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2013-02-11_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting REVISED AGENDA Monday, February 11, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veui bureau de la greffiere communale au 658 -2862. 1. Call to Order - Prayer 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 Ambulance New Brunswick: Hands -Only CPR Demonstration 9. Public Hearings 10. Consideration of By -laws 12. 13. 14. 15. im Business Matters - Municipal Officers Committee Reports Consideration of Issues Separated from Consent Agenda General Correspondence 15.1 50+ Friendship Games - Request for Grant Supplemental Agenda 16.1 Saint John Transit Commission: Transit Bus Replacement 16.2 Saint John Transit Commission: Implementation of New Service 16.3 MPNU Association: Representation on the Saint John SRP Board of Trust 16.4 African Caribbean Society - Request for Sponsorship 16.5 Approval of Minutes - January 28, 2013 16.6 Approval of Minutes - January 30, 2013 16.7 Saint John Water - 2012 Annual Wastewater Report 16.8 Advanced Metering Infrastructure and Water Meter Renewal 16.9 Contract 2011 -11: Marsh Creek - New Collector Sewer and 600mm Sanite Force Main Installation 16.10 Contract 2011 -9: Crown Street - Sanitary Lift Station #8 & Force Main 16.11 Demolition of a Vacant, Dilapidated and Dangerous Building at 54 -56 Victc Street (PID #376434) 17. Committee of the Whole 17.1 Committee of the Whole: 2011 -2014 Local 771 Collective Agreement 17.2 Committee of the Whole: Potential Sale of Portion of City Owned Property University Avenue - Gorman Arena Site City of Saint John Common Council Meeting Monday, February 11, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, contacter le bureau de la greffiere communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in privat( to the provisions of section 10 of the Municipalities Act and Council / Committee will decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4)(b) 1.2 Employment Matter 10.2(4)(b) 1.3 Land Matter 10.2(4)(d) 1.4 Financial Matter 10.2(4)(c) n1c loltt), tatireatt 101 10 loll 11 'i[,tact��n. /5E IC -01 #1 //��(( � - Nlonc-tc I'elepiioni ra: January 31, 2013 Mayor and Council P.O. Box 1971 Saint John E2L 4L1 Your Worship: We are writing this letter with the hope that you will reconsider our request of making very short, but very important "Hands -Only CPR" demonstration during one of yol upcoming public council meetings, Doing this demonstration in front of council at a public meeting versus a committe meeting helps us reach more New Brunswickers as your meetings are televised and ope to the public. This past Monday, we did this demonstration in front of Fredericton City Council and i was a great success. Municipal Councils in Moncton, Campbellton, Edmundston an, St. Stephen have also accepted our request. We hope you will reconsider our request. I look forward to bearing from you or one your colleagues. My contact information appears just below. Respectfully yours, CiK/ , S Sophie Cormier - Lalonde February 6, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Winter Overnight Parking Restriction Re: Woodville Road Currently Woodville Road, between Chapel Street and City Line is exempted from the Winter Overnight Parking Restriction. The following referral motion aims to provide council with a newly drafted recommendation to either continue the exemption or impose a Winter Overni€ Parking Restriction in the subject area. Motion: Refer the current Winter Overnight Parking Restriction exemption on Woodville Road, betwe( Chapel and City Line to the City Manager for a staff report which considers the merits of cancelling the currently imposed exemption. Respectfully Submitted, Greg Norton Councillor (Ward 1) City of Saint John 50+ Friendship Games do Seniors' Resource Centre Brunswich Square, Level III 39 King Street, Saint John, NO EZL 4W3 January 25, 2013 Mayor Mel Norton and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB, E2L 4L 1 Dear Mayor Norton and Council Members: Our Annual 50+ Friendship Games for this year are scheduled for June 2 -7. The Opening Cere on June 2, 1:00 p.m. at the Lily Lake Pavilion. An Awards Banquet will be held at Exhibition 1 6:00 p.m. These games are open to anyone over 50 in the Greater Saint John and surrounding area. They operation since 1990. Games are held in various locations throughout the City. They are desigi age group more aware of the many recreation opportunities that are available to enhance a healt lifestyle. Of equal importance is the socialization aspect whereby participants make new friend meeting old ones in friendly competition. Over 20 events are available ranging from card game cribbage and auction 45s to bowling, shuffleboard, and horseshoes and on to more active pursui and swimming. We are expecting approximately300 competitors. For the last several years, the City of Saint John provided us with a grant of $1,000.00. It woult appreciated if a similar donation could be made to us this year to assist in making these games a Thank you for considering our request. If you require further information, please contact me at Sincerely, Gam`" TA-;A y Y N fY Y1'1 11 Y1 AV V 2 SAINT JOHN SAINT JOHN TRANSIT COMMISSION 55 MCDONALD STREET 155 RUE MCDONALD SAINT JOHN, N B CANADA 1 SAINT JOHN, (N -I-) CANADA E2J 007 Feb. 1, 2013 Your worship Mel Norton And members of Common Council P4 Box 1971 Saint John, N.B. E2L 41_1 Dear Mayor Norton and Councillors: TRANSIT INFORMATION (506) 658 -4700 www thinktransit Com GENERAL OFFICES (506) 65S FAX (506) 858,4704 At the Saint John Transit Commission meeting of January 30, 2012 Commission was advised by staff that the City of Saint John Capital Budg 2013 did not make any provision for transit bus replacement. The Saint John Transit fleet currently has an average age of 12.1 years, 3 greater than the least acceptable average age of 9 years, and 5.5 years morf the 2011 Canadian fleet average age of 6.6 years. The Commission wishes to advise Common Council that our increasing average age is not sustainable, even with an unbudgeted increased investmi more fleet maintenance. The Commission will at some point in the near f The Commission has asked me to write to Common Council to ask if i would consider authorizing Saint John Transit to order 3 new buses for deli early 2014, at an estimated cost of $1,350,000.00. If Council were to ma commitment, our fleet average age in 2014 would move down to 11.6 yea while this average age is still well beyond an acceptable level, it would ally Commission to continue the current level of annual service hours for 2014. Please advise. Yours truly, Ir Dwight Allaby Vice Chairman Feb 3, 2013 Your Worship Mel Morton And members of Common Council City of Saint John P 0 Box 1971 Saint John, N.B. E2L 41-1 Dear Mayor Norton and Councillors: Effective April 7, 2013, Saint John Transit will implement a new service wh see annual hours of service increase from 96,318 hours to 102,678 service For your consideration, I have attached an outline of the changes that implemented which we believe will meet most of Council's expectatioi address many of the concerns that our passengers had after the reductions last year. The Commission also explored many routing changes but found the On behalf of our customers, the Commission wishes to thank Council funding increase they made available to Saint John Transit which has allo% to address many of the shortcomings that resulted from the 2012 reductions. Yours truly, Dwight Allaby Vice Chairman CURRENT SERVICE HOURS: 96,31$ PROPOSED SERVICE HOURS: #5&6 REGIONAL J LANCASTER PEAK HOUR SERVICE ONLY #5&6 REGIONAL I LANCASTER 3 TRIPS IN THE MORNING 4 TRIPS IN THE AFTERNOON EVERY H OUR # 13 MILFORD 1 GREENDALE 12 TRIPS # 13 MILFORD ! GREENDALE EVERY HOUR FIRST TRIP - 7:05 AM LAST TRIP - 6:05 PM # 14 CHURCHILL HEIGHTS 13 TRIPS 914 CHURCHILL HEIGHTS EVERY HOUR -' FIRST TRIP - 6:35 AM LAST TRIP - 6:35 PM # 20 WRIGHT ST. I FORT HOWE 21 TRIPS # 20 WRIGHT ST.1 FORT HOWE EVERY 40 MINUTES UNTIL ST) 6:00 PM, EVERY 80 MINUTES E AFTER 6:00 PM FIRST TRIP - 6:35 AM LAST TRIP - 9:25 PM # 21 SOUTH END I ST. JOSEPH'S 12 TRIPS #21 SOUTH END/ ST. JOSEPH'S EVERY HOUR FIRST TRIP - 6:35 AM ST) i ACT TDID G -2G ORA # 23 CRESCENT VALLEY #30 CHAMPLAIN HEIGHTS #31 FOREST GLEN 933 CHAMPLAIN EXPRESS HOLIDAY SERVICE 16 TRIPS EVERY 60 MINUTES UNTIL 6:00 PM, EVERY 80 MINUTES AFTER 6 :00 PM FIRST TRIP - 6:55 AM LAST TRIP -10:45 PM 16 TRIPS EVERY HOUR FIRST TRIP - 6 :50 PM LAST TRIP - 9:50 PM 16 TRIPS EVERY HOUR FIRST TRIP - 6:20 AM LAST TRIP - 9:20 PM PEAK HOUR SERVICE ONLY 3 TRIPS IN THE MORNING 4 TRIPS IN THE AFTERNOON EVERY HOUR NO SERVICE # 23 CRESCENT VALLEY ST► # 30 CHAMPLAIN HEIGHTS ..�,., STS # 31 FOREST GLEN ST) # 33 CHAMPLAIN EXPRESS HOLIDAY SERVICE SEF The City of Saint MPN Associate February 7, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: Subject: Representation on the Saint John SRP Board of Trustees Employing the concept of fair and equitable treatment of all employee groups coupled with reasons cited in previous communications, it is respectfully reques that a representative of the City of Saint John Management Professional Non -U Association be appointed (by the City of Saint John) as an "Alternate Trustee" i Saint John Shared Risk Plan as per paragraph 2.1(b) of the Agreement and Declaration of Trust for City of Saint John Shared Risk Plan. Respectfully Submitted, MANAGEMENT PROFESSIONAL NON -UNION ASSOCIATION Georg uchanan, President RECEIVED COMMON CLERK'S OFFICE FEB 0 7 2013 CITY 0-F SAINT j01-IN February 7th, 2013 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L1, Canada Dear Mayor and Council, AFRICAN CARIBBEAN SOCIETY 100 Tucker Park Road Saint John, NB E2L4L5 Telephone: 506 - 721 -4101 Email: X5b29 @r?unb.ca The UNB Saint John African Caribbean Society (ACS) is planning to hold their annual ever. "Cultural Wave ". This is a student produced event. We plan to bring together African Carib] members of UNBSJ as well as showcasing what we have to offer in 2 hours to be held on M 16th 2013 in the Braid Dining Hall, UNB Saint John Campus. This will serve an educational avenue to show non- African students the diverse cultures and heritage that exist within African and Caribbean continents. On behalf of the African Caribbean. Society, I would like to invite you to become a sponsor 3 help support us with the costs of our event. The Monetary Partnership Tier is as follows (applicable to all donations, cash or product): • Platinum = $1000 donation • Gold = $500 donation • Silver =$300 donation Bronze = $100 donation Our total budget for this event is $6100. In return for your partnership, we can offer your company a unique opportunity to gain greater exposure and recognition among the diverse student body here at the University of New Brunswick Saint John. In addition, your establisl will be affiliated with a. well- respected and growing institution. We would be most appreciative of a telephone call to let us know of your interest. You ma) me at 1- 506 -721 -4101, or X51)2%kinb _ca Thank you for consideration. Sincerely, Lucy Amakodike. Vice President. UNB Saint John African Caribbean Society (ACS). Lovelylucy 1989 @gmail.com 1 Si ned: d COMMON COUNCILICONSEIL CI JANUARY 28, 2013I1-E 28 JAN COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 28, 2013 - 6;00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullertc MacKenzie, McAlary, Merrithew, Norton, and Reardon -and - B. Edwards, Commissioner of Transportation and Envir Services /Acting City Manager; J. Nugent, City Solicitor; Graham, Comptroller; J. Hamilton, Commissioner of Str Services; A. Poffenroth, Deputy Commissioner, Buildinc Inspection Services; W. Reid, Chief of Police; K. Clifforc Chief; J. Taylor, Assistant Common Clerk; and K. Tibbit Administrative Assistant. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Ron Curtis offered the prayer. 2. Approval of Minutes 3. Approval of Agenda On motion of Councillor Merrithew Seconded by Councillor Reardon RESOLVED that item 13.2 Finance Comr 2011 Audited Financial Statements be moved forward on the agenda. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the agenda of this meet) approved with the addition of item 17.1 Committee of the Whole: Recommend{ Appointments to Committees. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor Merrithew declared a conflict of interest on item 9.1 Proposed Zonir Amendment 78 Prince William Street. 