install pipes Parcels O, P, Q, R, S, T, U: fee simple Parcels V. W: CP interests & municipal services easement Parcels X, Y, Z, ZZ: fee simple Parcel M passes through properties owned by the Vihvelins. I understand their position to be that the only interest which the City has to that area is the easement which was expropriated for the purpose of constructing, operating and maintaining municipal services. More specifically it is their view that once the track was removed CP's interest in the right of way dissolved and therefore CP had no interest to assign to the City. While we disagree with their view concerning the effect of the assignment from CP to the City, we do not suggest that their position is frivolous or vexatious. The Vihvelins have commenced proceedings against the City arising out of our easement expropriations and one of the key issues in those proceedings is whether CP enjoyed any property interest which it could convey to the City. That issue will be resolved at trial. A discovery has been held in this regard and it is expected that the trial will take place before the end of this year. Respectfully submitted, l� / Gil Z �l � Job L. Nugent l Ci Solicitor Attachments r. r A `-: r =x\ 0 s r O u U C J L U C G L) 1 J U u U J C L C U CI L C u J C \ c u \ U C C C u 1 C u 1 L A `-: r =x\ 0 s r O u U C J L U C G P 0 LII 1 U Y C � u C U C J 1 L V _ C G J L U, U C / C P 0 o v o v� of zZ ldDS7d Z l3 J 'a- J. JI� u V C t RM a 1 JII Ll U C C CII t r a Z U. O r N J u U C G 1 a J U C u G J � U J C C C J J v / u C C u u C G J -700 U 70 0 REPORT TO COMMON COUNCIL June 9, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John The 1998 financial statements of the City of Saint John General Fund, the City of Saint John Water & Sewerage Utility and the Reserve, Sinking and Trust Funds will be presented to Common Council on June 14, 1999. The presentation will include comments on operating highlights as summarized on the attached sheet. As in previous years, it is suggested that questions relating to the operating results or financial position of the General Fund or Utility be directed to either Mr. Beckett or Mr. Yeomans. This procedure will recognize their responsibility for the finances of the City and the preparation of the financial statements. Ernst & Young have audited the financial statements of the General Fund, Water & Sewerage Utility and the Sinking, Reserve and Trust Funds and their auditor's report is attached to the statements. Any questions related to the audit should be directed to the representatives of Ernst & Young who will be in attendance. Your Audit Committee reviewed the financial statements with the Finance Department and Coopers & Lybrand on June 9, 1999. Upon completion of the presentation and question period, I will move that the audited financial statements of the Saint John General Fund, the Water & Sewerage Utility and the Reserve, Sinking and Trust Funds be adopted and filed. Respectfully submitted, Stephen Fitzpatrick, Chairman Finance Committee CCITY OF SAINT JOHN 1998 AUDITED FINANCIAL STATEMENTS The financial statements being presented to Common Council are the financial results for City operations for the 1998 calendar year. There are three sets of financial statements being presented this evening as follows: General Fund financial data related to services provided by the City which are funded through the annual property tax levy. Water & Sewerage Utility financial data related to water & sewerage services which are funded through user charges to commercial and residential users. Sinking, Reserve and Trust Funds Financial data related to a number of special purposes funds administered by the City under special provisions which are detailed in the notes to the statements. One example of these funds is the Land For Public Purposes Fund. Within both the General Fund and the Water & Sewerage Utility Financial Statements there are two further divisions, an Operating Fund and a Capital Fund. These reports match the annual budgeting process for both of these entities which includes an Operating and Capital Budget. These statements are very comprehensive presenting a wide variety of information regarding the City's activities. A detailed analysis of the financial results has been completed by the Finance Department. Any questions regarding specific line items within the statements should be directed to staff at any time and further detail will be provided. The General Fund ended the year with a surplus of $134,678 and the Water & Sewerage Utility realized a surplus of $366,475. Given the significant public interest in the annual property tax billing the following overview comments are provided as background for the General Fund Financial Statements. The Statement of Revenue and Fxpeditures found on Page 3 of these statements shows a net surplus for the year of $134,678, The major factors contributing to this surplus are as follows: Positive variances One year write -off not used $ 628,725 Cash Management 6597458 Staffing 241,835 City Hall Rental Settlement 659,857 Storm Sewer Charge 207,216 Other items (net) 154229 2,548.320 Negative variances Garbage Disposal Billing not collected $ 12059,101 Early retirement for Local 18 1,02805 Salt, Sand and Gravel 215,000 Street lighting 110,856 2,413,642 Net — surplus for the year $ 134,678 One year write -off not used: An amount is set aside in each year's budget which provides a cushion for unexpected events and can be used to reduce the amount of debenture borrowings required to pay for the City's annual capital program. In 1998 the amount set aside was $628,725. No monies were applied against the annual debenture issue thus leaving the entire balance to off -set the negative variances in this year's operating results. Cash Management: During 1998 the amount expended on short term borrowing interest was less than budgeted, debenture borrowings were slightly less than anticipated at a better than anticipated interest rate and interest earnings on short term investments was greater than budgeted. In total these factors resulted in a positive variance of $659,458. Staffing: Vacant positions, reduced overtime and elimination of positions resulted in a positive variance of $241,835. City Hall Rent Settlement: Following extensive negotiations with Revenue Properties, the owners of the City Hall Complex, the City's annual lease payments were reduced. This reduction resulted in a net positive variance in 1998 of $656,857 due to a refund of overpayments under the lease in the past two years. Storm Sewer Charge: Due to lower than budgeted expenditures in the Water & Sewerage Utility the calculated amount payable by the General Fund to the Utility for storm sewer maintenance was $207,216 less than budgeted. Other items (net): This balancing figure is a compilation of revenue and expenditure items that are either over or under budgeted targets. In total these items result in a positive variance of $154,229. Garbage Disposal Fee not collected: At the time the 1998 Operating Budget was approved Council had intended to levy a flat fee on residential properties for garbage disposal. Council's later decision not to proceed with this billing resulted in a negative variance of $15059,101. Salt, Sand and Gravel: Adverse weather conditions in January — March of 1998 highlighted by the severe ice storm resulted in an over expenditure of $215,000 for salt, sand and gravel. Street Lighting: The amount budgeted for street lighting in 1998 was $110,856 less than required. At the time the budget was approved Council had hoped to realize a reduction in the annual cost from Saint John Energy however this do not materialize. Early Retirement for Local 18: As part of the new collective agreement with Local 18 an early retirement program was approved in an effort to reduce the over -all staff