6. Consent Agenda 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Heart Month February 2013 9T- COMMON COUNCIUCONSEIL COMMUNAL JANUARY 28, 20131LE 28 JANVIER 2013 10.1 Third Reading - Proposed Plumbing By -Law Amendment On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, "A By -Law tc Amend a By -Law Respecting Plumbing in The City of Saint John" amending paragrapr 5(2)(e) and repealing and replacing subsection 9(2) and 9(3), be read. Question being taken, the motion was carried. The by -law entitled, "A By -Law to Amend a By -Law Respecting Plumbing in The City c Saint John" was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A By -Law tc Amend a By -Law Respecting Plumbing in The City of Saint John" amending paragrapt 5(2)(e) and repealing and replacing subsection 9(2) and 9(3), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A By -Law to Amend a By -Law Respectir Plumbing in The City of Saint John ". 13.2 Finance Committee: 2011 Audited Financial Statements 13.2.1 The City of Saint John General Fund 13.2.2 The City of Saint John Water and Sewerage Utility 13.2.3 The City of Saint John Reserve and Trust Funds 13.2.4 Audited Financial Statements (Presentation) Ms. Graham explained that the 2011 audited financial statements were not able to be finalized until the pension reform process was finalized. Referring to a submitted report, Mr. Roger Bastarache of Ernst & Young outlined the audit process and contents of the report. He explained that the responsibility of Ernst Young is to express an opinion on the financial statements prepared by the City, addir that the audit is conducted in accordance with Canadian generally accepted auditing standards. Referring to the submitted presentation, Kevin Fudge, Assistant Comptroller, addressE Council in terms of the financial statements and together with Hilary Nguyen, Assistan Comptroller, responded to questions from Council. On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the audited financial statementE the City of Saint John General Fund, Water and Sewerage Utility and the Reserve anc Trust Funds for the year ended December 31, 2011 be approved as presented. Question being taken, the motion was carried with Councillor Farren voting nay. IS.- General Correspondence 15.1 Urban Core Support Network - Request to Present COMMON COUNCILICONSEIL Ct JANUARY 28, 20131LE 28 JAN RESOLVED that all items on the supplem agenda be lifted from the table. Question being taken, the motion was carried. 16.11 Approval of Minutes - January 7, 2013 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meetii Common Council, held on January 7, 2013, be approved. Question being taken, the motion was carried. 16.12 Approval of Minutes - January 14, 2013 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeti Common Council, held on January 14, 2013, be approved. Question being taken, the motion was carried. 16.8 City Manager: City of Saint John 2013 Pre - Budget Submission to tl Government of New Brunswick On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Manager in the submitted report City of Saint John 2013 Pre - Budget Submissic Government of New Brunswick Common Council approve and submit the City John's 2013 pre - budget submission to the Government of New Brunswick. Question being taken, the motion was carried. 16.4 City Manager: Appointment of a Heritage Officer Pursuant to the H Conservation Act On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the Manager in the submitted report M &C 2013 -011: Appointment of a Heritage Of Pursuant to the Heritage Conservation Act Common Council appoint Ms. Alice a Heritage Officer for the City of Saint John pursuant to Section 54 of the New Heritage Conservation Act. Question being taken, the motion was carried. 16.13 City Manager: Loch Lomond Road [Russell Street to Westmorland Water, Sanitary and Storm Sewer Renewal and Road Reconstruction On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the Manager in the submitted report M &C 2013 -013: Loch Lomond Road (Russell Westmorland Road) - Water, Sanitary and Storm Sewer Renewal and Road Reconstruction, Council authorize staff to enter into discussions with Provincia 97- COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 28, 2013/LE 28 JANVIER 2013 17.1 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the Committee of the Whole, having met on January 28, 2013, the following appointments committees be made: Planning Advisory Committee: To appoint Keith Brideau, Phillip Hovey and Jen Par] each for a three year term from January 28, 2013 to January 1, 2016. Saint John Industrial Parks: To appoint Kenneth Anthony and Lois Vincent each for three year term from January 28, 2013 to January 28, 2016. PRO Kids: To re- appoint Katie Langmaid, Kathryn Davison and Lisa Frechette each fl a two year term from January 1, 2013 to December 31, 2014. Board of Trustees to Administer Shared Risk Pension: To appoint Kathy Craig, AI< Lock, Ian Polley and John de Gruyter each for a three year term from February 1, 201; to February 1, 2016 or any lesser term as required by the Terms of Reference of the new Pension Board of Trustees to ensure continuity of membership for the long term; and further, the following individuals be identified as suitable candidates should one of the nominees be unable to fulfill their obligations: Cheryl Nolan; Michael Duncan; and Eric Savoie. Question being taken, the motion was carried. (Councillor Merrithew withdrew from the meeting.) 9. Public Hearings 7:00 P.M. 9.1 Proposed Zoning By -Law Amendment 78 Prince William St 9.1.1 Planning Advisory Committee Report recommending Zoning be Denied The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by n zoning a parcel of land having an area of approximately 182 square metres, located al 78 Prince William Street, also identified as being PID Number 00011304, from "B -3" Central Business to "B -2" General Business with no letters of support or opposition be received. Consideration was also given to a report from the Planning Advisory committee submitting a copy of planning staff's report considered at its January 15, 2013 meetinc which time the Committee recommended denial of the rezoning of a parcel of land as described above. The Mayor called for members of the public to speak against the re- zoning with Mr. Peter Asimakos, representing Uptown Saint John, addressing Council. He noted that the property is located in the centre of the commercial district of the uptown and expressed concern that the proposal allows for residential use on street level. Mr. Asimakos added that this street is the first designated historic commercial streetscape Canada and expressed concern with having residential use on the ground floor. The Mayor called for members of the public to speak in favor of the re- zoning with Mr. Donald Hazen of Hazen Investments addressing Council. Mr. Hazen stated that he h; been unable to obtain a commercial user for this space, adding that the high placemei COMMON COUNCIL/CONSEIL C( JANUARY 28, 20131LE 28 JAN Deputy Mayor Rinehart expressed concern that the proposed amendment is cc the recommendations of PlanSJ, adding that she is concerned with setting a pr Councillor Fullerton suggested that the property owner attempt to access grant Uptown Saint John and/or heritage grants to make improvements to the proper would make it more favorable for business use. Councillor MacKenzie expressed concern with the proposal, noting that it is in c with PlanW. Councillor Farren stated that the proposal is in conflict with PlanSJ. Question being taken, the motion was defeated with Deputy Ma Rinehart and Councillors Farren, Fullerton, MacKenzie, Merrithew, and Norton nay. On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, Amend the Zoning By -Law of The City of Saint John ", amending Schedul Zoning Map of The City of Saint John, by re- zoning a parcel of land having approximately 182 square metres, located at 78 Prince William Street, also ids being PID Number 00011304, from "B -3" Central Business to "B -2" General be denied. Question being taken, the motion was carried with Councillor and Reardon voting nay. (Councillor Merrithew re- entered the meeting) 11. Submissions by Council Members 12. Business Matters -Municipal Officers 13. Committee Reports 13.1 Saint John Board of Police Commissioners: Response to Council Resolution respecting Sex Trade Workers (tabled on Jan 14, 2013) On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that item 13.1 Saint John Bo Police Commissioners: Response to Council Resolution respecting Sex Trade be lifted from the table. Question being taken, the motion was carried. Mr. Christopher Waldschutz, chair of the Saint John Board of Police Commissh asked Chief William Reid to address Council regarding the Commission's resp Council regarding sex trade workers. Referring to the submitted report, Chief Reid addressed Council and responde questions. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the recommendation fro 97- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 28, 2013/LE 28 JANVIER 2013 RESOLVED that item 16.3 Sex Trade Action Committee Presentation to Common Council be moved forward on the agenda. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 16. Supplemental Agenda 16.3 Sex Trade Action Committee (Presentation) Dr. Leslie Jeffrey, President of the Board of Aids Saint John, addressed Council in terr of the legal and social issues related to the sex trade. She expressed the view that the most important concern a government body has with respect to policy decisions aroun the sex trade is the safety and security of the women. Cathleen Belliveau, outreach worker for the Sex Trade Action Committee, provided information on the sex trade community in Saint John and responded to questions fron Council. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 16.3 Sex Trade Action Committee: Presentation to Common Council, be received for information. Question being taken, the motion was carried. 16.1 PIaySJ - City of Saint John Parks & Recreation Strategic Plan (Presentation) Mike Hugenholtz of Leisure Services noted that the presentation relates to the draft recommendations of PIaySJ, the proposed new strategic plan for recreation in The Cit" of Saint John. Referring to the submitted presentation, Ms. Lydia Lewycky of Exp Services, addresse Council in terms of the recommendations in the report and together with Mr. Hugenhol responded to questions from Council. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that City Manager oe directed to po: a summary of the recommendations contained in the submitted report with an accessil link to the full document on the City of Saint John website; schedule neighborhood meetings by ward for additional citizen input as soon as possible; make revisions to th document as required; and provide the revised document to Council for adoption on ai appropriate time table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the presentation entitled, Play The City of Saint John Parks and Recreation Strategic Plan, be received for informatic Question being taken, the motion was carried. 16.2 City Manager: 2013 General Capital Budget (Tabled on January 21, 2013) COMMON COUNCILICONSEIL CI JANUARY 28, 2013/LE 28 JAN Mr. Edwards, referring to the conditional listing of $ 3,000,000 to the Exhibition Association, explained that this amount is not included in the recommendation approval of $11,636,000. He suggested that if Council has an interest in pursu proposal from the Exhibition Association that this item be referred to the Regior Services Commission. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council refer tl provisional request of $3,000,000 for the Exhibition Association, as outlined in 1 submitted Appendix A, to the Regional Services Commission for consideration. Question being taken, the motion was carried. 16.5 City Manager: Funding from Government of NB's 2012 Community Recognition Award On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Manager in the submitted report Funding from Government of NB's 2012 Comr Recognition Award Common Council request the City Manager to use the $5,0 from the 2012 Community Recognition Award to secure an energy source for G Square Park. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor MacKenzie RESOLVED that the meeting time be extE beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried. 16.6 City Manager: Safe, Clean Drinking Water Program - P3 Business Study and the Groundwater Exploration Updates On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Manager in the submitted report M &C 2013 -009: Safe, Clean Drinking Water F P3 Business Case Study and the Groundwater Exploration Updates this report received for information. Question being taken, the motion was carried. 16.7 City Manager: Demolition of Vacant, Dilapidated, Dangerous and Building at 68 Morris St (PID # 36020) 16.7.1 Affidavit of Service 16.7.2 Solemn Declaration of Service 16.7.3 Notice to Comply 16.7.4 Decision of Brenton Kean (Lawyers) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the 97- COMMON COUNCILICONSEIL COMMUNAL JANUARY 28, 20131LE 28 JANVIER 2013 16.9 City Manager: City of Saint John's Benefits Plan Individual Large Amount Pooling Referring to a submitted report, the Commissioner of Strategic Services explained that the city is attempting to implement a risk management program to provide additional protection on the City of Saint John's prescription drug benefit plan to guard the plan against catastrophic drug claims. She noted that the recommended option is based o an analysis of the claims over the past three years, adding that it would provide an additional insurance to the City for claims in the $50,000 range. Ms. Katherine Lockhart, Compensation and Benefits Officer, responded to questions from Council. On motion of Councillor Merrithew Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report City of Saint John's Benefits Plan Individual Large Amount Pooling Common Council implement an individual large amount pooling program for the prescription drug benefit with a cap of $50,000 as per Option 3, for a year period and that further review be completed during this time frame; and 1. The City Solicitor be directed to prepare all necessary documents; and 2. The Mayor and Common Clerk be authorized to sign any required contract documents. Question being taken, the motion was carried. 16.10 City Manager: Reversing Falls Bridge Water Main Rehabilitation On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -012: Reversing Falls Bridge Wafer Main Rehabilitation, Contract No. 2013 -3: Reversing Falls Bridge Water Main Rehabilitation be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $768,479.10 as calculated based upon estimated quantities, and further that the Mayo and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the meeting of January 28, 201 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 10:25 p.m. COMMON COUNCILICONSEIL C( JANUARY 30, 20131LE 30 JAN COMMON COUNCIL SPECIAL MEETING — THE CITY OF SAINT JOF CITY HALL — JANUARY 30, 2013 — 6:55 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullertoi McAlary, Merrithew, Norton, Reardon and Strowbridge -and - P. Woods, City Manager; J. Nugent, City Solicitor; J. Ta Assistant Common Clerk and J. Beltrandi Chown, Admii Assistant. 1. Call To Order Mayor Norton called the meeting to order 1.1 Shared Risk Plan - Agreement and Declaration of Trust for City of Saiir Mr. Woods explained that as part of the process of moving forward to a shared pension plan, Council has agreed to a Memorandum of Understanding (MOU) various bargaining units. He noted that the next step in the process is for Coun+ approve the "Declaration of Trust" which he stated had to be in place by Febrw 2013 according to the MOU. He advised that Goodmans Law Firm would also k providing the funding policy and the plan text as part of the overall implementat plan. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Council approve the sub Agreement and Declaration of Trust for City of Saint John Shared Risk Plan, dE February 1St, 2013 with the understanding that the following modifications will b a) Section 3.4(b) be amended by deleting "in the event that any Trustee is not 1 salary or wages while attending to the affairs of the Trust during regular workin± the Trustees shall reimburse from the Fund his or her lost salary or wages up b maximum of $1,500.00 per day per Trustee.° b) That the Pension Board provide periodic reporting and to answer questions Common Council or the City Manager to the satisfaction of Common Council a City Manager. c) That educational requirements of the Pension Board be completed by TrustE the order of preference being given first to electronic conferences and webinan courses within the Province or the Maritimes; then courses within Canada; and courses within continental USA. Question being taken, the motion was carried with Councillor Fu voting nay. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the meeting of January 30`h, 2013 be ai Question being taken, the motion was carried. �.7 REPORT TO COMMON COUNCIL M &C2013 -17 February 11, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Saint John Water — 2012 Annual Wastewater Report BACKGROUND: Municipalities in New Brunswick operate wastewater treatment facilities and collectio: under conditions set out in Certificates of Approval to Operate (COA). Developed by Brunswick Department of Environment and Local Government (NBDELG), the; approvals establish standards for wastewater treatment facilities, collection systerr include pumping stations) and operator training and certification requirements that are to protect public health and the environment. Saint John Water provides the public with a wastewater service that includes treatment and disposal. It operates under the following COA: S -2056, Lancaster Wastewater Treatment Plant y TBD, Eastern Wastewater Treatment Facility — Activated Sludge S -1708, Marsh Creek — Activated Sludge S -2066, Millidgeville — Activated Sludge S -1707, Morna Heights — Trickling Filter S -1705, Greenwood — Trickling Filter M &C2013 -17 February 11, 2013 Page 2 The COA also directs that all municipal wastewater works are required to abide by t Fisheries Act F -14 and the Canadian Environmental Protection Act, 1999. As well, 1 Saint John is responsible for submitting data to the National Pollutant Release Inventor On July 18, 2012, Wastewater Systems Effluent Regulations under the Fisheries published in the Canada Gazette, Part Il. These new regulations are based on the Cal Strategy for the Management of Municipal Wastewater Effluent. Among other things, these regulations establish new National Performance Standards wastewater effluent quality. These standards are reflected in the City's current Ap Operate. Saint John Water fully endorses these standards and the philosophy that the trc disposing of municipal wastewater merits strict regulation. After all, an effective v management service helps protect the public from waterborne disease, protects tl environment including aquatic and wildlife and preserves water sources for safe recreat Protective Barriers Treatment of wastewater is essential for the protection of public health and the receivi for aquatic life and recreational use. It is understood however that wastewater is vuI contamination from many potential threats. Management of Saint John Water is b� system of protective barriers to ensure that the quality of wastewater prior to rele, environment meets or exceeds all limits listed in the COA. Source Wastewater: Wastewater treatment facilities are designed to trf residential waste and not industrial waste. Source identification and enforcemc is the key to reducing industrial contaminants in the wastewater flowing into t treatment facilities, Treatment: Employing the appropriate method of treatment with suffrcie capacity to efficiently process expected wastewater flows, Operations & Maintenance: Staffing levels, operator education certification, management structure and practices, proactive maintenance, Monitoring & Alarms: Sampling plan, SCADA system alarms, lab testin record keeping, reporting and M &C2013 -17 February 11, 2013 Page 3 Annual Report The COA requires an Annual Report to be submitted as is the case for the Drink Service. This report provides the NBDELG with pertinent technical and operating ii relating to the collection and treatment of wastewater such as: Analytical results (wastewater sampling, analysis and compliance), Operational events (including untreated wastewater discharges to the envirom Operator information (training, certifications and staffing changes), and Records of sludge disposal. Saint John Water voluntarily provides additional information in the Annual Report, inc following: National Pollutant Release Inventory, y Water and Sewerage Bylaw violations (when they occur), CALA Certification — Saint John Water Environmental Laboratory, Capital wastewater system improvements, Human Resources, Public information, and Commitment. SYNOPSIS OF REPORT The Annual Wastewater Report, with all its attachments and documents, consists hundred pages of facts and data. Rather than table such a voluminous document with Council, just the main body of the Annual Wastewater Report is attached hereto, with i sections summarized herein. A full copy of the Report with all appendices is on filf Common Clerk. Introduction Saint John Water is responsible for the delivery of water and wastewater services on flip.. Cifv of Cnint Win Tbp Anniin] RPrni4 ic- inf,P" PA 4r% ".r %r;A- +I— ATDTIT✓T r M &C2013 -17 February 11, 2013 Page 4 Brunswick Department of Environment and Local Government's certificates of Al Operate outline the analysis requirements. Saint John Water consistently exceeds the requirements of the Approval to Operate; close monitoring enables better contro efficiency of treatment facility operations. Other testing requirements such as National Pollutant Release Inventory (NPRI), biosolids metals samples are analyzed by contracted laboratories. Toxicity Toxicity testing resumed in 2012 for the two Wastewater categorized as "Large ", namely Lancaster WWTF and the Millidgeville WWTF, categorized as Medium, will resume Buchanan Environmental Ltd on a quarterly basis. All were di testing standards. National Pollutant Release Inventory (NPRI) Treatment Facilities Eastern WWTF. T n 2013. Samples ai emed Non - Lethal as For nine years now, Saint John Water has been reporting to the National Pollutai Inventory (NPRI) due to meeting a number of "triggers" identified in their reporting € There are 4 wastewater treatment facilities and a number of outfalls that trigger rep some parameters. These parameters are as follows; Millidgeville WWTF • Nitrate ion in solution at pH greater than or equal to 6.0 • Total ammonia Eastern WWTF • Nitrate ion in solution at pH greater than or equal to 6.0 Lancaster WWTF • Total ammonia • Lead (and its components) Marsh Creek WWTF M &C2013 -17 February 11, 2013 Page 5 These parameters would have an effect on the toxicity of effluent but they are not at enough to make the effluent `acutely or chronically toxic'. The calculation is ba; effluent flow rate and the concentration of the parameter in the effluent. CALA Certification — Saint John Water Environmental Laboratory The Saint John Water Environmental Laboratory became a member of the Canadian I for Environmental Analytical Laboratories (CAEAL) in 2006. The lab completed I testing in March of 2006 and received a Certificate of Laboratory Proficiency for water and wastewater samples for conductivity, fluoride, Total Suspended Soli Biochemical Oxygen Demand (BOD), turbidity, pH and residual chlorine. Proficienc, completed twice per year in March and October. In March 2007, the Laboratory became proficient for additional wastewater parameter nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxyge (COD) and fecal coliforms. In March 2008, the Laboratory became proficient for Carbonic Biochemical Oxyge: (CBOD). This is an important parameter since it is one of the standards listed in the ni Strategy. On October 1, 2008, the Canadian Association of Environmental Analytical Lz announced that it had transitioned to a new body that is referred to as the Canadian A for Laboratory Accreditation Inc. (GALA) and forwarded a new Certificate of I Proficiency. The Wastewater Systems Effluent Regulations state that sample testing perfc compliance purposes must be carried out by "Accredited Laboratories ". In order t accreditation, the Saint John Water Environmental Laboratory is making preparati CALA assessment. This is planned for early 2013. Capital Wastewater System Improvements Capital improvements were made in two key areas during 2012: 1. Harbour Clean -Up, and 2. Upgrades to existing facilities. M &C2013 -17 February 11, 2013 Page 6 • Lift Station #10, located on the grounds of Harbour Station. This station, whe: in 2013, will form part of the network serving the Eastern WWTF, through I #4. • Lift Station #32, located on Milford Road. This station was activated im directing