numbers by up to 20 people. A total of 18 individuals took advantage of this program resulting in a cost of $1,028,685. These costs will result insignificant annual savings on an annual basis due to the reduction in staff numbers. The surplus of $134,678 in 1998 is very welcome news following a deficit of $889,454 in 1997. The elimination of the deficit position in 1998 will greatly ease the pressures on the 2000 operating budget. Respectfully submitted, 4-L Andrew P. Beckett C. A. Commissioner of Finance (1 To the COMMON COUNCIL of the City of Saint John JJ The Committee of the Whole reports Your Committee reports that it sat on April 19, 1999 when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, (1) the mortgage dated January 14, 1977 between Shelter Resources Ltd. (as the mortgagor) and the City of Saint John (as the mortgagee) be amended to provide that the mortgage shall be void and the mortgagee shall furnish, in a form suitable for registration, a discharge of this mortgage when the mortgagor has paid to the mortgagee, the sum of $25,000 lawful money of Canada and that this transaction be completed on or before September 30, 1999; and (2) Common Council advise the Red Head Recreation Association that, at this time, the City of Saint John is unable to successfully negotiate the acquisition of the land for the proposed community centre. Respectfully submitted, � June 14, 1999, /Sh irley McAla Saint John, N.B. h a i r m a n. P41 Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E21, 4L1 June 24, 1999 Mr. David Lunney Shelter Resources Ltd. 44 Ashfield Street Fredericton, NB E3A 3E9 Dear Sir: At a meeting of the Common Council, held on the 14th instant, the following resolution was adopted, namely:- (nn City of Saint John "RESOLVED that as recommended by the City Manager, (1) the mortgage dated January 14, 1977 between Shelter Resources Ltd. (as the mortgagor) and the City of Saint John (as the mortgagee) be amended to provide that the mortgage shall be void and the mortgagee shall furnish, in a form suitable for registration, a discharge of this mortgage when the mortgagor has paid to the mortgagee, the sum of $25,000 lawful money of Canada and that this transaction be completed on or before September 30, 1999; and (2) Common Council advise the Red Head Recreation Association that, at this time, the City of Saint John is unable to successfully negotiate the acquisition of the land for the proposed community centre." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, Mary L. unford Common Clerk MLM:sc a3, Office of the Mary L. Munford Common Clerk Common Clerk June 24, 1999 Ms. Natalie Dutchak Red Head Recreation Association 14 Redrock Court Saint John, NB E2P 1A8 Dear Madam: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 14th instant, the following resolution was adopted, namely:- City of Saint John " RESOLVED that as recommended by the City Manager, (1) the mortgage dated January 14, 1977 between Shelter Resources Ltd. (as the mortgagor) and the City of Saint John (as the mortgagee) be amended to provide that the mortgage shall be void and the mortgagee shall furnish, in a form suitable for registration, a discharge of this mortgage when the mortgagor has paid to the mortgagee, the sum of $25,000 lawful money of Canada and that this transaction be completed on or before September 30, 1999; and (2) Common Council advise the Red Head Recreation Association that, at this time, the City of Saint John is unable to successfully negotiate the acquisition of the land for the proposed community centre." Yours truly, Mary L. unford Common Clerk MLM:sc 7 9z � I To the COMMON COUNCIL of the City of Saint John d The Committee of the Whole reports Your Committee reports that it sat on Monday, May 3, 1999, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1 . That as recommended by the City Manager, Common Council authorize the granting of an Easement and Maintenance Agreement with the Exhibition Association of the City of Saint John with respect to part of the Simonds Arena site, as generally shown and for the terms proposed in the submitted document, and the annual fee for this agreement be $250, and further that the Mayor and Common Clerk be authorized to execute the agreement. June 14, 19993 Saint John, N.B. Respectfully submitted, Shirley McAla ry Chairman. EASEMENT AND MAINTENANCE AGREEMENT This agreement entered into on the o day of > , BETWEEN; THE CITY OF SAINT JOHN, a body corporate by Royal Charter (hereinafter called the "City ") OF THE FIRST PART - and - THE EXHIBITION ASSOCIATION OF THE CITY AND COUNTY OF SAINT JOHN, a body corporate under the laws of the Province of New Brunswick, (hereinafter called the "Association ") OF THE SECOND PART WHEREAS the City owns certain lands in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, hereinafter more particularly described in Schedule "A" attached hereto (the "City Lairds "); AND WHEREAS the Association owns certain lands in the City of Saint John aforesaid, hereinafter more particularly described in Schedule "B" attached hereto (the "Association Lands "); AND WHEREAS the Association intends to develop the Association Lands and, in conjunction therewith, desires to enter into this agreement with respect to access, ingress, egress and regress in, to and over and maintenance of a portion of the City Lands as shown upon the plan attached hereto as Schedule "C" (the "Easement Area "); NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, undertakings and benefits hereinafter set forth, the parties agree as follows: 1. The City does hereby grant and convey unto the Association and its successors and assigns, and also its agents, employees, contractors, licensees and invitees, a non - exclusive free and uninterrupted easement and right -of -way over, across(, tindef) and along the Easement Area, of and for the purpose of access, ingress, egress and regress to and from the Association Lands. Such easement and right -of -way shall be appurtenant to and shall pass with title to the Association Lands and any portion thereof or interest therein. 2. The Easement Area shall be used for pedestrian and vehicular access to the Association Lands and any development thereon. row19e667.2 3. The Easement Area shall be improved by the Association in accordance with the specifications prescribed by the City and die costs of such iinprovemeat shall be borne by the Association. k. The Association will pay an annual fee of $ to the City for use of the rights and privileges hereby granted with respect to the Easement Area. 5. The Association agrees that the Easement Area shall, at all times, be maintained in a safe and clean condition of good order and repair by the Association and that the Association shall be responsible for all costs with respect to such maintenance and repair, If the Association, or its successors and assigns, fails to discharge its maintenance and repair obligations under this paragraph, the City, or its successors and assigns, shall have the right, but not the obligation, to perform such maintenance and repair and to be reimbursed for the costs and expenses thereof by the Association, its successors or assigns. 6. In consideration of this grant of easement and right -of -way, the Association further agrees to improve the City Lands in accordance with an agreement to be entered into with the City; provided that in no circumstances shall the costs of the aforesaid improvements to the Association exceed $10,000.00. Breach of any of the covenants, conditions, restrictions or easements contained in this agreement, and the continuation of any such breach, may be enjoined, abated or remedied by appropriate legal or equitable proceedings brought by either of the parties, or their respective successors and assigns. If an action, suit or other legal proceeding is instituted by a party hereto to enforce the provisions hereof, the prevailing parry in such proceeding shall be entitled to recover from die other party its costs and expenses in connection therewith, including reasonable legal fees and the costs and expenses of litigation. 