flows from the lower end of Milford Road to the Lancaster WWTF. • Lift Station #23, located on Bridge Street in the Old North End. This s- activated immediately, directing flows through Spar Cove Lift Station to the M WWTF. • Lift Station #8, located on Crown Street. This station, when activated in 2013, part of the network serving the Eastern WWTF, through Lift Station #4. • Lift Station #I OA, located on Chesley Drive. This station, when activated in form part of the network serving the Eastern WWTF, through Lift Stations #10 • Lift Station #33, located on Tippett Drive. This station was activated im directing flows from the Dominion Park area to the Lancaster WWTF. • Lift Station #7, located on Elliott Row. This station, when activated in 2013, part of the network serving the Eastern WWTF, through Lift Station #4. • Lift Station #7A, located on King Street East. This station, when activated in form part of the network serving the Eastern WWTF, through Lift Station #4. • Lift Station #9, located on Lower Cove Loop. This station, when activated in form part of the network serving the Eastern WWTF, through Lift Stations #8 ai • Lift Station #24, located on Kennedy Street in the Old North End. This st activated immediately, directing flows through Spar Cove Lift Station to the Mi WWTF. • Lift Station #6, located on Rothesay Ave. This station, when activated in 2013, part of the network serving the Eastern WWTF, through Lift Station #4. • Six more lift stations are currently under construction. All lift stations in thf Clean -Up project will be completed in 2013. M &C2013 -17 February 11, 2013 Page 7 lift station steadily increased, it was important to reestablish performance capability t requirement. The electrical entrance and controls were upgraded at Pauline Street Lift Station tc reliability problem caused by water entering through the existing control shelter. Cit3 staff erected a new shelter and City instrumentation staff designed and installec electrical controls. City forces also performed the necessary civil work to prepar Additionally, new variable frequency drives were installed along with inverter rated rr. lift station can now accommodate flows from new development in the area with c modifications to the pumping equipment. A third pump was installed at Simpson Drive Lift Station in 2011. In 2012, the tM pumps were completely overhauled to restore pumping performance and reliability. F of pumping capacity is essential at lift stations like this that run continuously. One new pump was installed at McAllister Drive Lift Station to replace a unit th frequently and was undersized for the application. The new pump has performed flawlf In 2012, Saint John Water proposed a capital budget of just over $19 million, $8.9 mill which was slated for projects related to sanitary infrastructure renewal and wastewater Operator Training and Certification Saint John Water continues to make advances in the operation and maintenance of our wastewater systems. Training is integral to improving operational efficiency and efff A detailed summary of applicable training and certifications is included in the Annual I Communications During the 2012 capital construction season communication was regularly provided i by means of weekly construction updates. This information, compiled by staff in Tran and Environment Services, was shared with the public via the City of Saint John web releases carried in the local newspaper and by email to large distribution groups. T] updates provide citizens with information relating to the limits of work, project start c to be accomplished, traffic impacts where applicable and projected end date. The City's Corporate Communications staff provided excellent support to the Service throughout the year. M &C2013 -17 February 11, 2013 Page 8 RECOMMENDATION: It is recommended that Common Council receive and file this report, and authoriz forward the 2012 Saint John Water — Annual Wastewater Report to the Depai Environment and Local Government on behalf of the City of Saint John (Approval Holc Respectfully submitted, Graham Huddleston, P.Eng. Operations Manager, Environmental Protection Saint John Water Wm. Edwards, P. Eng. Commissioner, Transportation & Environment ft�� �' r� �,✓ l ,�cSv T' r Kendall Mason, P. Eng., PN Deputy Commissioner, Saint John Water C trick Woods, CGA Ci y Manager REPORT TO COMMON COUNCIL T � KIj��:i February 5, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Advanced Metering Infrastructure and Water Meter Renewal BACKGROUND The City of Saint John provides water and wastewater services to homes, businesses and institutions through its utility Saint John Water. Utility services are funded by rate] the Utility) on a user -pay basis in accordance with requirements of the Province's Mun Act. Budgets for water and wastewater have to be balanced; revenues must equal tl operating the utility. Residential customers (three dwelling units or less) pay a flat rate for water and w services, regardless of the amount of water consumed. All water supplied and industrial, commercial and institutional customers (ICI) is based on measured quantitif of a water meter designed for revenue purposes. The Utility's customer breakdown is between flat rate and metered customers. The nui dynamic, but as of this report they are as follows: • Residential Customers - 16,850 flat rate customers • Industrial, Commercial and Institutional — 3,081 metered accounts Customer metering is an important service within the Saint John Water operation as th the costs of the Utility are apportioned to the individual consumer (customer). It is ui M &C2013 -8 February 5, 2013 Page 2 Council has directed staff to begin a process in 2013 which metering of all customers. This report recommends the first Water will report back to Council on the progress of recommendations to achieve metering of all customers. PURPOSE The purpose of this report: would move the Util step in the process. this project and mat 1. To seek Council's approval to initiate a Water Meter Replacement Prc approximately 1,700 water meters that are beyond their useful life 2. To seek Council's approval for the purchase of an Advanced Metering Infr (AMI) system Water Meter Replacement Program The metering or measuring of potable water consumption is a standard practice throu developed world. Environment Canada reports that as of 2009, approximately 801, country's population consumes water on a volumetric (measured) basis. Accurate supports accountability, water conservation, and equity in billing. Most water meters in service are of a design that has been in use for more than 50 ye" time, the internal mechanisms wear and lose precision resulting in inaccurate mean With the increasing pressure on water rates, it is ever more important to measure our ci water consumption as accurately as possible. A review of the Utility's current water meter deployment reveals that approximat( meters have been in service at least 15 years and of these, about 1,100 are more than old. These water meters are beyond their projected life.' In recent years, metering technology has evolved more than at any time in its long histc designs improve accuracy, provide functional alarms, simplify maintenance and, in so] eliminate moving parts. M &C2013 -8 February 5, 2013 Page 3 Upon completion of this project the following benefits will be experienced by the t ultimately the customers: • Approximately 1,400 meters (meter sizes between 5/8" and I") renewed project will carry a 20 -year warranty for accuracy and battery life. • Approximately 300 meters (meter sizes between 11 /2" and 4 ") will be renewed, increased accuracy and a 10 -year maintenance interval. • These approximately 1,700 water meters are beyond their useful life and predi not accurately measuring the water utilized by the customer. Previous analysis water meters replaced by Saint John Water staff have resulted in increased re the Utility as the existing meter was not properly reading the water consum customer. • Eliminate the exposure to lead used in the brass and bronze components of o] meters. • Raise the awareness around water consumption and foster conservation. • The proposed water meters can register lower water consumption flows than thf existing meters. Leaks can be detected allowing customers to undertake repairs wasting water and associated costs. • The proposed water meters provide the Utility the ability to read the meters re: the majority of the older style meters currently in use have mechanical display a have an encoded register to allow for touch read, walk by /drive by or fixed base systems. Advanced Metering Infrastructure (AMI) The City of Saint John has approximately 3,100 water meters in service that require a r be taken on a two (2) month cycle to support the timely and precise invoicing for utility ICI customers are assigned to one of 32 water meter reading routes and each day el collect water meter readings and enter them into a handheld computer. Currently then Saint John Water employees and two Smart cars utilized to read water meters. As an E becomes more experienced with the routes and the location of the meters, there are ef: gained, but this is limited as the process of manually reading water meters is labour i M &C2013 -8 February 5, 2013 Page 4 Scotia Tech Fluid Services has proposed to install the Sensus "FlexNetTM" advanced infrastructure. The system eliminates the requirement for Saint John Water employe meters and provides a number of value added features. The Sensus FlexNetTM System c the following components: • SmartPointTM Transceiver A SmartPointTM transceiver is a two -way radio device capable of transmi receiving data. It is physically wired to a water meter, both of which are loca customer's property, in a location accessible to Saint John Water staff when Once every hour the SmartPointTM communicates with the meter and four time will send the latest meter reading data wirelessly to one or more of the base ste will be located throughout the City. After the FlexNetTM system is functional an( data for each customer is obtained, the SmartPointTM will determine if there ar, conditions regarding the customer's use of water that requires further attent: backflow); at which time the device will immediately send an alarm to Saint Jc Operations for further investigation. • Tower Gateway Base Station A Tower Gateway Base Station (TGB) is Sensus' reference to the data colli receives information from a SmartPointTM and forwards it by a network connect: central servers for processing. The TGBs will be located at selected vanta; throughout the City. • Regional Network Interface The Regional Network Interface (RNI) is a centralized server array where all of readings are compiled, stored, and analysed by the FlexNet software. P information and the reports generated are through this part of the AMI syste system will also forward readings on demand for use in the billing cycle. On Thursday October 18, 2012 Saint John Water staff met with Sensus to review their FlexNet advanced metering infrastructure and to ensure the company understood S, Water's future goal of metering all Utility customers. The Request for Proposal req advanced metering infrastructure to have the ability to communicate with all current & water meters within the area of the existing water distribution system. M &C2013 -8 February 5, 2013 Page 5 current meter locations and current customer civic addresses. The results yielded the three (3) locations for the tower gateway base stations: • Rockwood Park Water Tank • Lancaster Tank • City Hall or a City structure in this area Benefits of Advanced Metering Infrastructure • All water meters will be read on an hourly basis by a radio transmitter and transmission to a central server four (4) times per day. • Alarms will be received upon detection for continuous consumption or empty 1 customer's property (e.g.: a small leak or broken pipe) • Stopped water meters will be detected and repaired as soon as access is availabl+ • Alarms will be received upon detection of a backflow event or meter tarr consumer's property. • Consistent reading cycles will be maintained for billing purposes. Reading unaffected by issues of meter access or staff absences. • Estimated meter readings will be virtually eliminated. • Site visits for special readings (real estate transactions or consumption follow -u1 be required. This will reduce operational costs and improve efficiency. • The frequency of City staff requiring access to private properties will be reduces • Risks to City employees will be reduced. These hazards include dogs, rodents, I and unsanitary conditions, etc. • Improved and enhanced customer service with timely and accurate information conservation initiatives and lost water control. • Reduced operational costs; labour, vehicles and equipment needed to mane M &C2013 -8 February 5, 2013 Page 6 INPUT FROM OTHER SOURCES Materials Management facilitated the RFP process to solicit proposals from the marked the supply, installation and implementation of a fully functional, fixed base, radio frequ Meter Reading System including the renewal of dated water meters. As such, a Reques Proposal (RFP) closed on August 9, 2012 with responses from the following two comp; • Scotia Tech/ Sensus - • Badger Meter - Dartmouth, NS Milwaukee, Wisconsin A Review Committee, consisting of staff from Materials Management and Saint John formed to evaluate submissions. The committee was tasked with the role of reviewing each submission against the prop( evaluation criteria as defined in the Proposal Call document. These criteria consisted of following: • Qualifications • Meter Performance • Project Objectives and Methodology • Warranty • Price In accordance with the City's policies and procedures, separate assessments of the techr financial aspects of the submissions were undertaken by the Review Committee membe At the conclusion of the technical and financial evaluations, the committee unanimously recommended the proposal submitted by Scotia Tech /Sensus. While their bid not only the highest technically, their financial proposal represents the lowest cost solution to the Saint John. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. FINANCIAL IMPLICATIONS This Contract includes work that is charged against the Water & Sewerage Utility Fun Prnvrnm Accrnminor award of tl-ha Cnntrart to Crntia Tw,'k FlrniA QP,- ar M &C2013 -8 February 5, 2013 Page 7 The following analysis has been completed: Total Budget (2012 & 2013) Water & Sewerage Utility Capital Program Project Net Cost (includes HST rebate) Variance $ 1,450,000.( $ 1,299,100.2 $ 150,899.E The proposal from Scotia Tech Fluid Services would provide the following infrastn service: • Installation of the AMI radio frequency meter reading system $ 26( • Install radio transmitters on all current and compatible (approx. 1365) water meters $ 22` • Supply and installation of approximately 1,716 water meters, ranging in size from 5/8" to 4" and the installation of a radio with each meter $ 764 RECOMMENDATION It is recommended that the proposal from Scotia Tech Fluid Services for the installati Sensus F1exNet advanced meter infrastructure and the replacement of approximately l,' meters in the amount of $1,256,033.50 plus HST be accepted and that the Mayor and Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water .Q to 4-•, a) 9 i� O Ln C) +-+ V O O Ca u N N 0 E 0 0 u fa 'V Q. O to E 0 Ln i 4-j m O V) O L 4-J M Ln 4-J Cn V O — Co E v +-+ QJ Q E N c fu O O O v u _� O C: ,-, O Q •O u 4-J V O C ca w 4� ,u m _ v +-j L- L E '� i 41 U CJ in °' ra a O- m L Q) '� -C •i-J • •{-J Q) O � E Q� ® 4-1 Ln N L �_ 'L O — O � - � _ Q N a� � v �- o +6 a a cn .i L L -0 Ln N 4-d Ul ai � p L L 3: � O c Q Ln v Lnu aA u v (1) O m L -� __ b ��� v� �0 111W in O i •N V .� = 4) Lou E W Lu O ma UO Q � C) � O Z O / 1 u (t3 L .Q to 4-•, a) 9 i� O Ln C) +-+ V O O Ca u N N 0 E 0 0 u fa 'V Q. O to E 0 Ln i 4-j m v / nL ^T W L Ca 4-J � J O � � •U O a1 V bA � 1 1 (3) EL O U 4A E un 0 Ln L O � O E Q� L 0 V) Q (� L i C: Q1 • — bz Q� •L L Q� Ln rrt 3 � . Ln sr, bn L w° IX o' E 'o L E Ln Ln m Ln V) 13.5 cm ,a L S c6 o o O M O . cn -Q +6 4-J +, V a� o o Q > 4-J 4-J V) o U E L V) o +� o 13.5 cm ,a L S O M O C o 4-J W o o L L +� o Q) 4- L .� = E U -C tO S+-j '� .� L to - O O Q 'o a i f� Cn O O U E L cc f� O L E to � o C- �o o -0 c o U 4-J 4-J �f6 C: Ln 'E5 O CL a. i j E l V w E V) v / W Vl r t r" •e° i - rui • � .d�lo Y d to f r r ' • , 7J • op o O U 4= a) O w }, O O U a--+ ^jjj W W IleW p U t r" •e° i - rui • � .d�lo Y d to f r r .y ' • , 7J • op tL 1•� ''fir .y 14 1� I f I I I t 1 I jI ti I H E 4a I f I I I t 1 I jI ti I H W m O � � •� N z 0 ..-� � E c: -J rr V �� U- 0 a) O z F— cn _0 a� U a) O •>O U vi O 4A E +� 4-J L pp = �'' C: p j, > 4-J j •� o QL Ca L Q _rZ 4-j co Ca N > U L O a) LI { J� m I I t Tj op ., � rte. -'-t�• j '' �.�' y T 1 � 1f• r � 0 a 1 REPORT TO COMMON COUNCIL M &C2013 -18 February 4, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2011 -11: Marsh Creek —New Collector Sewer and 600mm Force Main Installation PURPOSE The purpose of this report is to update Council on the status of the Marsh Creek — New Sewer and 600mm Sanitary Force Main project and associated costs. BACKGROUND Contract 2011 -11 consists of a project that was approved under the Harbour Clean -Up for the construction of a new collector sewer and 600mm sanitary force main that wil the new Thorne Avenue Lift Station #4 with the previous installed Bayside Drive force the existing sanitary sewers of Crown Street, Rothesay Avenue, Thorne Avenue and Cit The new collector sewer and 600mm, sanitary force main were installed using a combi standard open -cut trench and trenchless methods, in the form of hydraulic jacking an This trenchless method was necessary due to the depths of piping and the need to p; existing critical City infrastructure without affecting its operation. Common Council, at its meeting of June 20, 2011, awarded Contract 2011 -11 (M &C 2 to Gulf Operators Ltd. at a tendered price of $4,575,736.12. The budget for this prof, the Harbour Clean -Up program was $5,041,540.00. The completion cost of thi including engineering and land acquisition was estimated to be $5,060,665.91 resul projected $19,125.91 negative difference in the Water and Sewerage Utility Fun( Program. M &C2013 -18 February 4, 2013 Page 2 project is nearing completion and the majority of quantities and change orders are 1 agreed upon between the City and the Contractor. The additional costs on the proj have been compiled into five categories as follows: 1. Variation between estimated and final quantities ($414,270.44) incorporated into the Work 2. Costs related to downtime while land Agreements were finalized between the City and CN Rail for $555747.08 property adjacent to Dutchmans Creek. 3 Additional boring costs attributed to unsuitable soils. Boulders, cobbles and buried debris delayed timely completion of the jacking & $4241868.81 boring of the various casing pipes. 4 Costs related to use of rented specialized shoring $596,855.43 system while delays in the jacking & boring occurred. 5 Costs for repairs to City Road, investigating unknown sewers, force main connection $615105.51 problems and relocation of boring pit 7A due to unstable soil conditions. Total Change Orders & Additional Quantities: Minus: Contingency Allowance: Net Additional Cost: COST SUMMARY Original Contract Value: Minus: Contingency Allowance: Value of Original Estimated Work: Summary of Change Orders & Additional Quantities : Estimated Final Contract Value: $724,306.39 - $315,270.00 $409,036.39 $45575,736.12 - $315,270.00 $4,2601)466.12 +$724,306.39 $ 4,984,772.51 The estimated ?7 final mmconstruction cost y of y the � project based on change orders y and 1111/]Y1 +1 +1PC +/1 A'a +P YC' 4ZA OQd '771 r.1 1 k,- /717TPrnn nP �P�'[S /PPY1 +�P P['�'lm� +P/[ tl Yt �]1 ^ --+ M &C2013 -18 February 4, 2013 Page 3 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, 'John Campbell, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment 13 L Brian Keenan, P. Eng. Engineering Manager .W atrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2013 - 19 February 4, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2011 -9: Crown Street - Sanitary Lift Station #8 & Force M PURPOSE The purpose of this report is to update Council on the status of the Crown Street — Sar Station #8 & Force Main project and associated costs. BACKGROUND This contract consists of a project that was approved with the 2011 Water & Sewera� Fund Capital under the Harbour Clean -Up Program as follows: • Construction of Lift Station #8 at Crown Street and Force Main/ Collector systen Common Council, at its meeting of July 4, 2011, awarded Contract 2011 -09 (M & C to Fairville Construction Ltd. at a tendered price of $3,437,208.01. M &C2013 -19 February 4, 2013 Page 2 ANALYSIS The work under Contract 2011 -09 has been completed. The final quantities and change orders for the project have been finalized. COST SUMMARY Original Contract Value: $3,4371208.01 Minus Contingency Allowance: - $367,024.00 Value of Original Estimated Work: $3,070,184.01 Summary of Change Orders: +$128,909.55 Variation in Quantities: +$835512.49 Final Contract Value $35282,606.05 The final construction cost of the project based on final change orders and qL $3,282,606.05. The difference between the original tendered price and the final contra a positive variance of $154,601.96 ($3,437,208.01 — $3,282,606.05). RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, L 0 C4V'-t-LJ1 hn Campbell, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. 5L ,- Brian Keenan, P. Eng. Engineering Manager I b • t I REPORT TO COMMON COUNCIL OPEN SESSION cit, M &C2013 -020 February 7, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT Demolition of a vacant, dilapidated and dangerous building at 54 -56 Victoria Streel #376434) BACKGROUND The building at 54 -56 Victoria Street is. a three- storey, dilapidated, vacant unoccupied multi - family residential building. It has been in this state since Augu 2011 when it was first noted as vacant. Staff has noted the building to be open on several occasions since becoming unocci The building is located in a densely populated area of the City's north end. It is cic the Nick Nicolle Community Centre, the Main Street Baptist Church and Lorne NV School. The building is also located in close proximity to its neighbouring buildin the right and left sides, and these are both three- storey multi - family residential build the one on the left being occupied. The building has been open to casual entry on several occasions and when staff wa in the building in April 2012, it was noted that the roof is leaking, there was mold gi in the building, it was being occupied by animals, and there was debris and junk i rear shed. The ground floor openings are now boarded over with plywood panel +L- -- - ­. _ +_ +k- 1. .1,1 ;__ r+ +1, -4- +1-- - ___ __ __ -1 - -1 -- - 1 - - - -- M & C 2013 -020 - 2 - February 7, 2013 In the back yard, there is a large pile of debris that appears to be interior finish, other household items that have been removed from the subject building. The contains sharp nails and other materials that could cause harm to anyone that ma3 the back yard. As a note, during an inspection, children were seen using the yar shortcut to neighbouring properties, so they could be at harm should they fall or pla the debris. Additionally, debris can be used as fuel to a fire and there have been past fire inc that were started when an item or debris was set on fire. In some situations, this hz to other buildings in the area suffering extensive fire - damage and loss of propel other adjacent building owners. The building being located in a densely populate and situated so close to the surrounding buildings means that a fire at the building cause harm to property and people in adjacent buildings and in the neighbounc( general. The owner does not reside in the province and had a property manager in place. contact with the previous property manager requesting that the building be secure the yard cleared of all debris has not lead to sufficient suitable actions to remec conditions. The building has been left in a neglected and abandoned state. The building and the premise are considered a danger to public safety, by reasc dilapidation and vacancy. For these reasons, a Notice to Comply was issued on October 25, 2012. The bu was posted on November 1, 2012 and the owner was called on that same day, to 11 her of the issued Notice having been posted at her building. On November 2, 201 Notice was sent via registered mail to the owner and on November 26, 2012, i returned by Canada Post as unclaimed, despite confirmation of the owner's ac during the phone call. The Notice was scanned and sent via email to the owner ar responded to the Notice via email. As previously stated, it was posted at the buildin means of acceptable service as per section 190.011 of the Municipalities Act. Ther the Notice required compliance by January 2, 2013. No appeal hearing was applied Inspections of the property were conducted on January 4, 2013 and February 1, Both inspections found that the condition of the building and premise had not cha The owner has been in contact with staff since having received the Notice. She infc staff via email to proceed with demolition. At the advice of the City Solicitor's Office, staff also ensured that the mortgage( informed through email and registered mail that the building had been posted wit NTH +ino, +r% 7 ri riA +�o+ c +o- throe. n 11 .;4N n ­­4- - ('1................. i'l._...... 