8. All of the covenants, conditions, restrictions, rights and privileges of this agreement shall be binding upon and for the benefit of and shall run with the Association Lands and the City Lands, and any portion thereof or interest therein, and shall be binding upon and enure to the benefit of any person having or acquiring any right, title or interest in the Association Lands, the City Lands or any portion thereof and their successive owners and assigns. <9. This agreement and all covenants conditions, restrictions, rights and privileges contained herein, will terminate munediately upon the nnani..n fn fha m,hl:n of o nnhtin etranf glnmr tha nnrfhorn hnnndary vv gf the City Lands, as shown upon the plan attached hereto as Schedule ne" > 1DM/196667.2 I i.a iiu. oi. ♦c P( \A euu U4 )eJ0 6fL11 RUK bl IR "ALLJ 3 IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written. SIGNED, SEALED AND DELIVERED ) THE CITY OF SAINT JOHN in the presence of ) VJ o o.1 Per: ........................................ Mayor Per: ............................. ........ Common Clerk Common Council Resolution: •, J4994 <1999> THE EXIMITION ASSOCIATION OF THE CITY AND COUNTY OF SAINT JOHN Per: ........................................ Per: ........................................ t199 FRI 13:57 FAX 506 634 3573 STEW MCK STIR SCALES .p. , •C � � A SEE 1 -N.8.- 2538 c 1° 98,2 �e O /N f �c �o 0 OG y 1h O 0 O 4001 C C 1j. �x O a ry c F o� �ry p d .. Uw'�' ry• LC 7 q p h. C� yry ry dl 17 116'�//,se or r . a � a. s ` Nn Registration 0002 seq. —� pia . N Np Or��o Data Th pr( i .p. , •C � � A SEE 1 -N.8.- 2538 c 1° 98,2 �e O /N f �c �o 0 OG y 1h O 0 O 4001 C C 1j. �x O a ry c F o� �ry p d .. Uw'�' ry• LC 7 q p h. C� yry ry dl 17 116'�//,se or r . a � a. s ` Nn Registration 0002 seq. —� pia . N Np Or��o Data Th pr( . _ 66:1......... McDONALD'S o I Mc Donald's DYIOA —ft I11II,2c PRJPERR LINE -� —_— :RIVE FviN� l /n 60-m: LAN_- R-Oy \N -? SIMONDS CENTENNIAL ARENA - t• aJ*l c fx�cric l.e.{ _ - - _ _ _ _ - _ _ _ K� U MCALLI STER DRIVE PLAZA M<ALLISTER 0R .SANT J tt NS SITE PLAN �� r .� 7a- D• °�° 9812 APRIL 1.1998 wP� 200 O x401 office of the Mary L. Munford Common Clerk Common Clerk June 28, 1999 Mr. Gerry Lowe President Saint John Exhibition Association P.O. Box 284 Saint John, NB E21- 3Y2 Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E21,4L1 At a meeting of the Common Council, held on the 14th instant, the following resolution was adopted, namely:- e` n' City of Saint John "RESOLVED that as recommended by the City Manager, Common Council authorize the granting of an Easement and Maintenance Agreement with the Exhibition Association of the City of Saint John with respect to part of the Simonds Arena site, as generally shown and for the terms proposed in the submitted document, and the annual fee for this agreement be $250, and further that the Mayor and Common Clerk be authorized to execute the agreement." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, (� Mary L. Munford Common Clerk MLM:sc / / u 9Z Zl66w%i- U To the COMMON COUNCIL of the City of Saint John U The Committee of the Whole reports Your Committee reports that it sat on Monday, May 31, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That Mayor Shirley McAlary be reappointed to the Executive Committee of the Cities of New Brunswick Association, with Councillor Carl White as an alternate member. 2. That as recommended by the City Manager, Common Council amend its resolution of March 1, 1999, pertaining to the sale of 471 Millidge Avenue, by (1) deleting the name Stephen Halsall and replacing it with Stephen and Tamara Halsall; (2) deleting "upon the terms and conditions of Proposal Call Real Estate and Facility Management 99 -1 B" and replacing it with "upon the terms and conditions of Proposal Call Real Estate and Facility Management 99 -I13, except for paragraph 9 "; (3) the closing date be on or before August 31, 1999; and (4) all other aspects of the resolution be the same. 3. That as recommended by the City Manager, Common Council authorize (1) the sale of three City -owned properties located on Champlain Drive, being PID Numbers 417915, 417907 and 322768, to Irving Oil Company Limited, for the price of $130,000 plus HST; (2) the closing date to be on or before August 31, 1999; and (3) the Mayor and Common Clerk to execute the necessary documents. Respe tfully submitted, June 14, 1999, Shirley McAlary Saint John, N.B. C h a i r m a n. �51Z Office of the Mary L. Munford Common Clerk Common Clerk June 28, 1999 Stephen & Tamara Halsall One Boars Head Road Saint John, NB E2K 5B8 Dear Sir /Madam: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 14th instant, the following resolution was adopted, namely: i(R-13 City of Saint John "RESOLVED that as recommended by the City Manager, Common Council amend its resolution of March 1, 1999, pertaining to the sale of 471 Millidge Avenue, by (1) deleting the name Stephen Halsall and replacing it with Stephen and Tamara Halsall; (2) deleting "upon the terms and conditions of Proposal Call Real Estate and Facility Management 99 -1 B" and replacing it with "upon the terms and conditions of Proposal Call Real Estate and Facility Management 99 -IB, except for paragraph 9"; (3) the closing date be on or before August 31, 1999; and (4) all other aspects of the resolution be the same." Yours truly, Mary L. unford Common Clerk MLM:sc A667/ ' Office of the Mary L. Munford F0. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 June 28, 1999 Mr. Luc Cormier Senior Administrator - Expropriations Irving Oil Limited P.O. Box 1421 Saint John, NB E2L 4K1 Dear Sir: At a meeting of the Common Council, held on the 14th instant, the following resolution was adopted, namely:- rR'AI; City of Saint John "RESOLVED that as recommended by the City Manager, Common Council authorize (1) the sale of three City -owned properties located on Champlain Drive, being PID Numbers 417915, 417907 and 322768, to Irving Oil Company Limited, for the price of $130,000 plus HST; (2) the closing date to be on or before August 31, 1999; and (3) the Mayor and Common Clerk to execute the necessary documents." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, Mary L. unford Common Clerk MLM:sc Saint John Parking Commission June 10, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council 81h Floor, City Hall Saint John, N.B. E2L 4L1 Your Worship and Councillors: Re: Issue of Free Metered Parking on Saturday 9th Floor, City Hall, P.O. Box 1971 Saint John, N.B. E2L 41_1 Tel.: 506 - 658 -2897 Fax: 506-649-7938 The issue of free- metered parking on Saturday is a topic that has surfaced on many occasions over the years and the Saint John Parking Commission has addressed this issue each time. Saturday parking meters are in effect from 8 AM to IPM. The last time free parking on Saturdays was reviewed was in 1992, just after the introduction of the GST. At that time, after a great deal of discussion with Uptown Saint John Inc, and an analysis of the situation, the Saint John Parking Commission concluded that Saturday paid metered parking was important to service uptown merchants and businesses because it allowed for continuous turnover at the parking meters. • Turnover means that spaces are more readily available for short-term convenient parking such as drop offs, pickups, and banking or single store shopping. If those who are staying longer use the off - street lots, then the shorter stay meter parking would be available for those who really need it. • Short-term spaces at the meters are sometimes hard to find as a result of: 