1 M & C 2013 -020 -3 - February 7, 2013 structural strength, or being vacant or unoccupied, the municipality may cau building to be demolished. As required in the Act a report from an engineer is att forming part of the issued Notice to Comply, and provides the evidence to the bull vacancy and dilapidation and resulting hazard to the safety of the public. As is written in the Act that a municipality must commence in the proceedir remedial action, approval of Common Council is required prior to starting demo activities at this property. Cost of the demolition work is approximated at $15,( $20,000 and will take about 2 -4 weeks before it is complete. Staff will seek comp bidding in accordance with the City's purchasing policy and the cost of the work N billed to the property owner. If the bill is left unpaid, it will be submitted to the Pr( with a request for reimbursement. RECOMMENDATION Your City Manager recommends that Common Council direct one or more ( Officers appointed and designated by Council for the enforcement of the Saint Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange f demolition of the building at 54 -56 Victoria Street (PID #376434), in accordance wi applicable City purchasing policies. Respectfully submitted, Pamela Bentley, P.Eng. Technical Services Engineer Growth and Development Services ew, ) Amy Poffe of , P.Eng., MBA Acting Commissioner and Building Inspector Growth and Development Services ,IC ` Rat -rk Wnnrlc (':(TA ti ell N-Mn�17%,Z�vo OpIrAlluk. I--- Nq fA 4A F // F. = -f 9 l� r r 1i' • i 0 ATIST, , 4ff..j t/ f t too, At f =7 4 yr_•r fl) r: s f .f f It 10, p Rif 't .a� Bentley, Pamela From: shelagh michalski [shelaghmichalski @yahoo.ca] Sent: Monday, November 26, 2012 8:51 PM To: Bentley, Pamela Subject: Re: Notice to Comply for 54 -56 Victoria St Letter sent last week pertaining to building on Victoria. You're welcome to tear it down anytime you like. Hello Pamela, I think it might as well be faced that there will be no more wor] my building on Victoria St. It looks as though it won't sell eil am faced with the difficult decision to lose it completely by hal torn down. Since I am faced with those choices, it looks as thol will have to be torn down. So that is my answer to the city. Sincerely, Shelagh Michalski From: "Bentley, Pamela" < Pam ela.BentleyCa.saintiohn.ca> To: 'shelagh michalski' <shelaghmichalski(aD-yahoo.ca> Sent: Monday, November 26, 2012 11:19:55 AM Subject: Notice to Comply for 54 -56 Victoria St On November 1, 2012, I called to inform you that a Notice to comply had been issued and poste( building at 54 -56 Victoria Street. I sent the notice via registered mail to your address, however, it was returned by Canada Post this I have attached a copy of the Notice in lieu of sending it again via Canada Post. Please be advised that this has been posted at the building as of November 1St and therefore, coma required by January 2, 2013. Pamela Bentley FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, s.190.01(3)) Parcel Identifier: 376434 FORMULE 1 AVIS DE CONFORMIT (Loi sur les municipalitis, L.R.N. -1 ch. M -22, par. 190.01(3) Numbro d'identification de la parcelli Address: 54 and 56 Victoria Street, Saint John, New Adresse : 54 et 56, rue Victoria, Saint J Brunswick Brunswick Owner(s) or Occupier(s): Name: Michalski, Shelagh Elizabeth Address: 175 Neza Road, Lake Cowichan, British Columbia, VOR 2GO Municipality issuing notice: The City of Saint John Proprietaire(s) ou occupant(s) : Nom : Michalski, Shelagh Elizabeth Adresse : 175, chemin Neza, Lak Colombie- Britanni.que, VOR 2GO Municipalite signifiant Pavis : The Ci John By -law contravened: Saint John Unsightly Premises Arrete enfreint : Arrete relatif aux lies, and Dangerous Buildings and Structures By -Law, By- et aux bdtiments et constructions dank law Number M -30 and amendments thereto (the `By- John, Arrete numero M -30, air law "). modifications ci- afferentes (P << Arrete Provision(s) contravened: Paragraphs 190.01(1)(a), Disposition(s) enfreinte(s) • Les 190.01(1.1) and 190.01(2) of the Municipalities Act, and 190.01(1)(a), 190.01(1.1) et 190.01(2) amendments thereto. les municipalites, ainsi que les afferentes. Description of condition(s): The premise is unsightly by permitting junk, rubbish and construction material to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied, and, has become a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated October 12, 2012 prepared by Pamela Bentley, P. Eng., By -law Enforcement Officer and reviewed by Amy Poffenroth, P.Eng., By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. Description de la (des) condition(s) inesthetique en permettant la presence detritus et une accumulation de residu d Le batiment est devenu dangereux you public du fait de son inhabitatiot inoccupation et, est devenu dangereux du public du fait de son delabrement et de solidite. Les conditions du batime sont decrites a Pannexe << A », une cop rapport d'inspection en date du 12 o prepare par Pamela Bentley, ing., une de 1'execution des arretes municipaw Amy Poffenroth, ing., une agent( 1'execution des arretes municipaux. Mesure(s) a prendre : La proprietain les conditions en se conformant aux re( du rapport d'inspection susmentionne batiment et les lieux en conformites ave In the event that the owner does not remedy the Dans 1'eventualite que la proprietaire n condition of the building and premises in the time le batiment et les lieux dans le temps prescribed by this Notice to Comply, the building may present avis de conformite, le batim( be demolished as the corrective action to address the demoli comme mesure corrective con items on the premises do not include the carry-out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. et autres items sur les lieux ne comp nettoyage, la remise en etat des lieux, des biens personnels ou toute autre me dans le but de contr6ler ou de reduire deversement, de modifier le mode de d le deversement d'un polluant d F environnement ou toute partie de Pens Date by which the remedy or remedies must occur:1 Date a laquelle la on les mesures prisesi : a) The demolition of the building, clean -up of the a) La demolition du batiment et if property and related remedies must be complete, lieux doivent etre completees, or plans and permit applications for repair les plans et demande de per related remedies, must be submitted: within 60 mesures des reparations, days of being served with the Notice to Comply. soumises, dans les 60 jours signification de Pavis de confoi b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. b) Les reparations reliees aux m etre completees dans les 1: suivent la signification d conformite. Date by which notice may be appealed: Within 14 Date a laquelle un appel de Pavis peu days of being served with the Notice to Comply. Dans les 14 jours qui suivent la notifica de conformite. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Processus d'appel : La proprietaire pi jours qui suivent la notification conformite, envoye un avis d'appe: recommande a la greffiere comn municipalite, a The City of Saint Jo 116tel de ville, 8e etage, 15 Market John, Nouveau - Brunswick, E2L 4L1. Penalite possible pour non- conformit prescrit2 : Le paragraphe 190.03(1) df municipalites prevoit quiconque omet c aux exigences formulees dans un avis notifie aux termes de Particle 190.01 commet une infraction qui est punissd la Partie II de la Loi sur la procedure infractions provinciales a titre d'infract F. Lorsqu'une infraction prevue au paragr se poursuit pendant plus d'une jouw minimale qui peut etre imposee minimale prevue par la Loi sur applicable aux infractions provincic infraction de la classe F multipliee pa jours pendant lesquels Finfractior conformement a Palinea 190.03(1.2)(b) Municipality's authority to undertake repairs or Pouvoir de la municipalite dent remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1) reparations ou de prendre les and 190.04(1)(b) of the Municipalities Act states that i£ Conformement aux alineas n AT., +;. _ +_ n... ��- '- -- ,- - owner or occupier and becomes a debt due to the frais relatifs a 1'execution de ces trava municipality. toute redevance ou tout droit afferent, s( du proprietaire ou de Foccupant et d creance de la municipality. Dated at Saint John the4"5 day of October, 2012 Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Pamela Bentley Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10`' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 61 ?. -F 19q Email: pamela. Seal of munici] Notes: 1. All appropriate permits must be obtained and all relevant Iegislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait a Saint John le octobre, 2012. Municipality: The City of Saint John Signature de la representante municipal( Coordonnees de la representante mux Nom: Pamela Bentley Adresse postale: Departement aux services d'inspei batiments The City of Saint John 15 Market Square Edifice de Ph6tel de ville, l0e etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 Telephone: (506) 658 -2911 Telecopieur : (506) 632 -6199 Courriel: pamela.bentley @saintjohn.ca Sceau de la municipalite Notes : L Tous les permis prescrits doivent etre of legislation pertinente doit etre respectee, pendar mesure de recours. 2. Le paiement de Pamende n'annule pas 1'oblij 1' arrete, la norme ou P avis de conformite. 3. Les couts deviennent une dette envers la muni etre ajoutes a 1'avis d'evaluation et d'imp6t fo provincial. INSPECTION REPORT Schedule "A" 54 -56 Victoria Street Saint John, New Brunswick PID# 376434 Inspection Date: October 1, 2012 Inspector: Pamela Bentley Introduction I hereby certify that this document is a true copy original. Dated at Saint John, this day of §tandards officer Inspections of the property noted above have revealed that the building on the prope vacant and unoccupied, and dilapidated and has been open to casual entry. Ther, large pile of debris and wood paneling in the yard at the back of the property any creates a fire hazard as well as an unsightly condition. The building is a hazard 1 safety of the public by reason of being vacant or unoccupied. Discussion The building is not in compliance with the Saint John Unsightly Premises and Dang Buildings and Structures By -law, By -law Number M -30, and amendments thereto `By- law "). Unsightly Paragraph 190.01(1)(a) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to unsightly by permitting to remain on any part of such premises any a; junk, rubbish or refuse. 1. The back yard of the property contains a large pile of debris made up of mat stripped from the interior of the building, including wood paneling, ply, strapping and plaster. Additionally, there are several discarded kitchen appli including stoves and refrigerators. The debris contains nails and other objects that could cause harm to someone should they trip and fall on the d Additionally, the pile is located close to the house and could be used as fuel fire. It should be noted that wood paneling has a very high flame spread and would ignite quickly. Other fires in the local area have been started in s manners. Vacant and Unoccupied Paragraph 190.01(1.1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied b; or her to become a hazard to the safety of the public by reason of vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacE unoccupied for the following reasons: 1. The building has been left open to the public on several occasions sii least August 2011 when it was first noted as being vanar,* r,,,,.., vandalism and theft. Additionally, the secured plywood panel at the ba the house had been ripped off, so unwanted entry is being obtained. 3. There is a high risk of a fire event occurring at the building due to it 1 known to the public that it is vacant, and because of evidence that it is 1 accessed by the public. The potential of a fire event is also amplified be+ of combustible material that is piled in the rear yard. A fire at the property would be a hazard to the neighbouring building their occupants. The buildings in this neighbourhood are close togethe higher density residential homes, so the impact of a fire would be more s to property and to public safety. 4. There is a concern for firefighter safety, in the event of a fire. Sinc building has been open to the public in the past, it would be reasonab firefighters to enter it in the event of a fire to check for people inside. 5. The building is known to be open to animals. In April 2012, members Buildings and Inspection Services Department noted that there were a feces in the building and that at least one raccoon was present. This a unsanitary conditions and potential health hazards to anyone who m entering the building. Mould growth was also noted along the walls in si locations and this is also a health hazard to anyone who may be i building. 6. The building is located in a densely populated area and within w� distance to the North End Community Centre, the Main Street Baptist Cl and the Lorne Middle School. The building is also approximately 2 r from a multi -unit residential building at 52 Victoria Street and is di adjacent to the sidewalk on Victoria Street. The building's vacancy ana occupancy pose a hazard to the safety of the public because of the cond stated above. Its proximity to these locations amplifies this hazard becai the amount of pedestrian traffic and population density in the area. Dilapidated Paragraph 190.01(2) of the Municipalities Act states No person shall permit a building or structure owned or occupied b or her to become a hazard to the safety of the public by reas dilapidation or unsoundness of structural strength. The buildings are hazards to the safety of the public by reason of dilapidation f following reasons: 1. There is broken glass in several windows and on the floor inside. ) building is not secure, the broken glass poses a hazard to the safety of a entering the building because it could cause injury. 2. The roof is leaking as there was water and mould noted in several locatii the top floor. The water entering the building is causing accel deterioration of the building's interior and this can lead to decay and growth. The door at the first floor rear exit was ripped off and the of was boarded with plywood which was also torn off the building. The 1 Protection from the el Pfm -- +. ; . ,_ _ _ _ windows are covered with sheets of plywood, so there is little natural lig available, making the hazards undetectable. Additionally the debris and could fuel a fire. In its current state, the building is not suitable for human habitation and does not me requirements for minimum standards governing the condition, occupancy maintenance of residential property as described in the Saint John Minimum Pro Standards By -law, By -law Number M -14 and amendments thereto (the "Saint Minimum Property Standards By- law "), and/or the Residential Properties Maintel and Occupancy Code Approved Regulation = Municipalities Act, New Brun; Regulation 84 -86, under the Municipalities Act and amendments thereto (the "Code therefore could not be occupied without extensive and potentially costly repair. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the building through all repair and remedial ac as follows: 1. The building must be completely repaired so it may become occupied maintaining minimum standards as described by the Saint John Min, Property Standards By -law and the Code. 2. The building must be maintained, kept secure, and monitored on a routine while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Buildings and Inspection Sex Department of the City of Saint John (the "Department ") for review and apps This plan should also include a schedule for the work that is to be carried out repaired building must meet the National Building Code of Canada (2005) a; as other applicable codes. 4. The detailed plan, including schedules and reports, must be approved Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work pri commencing said work from the City of Saint John in order to comply wit Saint John Building By -law, By -law Number C.P. 101 and amendments tl (the "Saint John Building By- law "). 6. The premise must be cleared of all debris found on the property, includin; plywood, appliance and other rubbish that could be considered hazardous a unsightly. The debris from the premise must be disposed of at an approved waste disposal site, in accordance with all applicable by -laws, acts regulations. Documented proof, that clearly demonstrates an approved solid disposal site was used for the disposal of debris, must be provided t Department. The premise must comply with all applicable by -laws, acts, and regulations. Option 2: Demolition of the building and cleanup of all debris on the peemi, complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the 1 by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in orc comply with the Saint John Building By -law. 3. The premise must be cleared of the debris from the demolition and the lot mi made reasonably level with grade so as to not create a tripping or falling h,, All debris must be disposed of at an approved solid waste disposal site, a accordance with all applicable by -laws, acts and regulations. Documented that clearly demonstrates an approved solid waste disposal site was used fi disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of approved solid waste disposal site. nnri ;., ,,,,.,,,.a„�..� _ _ _ Prepared by: Pamela B"P.Eng. Technical ervces ngineer Growth and Development Services Reviewed by: Amy Poffenr P. Eng., MBA Building Inspector Growth and Development Services C"�e f2- 2,012- Date Date . 11 . PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 54 -56 VICTORIA STREET, SAINT JOHN, N.B. (PID# 376434) SOLEMN DECLARATION OF SERVICE I, Darryl Berube, of the Town of Quispamsis, in the County of Kings and Proving of New Brunswick solemnly declare: 1. On the 1St day of November, 2012, at approximately 11:05 a.m., I posted copy of the attached Notice to Comply, marked Exhibit "A" and a copy of the attached Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at 54 -56 Victoria Street, Saint John, New Brunswick. Solemnly declared before me at the City of Saint John, N.B., on the day of .`yl - ,2012 PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 2013 This is Exhibit - H .Referred to in the Affidavit of PA,MELI _ COMMIS; S�aern b ore me at the City of MY COMA DECEMBE Saint John, New Br nswick ove __12L day of ,r , 2—(7. 1 Z._ FORM 1 'Commissioner of Oaths �'' ORMULE 1 NOTICE TO COMPLY AVIS E CONFORMIT (Municipalities Act, R.S.N.B. 19739 (Loi sur les municipalites, L.R.N: 1 c.M -22, s.190.01(3)) ch. M -22, par. 190.01(3); Parcel Identifier: 376434 Numbeo Widentification de la parcell( Address: 54 and 56 Victoria Street, Saint John, New Adresse : 54 et 56, rue Victoria, Saint J Brunswick Brunswick Owner(s) or Occupier(s): Name: Michalski, Shelagh Elizabeth Address: 175 Neza Road, Lake Cowichan, British Columbia, VOR 2G0 Municipality issuing notice: The City of Saint John Proprietaire(s) ou occupant(s) : Nom : Michalski, Shelagh Elizabeth Adresse : 175, chemin Neza, Lali Colombie- Britannique, VOR 2G0 Municipalite signifiant Pavis : The Ci John By -law contravened: Saint John Unsightly Premises Arrete enfreint : Arrete relatif aux lie14 and Dangerous Buildings and Structures By -Law, By- et aux bdtiments et constructions dank law Number M -30 and amendments thereto (the `By- John, Arrete numero M -30, ail law "). modifications ci- afferentes (P « Arrete : Provision(s) contravened: Paragraphs 190.01(1)(a), Disposition(s) enfreinte(s) • Les 190.01(1.1) and 190.01(2) of the Municipalities Act, and 190.01(1)(a), 190.01(1.1) et 190.01(2) amendments thereto. les municipalites, ainsi que les afferentes. Description of condition(s): The premise is unsightly by permitting junk, rubbish and construction material to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied, and, has become a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated October 12, 2012 prepared by Pamela Bentley, P. Eng., By -law Enforcement Officer and reviewed by Amy Poffenroth, P.Eng., By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. Description de la (des) condition(s) inesthetique en permettant la presence detritus et une accumulation de residu c Le batiment est devenu dangereux you public du fait de son inhabitatioi inoccupation et, est devenu dangereux du public du fait de son delabrement et de solidite. Les conditions du batime sont decrites a P annexe « A », une cop rapport d'inspection en date du 12 o prepare par Pamela Bentley, ing., une de 1' execution des arretes municipau; Amy Poffenroth, ing., une agent( 1' execution des arretes municipaux. Mesure(s) i prendre : La proprietain les conditions en se conformant aux re( du rapport d'inspection susmentionne batiment et les lieux en conformites ave In the event that the owner does not remedy the Dans P eventualite que la proprietaire n condition of the building and premises in the time le batiment et les lieux daps le temps prescribed by this Notice to Comply, the building may present avis de conformite, le batim( be demolished as the corrective action to address the demoli comme mesure corrective con items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. et autres items sur les lieux ne compr nettoyage, la remise en etat des lieux, ( des biens personnels ou toute autre meq dans le but de contr6ler ou de reduire, deversement, de modifier le mode de di le deversement d'un polluant d F environnement ou toute partie de F env Date by which the remedy or remedies must occur:1 Date a laquelle la ou les mesures prisesi : a) The demolition of the building, clean -up of the a) La demolition du batiment et le property and related remedies must be complete, lieux doivent titre completees, or plans and permit applications for repair les plans et demande de pen related remedies, must be submitted: within 60 mesures des reparations, days of being served with the Notice to Comply. soumises, dans les 60 jours signification de Favis de confor. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. b) Les reparations reliees aux mi titre completees dans les 12 suivent la signification d, conformite. Date by which notice may be appealed: Within 14 Date a laquelle un appel de 1'avis peui days of being served with the Notice to Comply. Dans les 14 j ours qui suivent la notificai de conformite. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8`h Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time:2 Paragraph 190-03(l) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Processus d'appel : La proprietaire pt jours qui suivent la notification conformite, envoye un avis d'appe] recommande a la greffiere coma municipalite, a The City of Saint Jo: Ph6tel de ville, 8e etage, 15 Market John, Nouveau - Brunswick, E2L 4L1. Penalite possible pour non- conformit prescrit2 : Le paragraphe 190.03(1) de municipalites prevoit quiconque omet d aux exigences formulees dans un avis notifie aux termes de F article 190.01 commet une infraction qui est punissal la Partie II de la Loi sur la procedure infractions provinciales a titre d'infract F. Lorsqu'une infraction prevue au paragr se poursuit pendant plus d'une jour minimale qui peut titre imposee minimale prevue par la Loi sur applicable aux infractions provincit infraction de la classe F multipliee pa jours pendant lesquels Finfractior conformement a Falinea 190.03(1.2)(b) Municipality's authority to undertake repairs or Pouvoir de la municipalite d'ent remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1) reparations ou de prendre les and 190.04(1)(b) of the Municipalities Act states that if Conformement aux alineas owner or occupier and becomes a debt due to the frais relatifs a 1'execution de ces trava municipality. toute redevance ou tout droit afferent, sl du proprietaire ou de 1'occupant et d creance de la municipalite. Dated at Saint John the day of October, 2012. Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Pamela Bentley Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10t' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 617 -61 QQ Email: pamela. Seal of munici] Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait a Saint John le octobre, 2012. Municipalite : The City of Saint John Signature de la representante municipal( Coordonnees de la representante mui Nom: Pamela Bentley Adresse postale: Departement aux services d'inspe batiments The City of Saint John 15 Market Square Edifice de 1'h6tel de ville, l0e etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 Telephone : (506) 658 -2911 Telecopieur : (506) 632 -6199 Courriel: pamela.bentley @saintjohn.ca Sceau de la municipalite Notes : 1. Tous les permis prescrits doivent etre of legislation pertinente doit etre respectee, pendar mesure de recours. 