1. Shoppers using meter spaces for long stay parking rather than shorter term convenient parking; and 2. Business owners or employees using meter spaces for longer term parking (feeding the meter). In order to give the customer coming to the uptown area an option, the Saint John Parking Commission agreed not to charge for parking on Saturdays and opened all their off - street parking lots to the public and/or uptown workers for free parking. In our opinion, this allowed the customer the option of either parking free at one of our off - street parking lots or paying for the extra convenience of parking closer to their destination. It also allowed the merchants the opportunity to promote free parking in the off - street parking lots in the uptown area. The Saint John Parking Commission recently received the following resolution from Common Council: " Resolved that the suggestion of eliminating paid parking at meters on Saturdays in the uptown area be referred to the Saint John Parking Commission for a report to Council before the summer season." The review of the Saturday parking issue has begun in order to provide Council with the information required to make a decision on this issue. At the present time, we are taking the following course of action to analyze free parking at the meters on Saturdays before submitting a report to Common Council with our recommendations on this topic: • It is the intention of the Parking Commission to work as closely as possible with Uptown Saint John Inc. on various parking issues. Uptown Saint John Inc. is presently in the process of carrying out a survey on the issue of free metered parking on Saturday and will write to the Parking Commission on the results. • Free parking at the loading zones on South Market Street has been in effect for over a year and this may give us a specific evaluation of a "trial area ". We will conduct a survey on Saturdays on the parking areas around North and South Market Streets to determine the rate of parking turnover on those streets. • During the summer months, out -of- province visitors receive a Courtesy Ticket that welcomes visitors to Saint John and directs them to use one of our off - street parking locations if they plan to park uptown for an extended period of time. We will report on the number of Visitor Courtesy Tickets passed out in 1998 and 1999 year -to -date to out -of- province vehicles. This program runs from June 1st to October 15`h each year. • Conduct a survey of our off - street parking lots to determine how many people are using our free parking at the off - street parking locations. • An audit will be carried out at the parking meters in the uptown area on different Saturdays and parking fines reviewed to determine what revenue would be lost in these areas by the City of Saint John. • An audit will be carried out to determine the amount of revenue lost in our Aquatic Centre lot, our Church and Canterbury Street Parking Garage, our St. Patrick Street lot and our Union Street lot where we have either parking meters or pay and display parking machines which operate the same hours as the parking meters. • In addition, we will try and determine the effects free Saturday metered parking would have on the parking garages at Mercantile Centre Parking Garage, Market Square Parking Garage, Brunswick Square Parking garage and the YMCA parking lot (Operates the same hours as the parking meters). All of these areas may lose revenue if there is a change in the parking meter policy. • On Saturdays, we have one Enforcement Officer on duty that polices the uptown area and we will have him record the activity in the uptown area. In closing, the Saint John Parking Commission is reviewing the issue of free parking in Uptown Saint John on Saturdays. We will prepare a more detailed report and recommendation as soon as possible however, we expect it may take four to six weeks before all the appropriate data has been collected and results reviewed. Sincerely yours, �� Saint John Parking CT. LPRIS � B0 ng Resource Centre iK�i■ JiFIJ dO tJo Street SaintJohn, New Brunmick JOHNCanada Telephone e M ($06J 658-28° Toll Free 1800 561 -287 Rammile ✓ E- mail =no0mic@nbnnn1h DELIVERED BY HAND Mayor Shirley McAlary and Members of Common Council City of Saint John City Hall, 15 Market Square Saint John, N.B. ATTENTION: Mary Munford, Common Clerk Dear Mayor McAlary and Members of Council: June 2, 1999 I want to take this opportunity to thank you and your staff for your support with respect to the development of the Somerset Business Technology Park and more particularly your support and cooperation in ensuring that Xerox located its facilities in the Park. As you appreciate, the presence of a quality Fortune 500 company like Xerox as the first tenant in the Park will be a substantial inducement for others to join. It is a great location and we believe their investment should produce a substantial return to the city. Your acceptance and immediate support of aspects of our Business Park Advisory Committee Report has resulted in success for the Somerset Business Technology Park. We are also certain your decision to go ahead with the Mark Drive re- alignment will free up more land for commercial and business development in that area. We look forward to working with you and city staff over the longer term to develop a more substantial business park as proposed in our Report. Your very truly, Enterprise Saint John David G. arry, Q.C. Chairperson DGB /dac RECEIVE) c.c.: Editor, Evening Times -Globe COML1ON CLERKS OFFICE Together we'regreater! • Plus forts ensemble. JUN 1999 Grand Bay - Westfield • Quispamsis • Rothesay • Saint John CrrY OF THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. LA FON DATION JEUX CANADA GAMES SAINT JOHN, INC. P.O. BOX/ C. P. 3937 SAINT JOHN, N.B. E2M 5E6 (506) 634 -1985 June 1. 1999 Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L 1 Dear Mayor McAlary and Members of Council: On behalf of the Board of Governors of The Saint John Jeux Canada Games Foundation, Inc., I am pleased to submit the following report on the activities of the Foundation for the year ended December 31, 1998. Enclosed is the audited Report and Financial Statements of the Foundation as at December 31, 1998. This report was received and approved by the Board of Governors at a meeting held on May 25, 1999. During the year interest and dividend income received from our investments amounted to $174,481. After deducting expenses of $46,277, the net income of $128,204 was added to the existing surplus of $40,174 resulting in a total surplus of $168,378 being available for distribution. A total of $105,650 was awarded to 101 individual athletes and coaches and 19 sports organizations. A list of grants is contained in the Report. During the year a capital gain of $189,479 was recorded on sale of investments. At the year end, income surplus amounted to $62,728, capital surplus to $821,676 and unrealized capital appreciation on our investments was $1,371,301. Our restricted capital fund remains at $2,125,797. The By -laws of the Foundation state: "The Governors of the Foundation shall consist of the Mayor of Saint John or a member of the Common Council of Saint John designated by the Mayor, together with eight other Governors appointed by the Common Council of Saint John after taking into consideration the recommendation of the Governors of the Foundation then in office." .../2 Page 2 Her Worship Mayor Shirley McAlary and Members of Common Council June 1, 1999 At the annual meeting of the Governors held on May 25, 1999, a resolution was passed recommending to Common Council that Harry P. Gaunce, Richard H. Oland and James A. MacMurray be re- appointed Governors for a term ending December 31, 2001 or until their successors are appointed. We would appreciate confirmation from Common Council of these appointments in due course. Respectfully submitted, Y laV�t,c ra r ury Board of Go ernors JAM /amh Enc. it�• ., cif C.))F Financial Statements of THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. December 31, 1998 Deloitte & Touche LLP Deloitte & Touche 0 Deloltte & Touche 0 Auditors' Report Deloitte & Touche LLP Brunswick House 44 Chipman Hill P.O. Box 6549, Station A Saint John, New Brunswick E21- 4R9 The Members, The Saint John Jeux Canada Games Foundation, Inc. Telephone: (506) 632 -1080 Facsimile: (506) 632 -1210 We have audited the balance sheets of the general fund and the restricted capital fund of The Saint John Jeux Canada Games Foundation, Inc. as at December 31, 1998 and the statements of general fund income surplus and general fund capital surplus, and revenue and expenditures for the year then ended. These financial statements are the responsibility of the Foundation's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the Foundation as at December 31, 1998 and the results of its operations and the changes in its financial position for the year then ended in accordance with generally accepted accounting principles. LL Chartered Accountants May 19, 1999 Deloittebuche Tohmatsu THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. Balance Sheets as at December 31, 1998 1998 1997 GENERALFUND ASSETS Cash $ 34,829 $ 107706 Accounts receivable 22,410 20,000 Prepaids 683 683 Investments (Note 2) 831,752 6455662 $ 8899674 $ 677,051 LIABILITIES Accounts payable $ 55270 $ 400 SURPLUS Capital surplus (Note 1) 8217676 632,197 Income surplus 62,728 40,174 884,404 672,371 $ 8895674 $ 6775051 RESTRICTED CAPITAL FUND ASSETS Investments (Note 2) $ 21125,797 $ 2325,797 CAPITAL Capital (Note 3) $ 291259797 $ 2,1255797 APPROVED BY THE BOARD ...... ..I ............................ D WI& & Touche THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. Statement of General Fund year ended December 31, 1998 1998 1997 STATEMENT OF GENERAL FUND INCOME SURPLUS Balance, beginning of year 40,174 $ 9,031 Excess of revenue over expenditures for the year 229554 31,143 Balance, end of year $ 62,728 $ 40,174 STATEMENT OF GENERAL FUND CAPITAL SURPLUS Balance, beginning of year $ 6329197 $ 504,640 Capital gains for the year 1899479 1275557 Balance, end of year $ 821,676 $ 632,197 Delolh & buche 6 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. Statement of Revenue and Expenditures year ended December 31, 1998 1998 1997 Revenue Interest $ 130,080 $ 1205179 Dividends 449401 45,788 Capital gains 1897479 1275557 363,960 293,524 Expenditures Grants 1059650 937050 Management fees 289726 243847 Professional fees 21580 22580 Office expenditures 11,619 115140 Insurance 15319 13319 Advertising 21033 1,888 151,927 134,824 Excess of revenue over expenditures for the year $ 212,033 $ 158,700 Allocated to: Income surplus $ 22,554 $ 317143 Capital surplus 189,479 1277557 $ 212,033 $ 158,700 Dddtte& Twhe 0 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. Notes to the Financial Statements year ended December 31, 1998 1. ACCOUNTING POLICIES Accounting principles To observe limitations and restrictions placed on the use of resources, the accounts of The Saint John Jeux Canada Games Foundation, Inc. are maintained in accordance with "fund accounting" principles. Fixed assets capitalization policy The Foundation will capitalize all capital expenditures greater than $500 as incurred. Investments Temporary investments are carried at the lower of cost and market value. Long -term investments are carried at cost and are written down when there has been a loss in value that is other than temporary. Investments denominated in U.S. dollars are translated into Canadian dollars at the exchange rate in effect at the date of purchase. Capital surplus As decided by the Board of Governors to permit future growth of the fund, realized capital gains (less capital losses) will be retained in the general fund as capital surplus. If accumulated realized losses exceed gains the net accumulated loss will be charged to income surplus. Capital gains and losses resulting from the disposal of investments denominated in U.S. dollars are translated into Canadian dollars at the exchange rate in effect at the date of the transaction. [Woft & TOUChe 0 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. Notes to the Financial Statements year ended December 31, 1998 4. INCOME TAX REGISTRATION The Saint John Jeux Canada Games Foundation, Inc. was incorporated as a non - profit company and is registered as a Canadian amateur athletic association under the provisions of the Canadian Income Tax Act. Accordingly, no provision for income tax is required. 5. CONTINGENCIES The Saint John Jeux Canada Games Foundation has approved two grants as at December 31, 1998. The first grant amounts to $20,000 and is subject to other institutions joining the project. The second grant was approved up to a maximum of $7,500 which is contingent upon the Foundation receiving a detailed proposal from the potential recipient. 6. YEAR 2000 The Year 2000 Issue arises because many computerized systems use two digits rather than four to identify a year. Date - sensitive systems may recognize the year 2000 as 1900 or some other date, resulting in errors when information using year 2000 dates is processed. In addition, similar problems may arise in some systems which use certain dates in 1999 to represent something other than a date. The effects of the Year 2000 Issue may be experienced before, on, or after January 1, 2000, and, if not addressed, the impact on operations and financial reporting may range from minor errors to significant systems failure which could affect an entity's ability to conduct normal business operations. It is not possible to be certain that all aspects of the Year 2000 Issue affecting the entity, including those related to the efforts of customers, suppliers, or other third parties, will be fully resolved. Deloiite 8 Toucle 0 Deloitte & Touche Deloitte & Touche LLP Telephone: (506) 632 -1080 Brunswick House Facsimile: (506) 632 -1210 44 Chipman Hill P.O. Box 6549, Station A Saint John, New Brunswick E21- 4R9 Additional Information The Members, The Saint John Jeux Canada Games Foundation, Inc. We have completed our examination of the financial statements of The Saint John Jeux Canada Games Foundation, Inc. for the year ended December 31, 1998. Our report to the members dated May 19, 1999 describes the scope of our examination and opinion. The schedules of office expenditures and grant receipts are included for your reference but are not necessary for a fair presentation of the financial position and the results of operations of the Foundation. Our examination was intended to enable us to form an opinion on the financial statements as a whole and was not such as to enable us to express an opinion on all the details contained in these schedules. Chartered Accountants May 19, 1999 oeloitteTouche Tohmatsu THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. Office Expenditures year ended December 31, 1998 (Unaudited) 1998 1997 Administrative services $ 109537 $ 9,924 Telephone 502 589 Miscellaneous 580 627 $ 11,619 $ 11,140 Deloitte & Touche 0 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. Schedule of Grant Recipients year ended December 31, 1998 (Unaudited) 1998 1998 Grant Recipient Sport Province Spring Fall Total Duval, Andre Baseball NB - 375 375 Edmonds, Steven Judo PEI 500 - 500 English, John Speedskating NB 375 375 Ferguson, Adam Swimming NB 250 - 250 Fleury, Christine Athletics NS 500 - 500 Flood, Jane Kayak NB - 750 750 Flood, Kimberly Kayak NB 375 375 Forest, Carolyne Figure Skating PQ - 375 375 Gaudet, Michael (Coach) Speedskating NB - 375 375 Hawse, Chad Figure Skating ON - 750 750 Hennick, Helen Wrestling NB 13000 - 19000 Higgins, Andrew Track & Field NS 250 - 250 Jayner, Travis Speedskating NB - 375 375 Jennings, Gordon (Coach) Tae Kwon Do NB 250 - 250 Kelly, Johathon Tae Kwon Do NB 250 - 250 Lally, Victoria Swimming NB 500 - 500 LeBlanc, Josee Tae Kwon Do NB 250 - 250 LeBlanc, Luc Tae Kwon Do NB 250 250 LeBlanc, Melanie Figure Skating NB - 375 375 Lepage, Carol Track & Field NB 250 - 250 Lord, Peter (Coach) Track & Field NS 250 - 250 MacInness, Steve Track & Field NS 500 500 MacKay, Fraser Tae Kwon Do NB 250 - 250 Manuel, Marc (Coach) Track & Field NS 250 - 250 Manuel, Michael Track & Field NS 500 - 500 Manuel, Winston (Coach) Track & Field NS 250 250 McNeil, Cary Track & Field NB 375 375 Mitchell, Chuck Wrestling NB 500 500 Mitchell, Douglas (Coach) Track & Field NS 250 - 250 Moore, Adam Swimming NB 250 - 250 Moquin, Russell Wrestling NB - 750 750 Morrison, Heidi Swimming NB 250 - 250 D&ib & Touche 0 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. Schedule of Grant Recipients year ended December 31, 1998 (Unaudited) 1998 1998 Grant Recipient Sport Province Spring Fall Total All. Coaching Assoc. of Cda Coaching NS $ 55000 $ - $ 51000 Canadian Hockey Assoc -Atl Hockey NB 107000 - 109000 Cross Country NB Skiing NB - 39000 3,000 Kennebecasis Canoe Club Canoeing NB - 11500 1,500 Kennebecasis Squash Club Squash NB 1,000 - 1,000 Miramichi Whitecaps Team Swimming NB 500 - 500 NB Curling Assoc Curling NB - 1,500 19500 NB Gymnastics Assoc Gymnastics NB - 3,750 31750 NB Invitational Training Ctr Figure Skating NB 10,000 - 10,000 NB Rowing & Canoe Assoc Rowing NB 47000 - 4,000 PEI Special Olympics Various PEI 11000 - 11000 Poley Mountain Racing Club Skiing NB - 19500 19500 S.J. Fundy Diving Club Diving NB - 750 750 Shimpokai Judo Club Judo NB 500 - 500 SJ & District Tennis Assoc Tennis NB 500 - 500 Speedskate New Brunswick Speedskating NB - 2,250 2,250 Squash Nova Scotia Squash NS - 750 750 Surf City Synchro Club Synch Swimming NB - 11500 1,500 Tennis PEI Tennis PEI 19000 - 11000 Total Organizations 33,500 169500 50,000 Reversal - Sharon Power - Swimming Coach 500 Grants Given in 1998 $ 58,000 $ 489150 $ 105,650 Deloitte & buche 0 Transport Canada Transports Canada Atlantic Region R6gion de I'Atlantique Airports A6roports May 27, 1999 Yourtile Votren §f6mnce Our Rie Notmr6f4rence MK 7156- A167 -1 (MKC) City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Dear Sir: it is my plea nre to inform you that negoti_at -ions Iphveen Transport C__nada and the Saint John Airport Jr. for the transfer of Saint John Airport have concluded, and effective June 1, 1999, all rights and obligations in the operation and management of the lands known as Saint John Airport will be transferred by HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by Transport Canada to the Saint John Airport Inc. As part of this transfer, Transport Canada has assigned its interest as Licensor in the Licence between HER MAJESTY THE QUEEN IN RIGHT OF CANADA, represented by the Minister of Transport, and City of Saint John, registered in the Transport Canada Legal Registry as Licence No. S10429, to the Saint John Airport Inc. The assignment is effective as of June 1, 1999. As of that date, the Saint John Airport Inc, will assume, honour and be bound by all covenants, terms, conditions and provisions of the Licence and will fulfill all of the Licensor's obligations contained therein. For your part, the terms and conditions of your Licence will not change except that effective June 1, 1999 you are requested to direct your rent or any amount payable as rentals accruing after May 31, 1999 (as detailed in your Licence), together with any notices and demands arising from the relevant Licence, to the Saint John Airport line. at the following address: Saint John Airport Inc. 4180 Loch Lomond Road Saint John, New Brunswick E2N 1L7 In closing, I would like to take this opportunity to inform you that we have valued our business relationship with you, and I am certain that you will enjoy continued success with the Saint John Airport Inc. Yours truly, D.M. Whyte REGIONAL DIRECTOR AIRPORTS PO Box 42 Moncton, NB E1C 8K6 Canada RECEIVEL) o� CLERKS OFFIm JUN T 1994 3I "i,r f Municipalities Municipalites and Housing et Habitation New : Brunswick Nouveau ,,,.... June 7, 1999 Mrs. Mary Munford, Common Clerk City of Saint John P. O. Box 1971 Saint John, N. B. E21, 4L1 Dear Mrs. Munford: I acknowledge receipt of your correspondence regarding orders under Section 93 of the Community Planning Act. I would like to advise you that we have decided not to proclaim this particular section at this time. I would like to discuss this further with my staff with consideration of your comments. I look forward to reviewing this in the near future with staff from the City of Saint John to determine the most appropriate course of action. Sincerely, Gary Mersereau Director Land Use Planning Branch t. LI ti! -„ JUN 31 " -.. P.O. Box 6000 Case postale 6000 Fredericton Fredericton New Brunswick Nouveau-Brunswick Canada E3B 5H1 Canada E3B 5H1 Saint John Lancaster Liberal Association L I B E R A L MLA: Jane Barry May 25, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P.Q. Box 1971 Saint John, NB E21, 4L1 Dear Mayor McAlary and Members of Council: During recent constituency visits on the Greenhead Road, a number of residents have brought to my attention the deteriorated condition of sidewalks in that neighbourhood. They find it extremely difficult to walk safely and also have mentioned the inadequate lighting and position of utility poles. It appears that the street has been surfaced a number of times and that there is little remaining of existing curbing. I realize you are under constraints with regard to Capital projects, but would very much appreciate that you consider the needs of residents of Greenhead Road and area, many of whom are seniors who could benefit from improved sidewalks such as you have been constructing in recent years. I thank you for your consideration. Sincerely yours, d % i Jane Barry Saint John Lancaster cc: Eva Gogan 335 Greenhead Road cc: Terry Totten, City Manager RECEIVED COMMON CLERK'S OFFICE JUN 1 1999 • Saint John Lancaster Liberal Association LIBERAL MLA: Jane Barry May 25, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor McAlary and Members of Council: It has recently come to my attention that a dangerous situation exists at the intersection of Bleury Street and Sand Cove Road. The painting of a crosswalk in this area would greatly assist students from Seawood School, whose parents are concerned for their safety. In addition, I am told that traffic is still somewhat congested at this corner given the number of visitors to the nature park and new residential developments. I realize you have improvements to this comer, but request that further consideration to this be given. Sincerely yours, Jane Barry Saint John Lancaster cc: Kathy Comeau 130 Allingham Crescent Saint John, NB E2M 5A8 RECEIVED COMMO14 CLERK'S OFFICE JUN 1 1999 r. 1 -- Town of Grand day- Westfiefd 609 River Valley Drive • P.O. Box 180 • Grand Bay - Westfield, N.B. • EOG 1W0 Tel: (506) 738 -6400 • Fax: (506) 738 -6424 • manaeeraetown.¢randhav- wectAnld nh May 28, 1999 Mary Munford Common Clerk City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Subject: Municipal Infrastructure in the Millennium Budget Dear Mrs. Munford: This is to advise the above noted subject was addressed by Town Council on May 25, 1999. The following resolution was duly enacted on that date: "...moved whereas the FCM inspired $7 — billion, six year Canada Infrastructure Works Program (CIWP) described by Prime Minister Jean Chretien at the FCM 1998 Annual Conference as "...one of the proudest achievements of our government " -- exceeded original projections, funding 17,000 projects that created assets of lasting value and generated more than 130,000 short -term jobs, and set a new standard for intergovernmental cooperation in Canada; Whereas the CIWP could not fully address Canada's long -term infrastructure needs given the extent of the problem revealed in various FCM studies completed between 1985 and 1996; Whereas Grand Bay - Westfield has benefited from the CIWP but still has a number of outstanding infrastructure projects which it cannot finance out of municipal revenues alone; Whereas FCM is dedicated to improving the quality of life in all communities; 99:gengov:fcmcity http://www. town.grandbay- westfield. nb.ca Page 1 of 3 FEDERATION OF CANADIAN MUNICIPALITIES MUNICIPAL INFRASTRUCTURE IN THE MILLENNIUM BUDGET MAY 28.1999 Whereas the Millennium budget offers an opportunity for achieving an improved quality of life and ensuring sustainable communities; Whereas the FCM National Board of Directors has endorsed a new long -term national infrastructure program with environmental benefits as a component of a sustainable communities strategy; Whereas the FCM proposal, with the theme CLEAN AIR, CLEAN WATER, CLEAN SOIL, calls for flexibility to accommodate equally the needs of rural/small communities and large municipalities, supporting: • Waste management systems (waste diversion, product stewardship, upgrading landfill sites, methane capture, upgrading incineration technology to meet new requirements for dioxins and furans and mercury emissions); • Water efficiency (water conservation, sewage upgrades to reduce contaminants in water effluent and water treatment alternatives such as settling ponds and wetlands); • Energy efficiency (alternative energy sources, energy efficiency, vehicle emissions testing, and public transit); • Mobility (investment in road repair and upgrades, commuter rail, and advanced technology public transit like Ballard Fuel Cell buses); and • Main street and urban core renewal; Whereas such investments will create jobs, reduce pollution, save taxpayers money resulting from reduced health and environmental damage, improve the efficiency of the economy and make Canada more competitive, productive and innovative; and Whereas Canada is a leader in environmental technologies: Be it resolved that the Town of Grand Bay - Westfield endorses the Federation of Canadian Municipalities (FCM) call for a long term national core municipal infrastructure program highlighting environmental benefits, in the federal Millennium Budget. Be it further resolved that the Town of Grand Bay - Westfield through letters, personal meetings and/or other communications, will urge local members of parliament to support FCM's Millennium Budget proposal and to communicate their support to the Minister of Finance. 99:gengov:fcmcity Page 2 of 3 FEDERATION OF CANADIAN MUNICIPALITIES MUNICIPAL INFRASTRUCTURE IN THE MILLENNIUM BUDGET MAY 289 1999 Be it further resolved that the Town of Grand Bay - Westfield through letters, personal meetings and/or other communications, will urge the Prime Minister, the Minister of Finance, other members of the federal Cabinet and members of the Government of New Brunswick to support FCMs Millennium Budget proposal; Be it further resolved that the Town of Grand Bay - Westfield will communicate the urgent need for a new municipal infrastructure program with environmental benefits to neighbouring communities; Be it further resolved that the Town of Grand Bay - Westfield will communicate to local media and the public our support for FCM's Millennium Budget proposal...." Forwarded for information. Sincerely, Sandra Gautreau Manager SMG /js RECEIVED COMMON CLERKS OFMCE JUN 1 1999 n ,.. 99:gengov:fcmoAy Page 3 of 3 nP', aJ CITY MARKET MERCHANTS ASSOCIATION OLD CITY MARKET 47 Charlotte Street Saint John NB E21- 21-18 June 15t. 1999 Saint John City Common Council SUBJECT. City Market Opening July 1't 1999 — CANADA DAY By means of this letter the City Market Merchants Association is requesting to open the City Market for Canada Day Celebrations on July 1 s', 1999. We are requesting that the Market be open to the vendors for 9:00 am and open to the public for 10:00 am. Closing time will be 4:00 pm to the public and 5:00 pm to the vendors. Should any additional information be required please contact Shelley Poirier at 632 -1900. City Market Merchants Association Ei:J�tllJ L-041 %[.'_ June 3, 1999 DntFir"""I TKnanit..l r. P.O. Box/ C.P. 2100, Saint John, N.B. /(N. -B.) Canada E2L 4L2 TeVP81.: (506) 648 -6400 Pax / TCI@COplem: (506) 648 -6410 E -mail: found @reg2.health.nb.ca, Intemet Address: http: / /www.ahsc. health .nb.calsjrhfoun /rally.htin City of Saint John Common Council PO Box 1971 Saint John, NB E2L 4L1 Dear Mayor and Councillors: The Rally of Hope is the largest fund raising event held annually in Saint John. It was also the 1998 winner of the Association of Health Care Professionals Award as the top fundraising event in Canada. The Rally is truly a community effort and is a source of great pride to our citizens, who once each year can recognize, in a concrete way, the vital need to support their Hospital. Because of the importance of the Rally to the Hospital, the patients, and the health of our local citizens and indeed our whole province, we are anxious to see it continue and thrive. The success of the event is closely linked to the participation and support of the larger employers in the Greater Saint John area. The City of Saint John is conspicuous by its absence, particularly in light of participation from surrounding communities. We have reserved space at this year's Rally for the City of Saint John. We would love to have you back. Wouldn't it be wonderful if at the conclusion of the event on July 10 two or three teams, proudly representing the City of Saint John, were seated with the other committed supporters of the Saint John Regional Hospital. The enclosed materials outline the basic components of participation in the Rally of Hope. We have previously been in contact with Terry Totten and Ken Galbraith who are currently working to organize a team of City Employees. Your support and participation could make the difference in fielding a team and helping the Hospital. Proceeds from the 1999 Rally of Hope will be used in Laboratory Medicine to assist with Early, Specific and Precise (ESP) detection of cancer. This is a cause that sadly will touch most of us in our lifetime. ./2 r %i>"� NB �Te ®lity SHOPPE RS SHOP MART Deloitte & 1 x100 The lUniversity ROYAL BANK 9� TBUChe x W y �F� of New Brunswick rar laFnrBWR ek m Saint John, CANWA /� Ilil t" n 5 s ai9 q" � Global _ rV.Var■ IRVINE IRV gw O a.nscs J G 0.�IRVIN� G, LIMED The Tma or..,ng 1rmp.v; rl� June 3, 1999 DntFir"""I TKnanit..l r. P.O. Box/ C.P. 2100, Saint John, N.B. /(N. -B.) Canada E2L 4L2 TeVP81.: (506) 648 -6400 Pax / TCI@COplem: (506) 648 -6410 E -mail: found @reg2.health.nb.ca, Intemet Address: http: / /www.ahsc. health .nb.calsjrhfoun /rally.htin City of Saint John Common Council PO Box 1971 Saint John, NB E2L 4L1 Dear Mayor and Councillors: The Rally of Hope is the largest fund raising event held annually in Saint John. It was also the 1998 winner of the Association of Health Care Professionals Award as the top fundraising event in Canada. The Rally is truly a community effort and is a source of great pride to our citizens, who once each year can recognize, in a concrete way, the vital need to support their Hospital. Because of the importance of the Rally to the Hospital, the patients, and the health of our local citizens and indeed our whole province, we are anxious to see it continue and thrive. The success of the event is closely linked to the participation and support of the larger employers in the Greater Saint John area. The City of Saint John is conspicuous by its absence, particularly in light of participation from surrounding communities. We have reserved space at this year's Rally for the City of Saint John. We would love to have you back. Wouldn't it be wonderful if at the conclusion of the event on July 10 two or three teams, proudly representing the City of Saint John, were seated with the other committed supporters of the Saint John Regional Hospital. The enclosed materials outline the basic components of participation in the Rally of Hope. We have previously been in contact with Terry Totten and Ken Galbraith who are currently working to organize a team of City Employees. Your support and participation could make the difference in fielding a team and helping the Hospital. Proceeds from the 1999 Rally of Hope will be used in Laboratory Medicine to assist with Early, Specific and Precise (ESP) detection of cancer. This is a cause that sadly will touch most of us in our lifetime. ./2 r %i>"� NB �Te ®lity SHOPPE RS SHOP MART Deloitte & 1 x100 The lUniversity ROYAL BANK 9� TBUChe x W y �F� of New Brunswick rar laFnrBWR ek m Saint John, CANWA /� Ilil t" n 5 s ai9 q" � Global _ rV.Var■ IRVINE IRV gw O a.nscs J G 0.�IRVIN� G, LIMED The Tma or..,ng 1rmp.v; r„H n Regiional Hospital F, P.O. Box/ C.P. 2100, Saint John, N.B. /(N. -B.) Canada E2L 4L2 Tel./P61.: (506) 648 -6400 Fax/ T616copieur- (506) 648 -6410 E -mail: found @reg2.health.nb.ca, Internet Address: http:// www. ahsc .heaIth.nb.ca/sjrhfouNrally.htm CITY OF SAINT JOHN COMMON COUNCIL PAGE We really need your help, and the support of the employees of the City of Saint John, to ensure the success of this important event. ESP Cancer Detection needs $500,000. The goal can only be achieved with energetic and committed support form across the City and Region. A world class hospital is a mark of a vibrant community. A world class fundraising event helps the hospital to better serve the community. Please help bring City Hall back to the Rally by supporting efforts to field a team for the July 10`h event. I hope we can count you among our supporters of improved cancer care at the Saint John Regional Hospital. cerely, Sincer rry Mo Neil McKelvey, OC, QC Chair, Chatr, 1999 Rally of Hope Saint John Regional Hospital Foundation 4l NBIMTPIMObifity of N he0Un ive rsity ROYAL f3f ew John, WMA - — - in Saint fohn,l.ANADA Global IRVING ��� 7w j e"I**� B DRUG; MART it INK 9 Deloittn /a;,,eJabrvrPwf.ea,l1 Touche v ® CIF Eun&%% v Fwdy fomm�nicah'one RECEIVED COMMON CLERK'S OFFICE JUN 4 1994 t M y SA Fhffllfl s�nf stlrtins �.. CFBC ie „, ATln Tl. LL�CC IRVING JS,J CirI,UBE J.G. INNING, LIMMEG Ths ira GvrvMg CmmFvY q) May 31, 1999 Phone 506- 696 -4698 Mrs. Constance D. Northrup 34 McKay Street Saint John, N.B. E211 2G2 Mrs. Mary Munford Common Clerk City of Saint John 15 Market Square Saint john, N.B. Dear Mrs. Munford: I wish permission to fill the back portion of my property as the surrounding. properties, which are higher than my property are draining on me,this area of the property never dries out, we do not have any run off, and you can not walk in this area, without rubber boots on. Please advise me as soon as possible when this work can begin. Thank you, Constance D. Northrup JUN 2 1999 Eric L. Teed, O.C., C.D., Q.C. Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Your Worship and Councillors: 127 Prince William Street, Saint John, New Brunswick, E21, 2B4 Tel.: (506) 634 -7320 Fax: (506) 634 -7423 June 3, 1999 Re: Painting on City Hydrants I have noticed in some Cities in Canada that the fire hydrants or fire plugs are paint decorated by the local residents during special events or festivals. In some cases they have competitions for the best painting decoration. For example, on Canada Day, one might paint the Canadian flag. On New Brunswick Day, one might paint the New Brunswick flag. On Loyalist Heritage Festival, one might paint the Loyalist man. For Communities In Bloom, flowers might be painted. It could be a decorative event and bring interest and activity through various areas of the City. I suggest Council approve in principle the concept of painting and decorating our fire hydrants by citizens as part of observing our Festival programme. /bh "rxrMMON RK'S OFMCE YYoours truly, a nc . Mayor Shirley McAlary and Counselors CE i4RVFEST CHM>3 140J Hampton Road Suite 135 Rothesay, NB E2E 5Y3 Phone: 849 -8956 June 5, 1999 I am requesting permission to have a Block Party in the north end of Saint John on July 24, 1999 with a rain date of July 31st, 1999. The requested location is the portion of Elgin Street between Metcalf and Main Street which would need to be blocked off between the hours of 11 a.m. and 5 p.m. in order to set up and tear down with the actual party being held from 1 P.M. to 4 p.m. The intention is to provide music, drama, a barbecue, games for children, clowning and other such activities. The event will be sponsored by the members of Grace Harvest Church in Renforth. I would like to thank you for your consideration in this matter. Please forward any correspondence to: Rose Doucet c/o Ted Guimond 15 Harvey Street Saint John, NB E2K 1C9 Thank you for your cooperation. �i�� i' Rose Doucet Block Party Coordinator Grace Harvest Church RD /cmw lzffy OF `3 %Vwofr ,mo n w 1 Multicultural Association of Saint John, Inc. Multiculturel du Saint John, Inc. 55 Canterbury Street, Room 4 Saint John, New Brunswick Tel: (506) 632 -0096 Fax: (506) 634 -7423 Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E21, 4S1 Your Worship and Councillors: Y ,110C4pgY ♦J VV 'a 5 * s a N '',��Vlle \ITV• June 8, 1999 Re: The Necessity of More Ethnic Representation P.O. Box 6241, Station "A" Saint John, New Brunswick E2L 4117 The City of Saint John Police Force is observing the past 150 years of proud service. Saint John is clearly a small United Nations and is positively benefiting from it. The peaceful presence of Canadians and American, Central American, South American, European, British, African and Asian immigrants contribute to world harmony. Some past and present friction between the police force and certain minorities are slowly being resolved. A terrific way to celebrate this anniversary is by representation of the ethnic minority groups on our police commission. This will promote greater appreciation of your civic force and even better ethnic harmony in our great city. Currently there is no ethnic minority representation on the police commission. It is our understanding Council has the authority to make additional appointments to the present police commission. We as a concerned society strongly urge you to promote and provide for ethnic representation on the City Police Commission. 4KEIVE® ""WAWDWI CLERKI OFFICE Ild I IS. WD%1110 , )G6u s truly, John Noddin President Multicultural Association of Saint John June 10, 1999 Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E21, 4L1 Your Worship and Councillors: Re: Souvenir of Saint John I am pleased to inform you that I have developed a souvenir form of kitchen magnets displaying miniaturized paintings on historic sites in Saint John. These originals were all hand painted and they have been reduced into this form of souvenir. The paintings are the City Market Building in which I conduct my stand, the Three Sister Lamps, the King Square Bandstand, the Partridge Island Light House, the Old Majestic River Steamer, the Red Rose Tea Building, the Reversing Falls Bridge, the Loyalist House and the Marco Polo. This year the Loyalist Heritage Festival commences on the 11th of July with the opening ceremonies. I would like to attend at Council meeting to be held on July 12 to make a presentation of these souvenirs to the Councillors as part of the Loyalist Heritage Festival. I hope you will agree that this type of souvenir will enhance the interest in the City by our growing number of tourist and visitors and also enhance the visitations to the City Market. Yours truly, I f Helena Harvey for Painting Round City Market 634 -7241 RECOVE[b COMMON CLERn awjVp � _s