2. Le paiement de Pamende n'annule pas 1'obli; 1'arrete, la norme ou Pavis de conformite. 3. Les couts deviennent une dette envers la mun etre ajoutes a 1'avis d'evaluation et d'imp6t fc provincial. INSPECTION REPORT Schedule "A" 54 -56 Victoria Street Saint John, New Brunswick PID# 376434 Inspection Date: October 1, 2012 Inspector: Pamela Bentley Introduction I hereby certify that this document is a true copy priginal. Dated at saint John, this day of §1 duds Officer Inspections of the property noted above have revealed that the building on the prope vacant and unoccupied, and dilapidated and has been open to casual entry. Ther( large pile of debris and wood paneling in the yard at the back of the property an( creates a fire hazard as well as an unsightly condition. The building is a hazard t safety of the public by reason of being vacant or unoccupied. Discussion The building is not in compliance with the Saint John Unsightly Premises and Dang, Buildings and Structures By -law, By -law Number M -30, and amendments theretc "By-law'). Unsightly Paragraph 190.01(1)(a) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to i unsightly by permitting to remain on any part of such premises any as junk, rubbish or refuse. 1. The back yard of the property contains a large pile of debris made up of mat stripped from the interior of the building, including wood paneling, ply` strapping and plaster. Additionally, there are several discarded kitchen appli including stoves and refrigerators. The debris contains nails and other objects that could cause harm to someone should they trip and fall on the d Additionally, the pile is located close to the house and could be used as fuel fire. It should be noted that wood paneling has a very high flame spread i and would ignite quickly. Other fires in the local area have been started in si manners. Vacant and Unoccupied Paragraph 190.01(1.1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied b: or her to become a hazard to the safety of the public by reason of vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vaca unoccupied for the following reasons: 1. The building has been left open to the public on several occasions sir least August 2011 when it was first noted ac henna, xra,,,,,+ vandalism and theft. Additionally, the secured plywood panel at the bay the house had been ripped off, so unwanted entry is being obtained. 3. There is a high risk of a fire event occurring at the building due to it 1 known to the public that it is vacant, and because of evidence that it is t accessed by the public. The potential of a fire event is also amplified be( of combustible material that is piled in the rear yard. A fire at the property would be a hazard to the neighbouring building! their occupants. The buildings in this neighbourhood are close together higher density residential homes, so the impact of a fire would be more sl to property and to public safety. 4. There is a concern for firefighter safety, in the event of a fire. Sinc building has been open to the public in the past, it would be reasonabl firefighters to enter it in the event of a fire to check for people inside. 5. The building is known to be open to animals. In April 2012, members c Buildings and Inspection Services Department noted that there were aj feces in the building and that at least one raccoon was present. This cl unsanitary conditions and potential health hazards to anyone who m,, entering the building. Mould growth was also noted along the walls in se locations and this is also a health hazard to anyone who may be i building. 6. The building is located in a densely populated area and within we distance to the North End Community Centre, the Main Street Baptist C1 and the Lorne Middle School. The building is also approximately 2 n from a multi -unit residential building at 52 Victoria Street and is di adjacent to the sidewalk on Victoria Street. The building's vacancy and occupancy pose a hazard to the safety of the public because of the cond stated above. Its proximity to these locations amplifies this hazard becai the amount of pedestrian traffic and population density in the area. Dilapidated Paragraph 190.01(2) of the Municipalities Act states No person shall permit a building or structure owned or occupied b or her to become a hazard to the safety of the public by reas dilapidation or unsoundness of structural strength. The buildings are hazards to the safety of the public by reason of dilapidation following reasons: 1. There is broken glass in several windows and on the floor inside. Y building is not secure, the broken glass poses a hazard to the safety of a entering the building because it could cause injury. 2. The roof is leaking as there was water and mould noted in several locatic the top floor. The water entering the building is causing accel deterioration of the building's interior and this can lead to decay and growth. The door at the first floor rear exit was ripped off and the of was boarded with plywood which was also torn off the building. The l; protection from _ _ windows are covered with sheets of plywood, so there is little natural lig available, making the hazards undetectable. Additionally the debris and could fuel a fire. In its current state, the building is not suitable for human habitation and does not me( requirements for minimum standards governing the condition, occupancy maintenance of residential property as described in the Saint John Minimum Pro, Standards By -law, By -law Number M -14 and amendments thereto (the "Saint Minimum Property Standards By- law "), and/or the Residential Properties Maintetl and Occupancy Code Approved Regulation = Municipalities Act, New Bruns Regulation 84 -86, under the Municipalities Act and amendments thereto (the "Code' therefore could not be occupied without extensive and potentially costly repair. Required Remedial Actions The owner must comply with one of the two options stated below: Option I: Remedy the conditions of the building through all repair and remedial ac as follows: 1. The building must be completely repaired so it may become occupied maintaining minimum standards as described by the Saint John Mini Property Standards By -law and the Code. 2. The building must be maintained, kept secure, and monitored on a routine while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Buildings and Inspection Set Department of the City of Saint John (the "Department ") for review and apps This plan should also include a schedule for the work that is to be carried out repaired building must meet the National Building Code of Canada. (2005) w as other applicable codes. 4. The detailed plan, including schedules and reports, must be approved Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work pri commencing said work from the City of Saint John in order to comply wit Saint John Building By -law, By -law Number C.P. 101 and amendments tl (the "Saint John Building By- law "). 6. The premise must be cleared of all debris found on the property, includin; Plywood, appliance and other rubbish that could be considered hazardous a unsightly. The debris from the premise must be disposed of at an approved waste disposal site, in accordance with all applicable by -laws, acts regulations. Documented proof, that clearly demonstrates an approved solid disposal site was used for the disposal of debris, must be provided t Department. The premise must comply with all applicable by -laws, acts, and regulations. Option 2: Demolition of the building and cleanup of all debris on the premi complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the 1 by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in or( comply with the Saint John Building By -law. 3. The premise must be cleared of the debris from the demolition and the lot mi made reasonably level with grade so as to not create a tripping or falling h; All debris must be disposed of at an approved solid waste disposal site, a accordance with all applicable by -laws, acts and regulations. Documented that clearly demonstrates an approved solid waste disposal site was used fi disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of amoroved cnim txYaota Prepared by: Pamela Bentley, P.Eng. Technical Services Engineer Growth and Development Services Reviewed by: Amy Poffenr P. Eng., MBA Building Inspector Growth and Development Services 12- 2-e)l 2- Date NOTICE OF APPEAL FORM 1 (Municipalities Act, R.S.N.B. 1973, c. M -22, s.190.021(1)) File No.: BETWEEN: Appellant(s), .M THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: AVIS D'APPEI FORMULE 1 (Loi sur les municipalites, L.R ch. M -22, par. 190.0: N° du dossier: ENTRE: This is Exhibit Li 13 jq .Referred to in the Affidavit bar( u-1 Bev -62 levy) "V Swe1r� -p ore me at the Ci `` " - nswic th ) g d y of —1 VLtl Commissioner of Oaths PAMELApM1H th - et - COMMISSIONER MY COMMISSION DECEMBER 31sT, THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parce Adresse de la parcelle : Proprietaire(s) ou occupant(s) : Nom : Adresse: Telephone: Nom: Adresse : -2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. L' appelant(s) susnomme(s) n' acc modalites ou les conditions qui y P avis qui a ete notifie aux termes de 1 la Loi sur les municipalites et fait d 'appel des proprietes inferieures at John. The appellant's grounds for this appeal are as follows Les motifs d' appel de P appelant(s) d, (set out the grounds clearly but briefly): sont les suivants (enoncer les motifs concise) : Dated at the day of Fait a , 2012. Signature of owner or occupier The appellant(s) intends to proceed in the English ❑ or French ❑ language (Please check the appropriate box). 2012. Signature du proprietaii L'appelant(s) a (ont) l'intention frangaise ❑ ou anglaise ❑ (Veui1 app ropriee). Please forward your Notice of Appeal by registered Veuillez faire parvenir votre Avis u mail to the clerk of The City of Saint John within recommande au secretaire de The fourteen (14) days after having been given the notice dans les quatorze (14) fours qui st at the following address: de Vavis a Vadresse suivante : Common Clerk's Office 15 Market Square, City Hall Building, 8th Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopier: 506- 674 -4214 Bureau du greffier communal 15 Market Square, Edifice de 1'hote: Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 Telephone: 506-658-2862 Telecopieur: 506 -674 -4214 -3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 2. Lors d'un appel, le Comite d'a inferieures aux normes de Saint Jo point en litige, une audience au col proprietaire(s) ou 1'occupant(s) qui i (ont) le droit d'etre entendu(s) et representer par un avocat. 3. On an appeal, the Saint John Substandard 3. Lors d'un appel, le Comite d'a Properties Appeal Committee may confirm, modify inferieures aux normes de Saint J( or rescind the notice or extend the time for complying modifier ou annuler 1' avis ou proro; with the notice. conformer. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 4. Le Comite d'appel des propm normes de Saint John doit fourn decision au(x) proprietaire(s) ou lieux, du batiment ou de la constn inter] ete appel dans les quatorze (. date a laquelle it a rendu sa decision 5. Le(s) proprietaire(s) ou 1' occupw d'une decision a ete fournie par le proprietes inferieures aux norm peut(vent), dans les quatorze (14) inter] eter appel de la decision devar du Banc de la Reine du Nouveau - que (a) la demarche a suivre en ve municipalites n'a pas ete suivie, U manifestement deraisonnable. February 11, 2013 Deputy Mayor Shelley Rinehart and Members of Common Council Deputy Mayor and Councillors: Subject: 2011 -2014 Local 771 Collective Agreement The Committee of the Whole, having met on February 11, 2013 adopted the following resc RESOLVED that the Committee of the Whole recommends that as recommended by the Ci Manager in the submitted report 2011 -2014 Local 771 Collective Agreement, the followinE resolution be adopted by Common Council: RESOLVED, that the Mayor and Common Clerk be authorized to execute the submitted col agreement between the City and IAFF Local 771, for the term of January 1, 2011 to Decem 31,2014. Respectfully, Mayor Mel Norton 2411- 2014 COLLECTIVE AGREEMENT BETWEEN THE CITY OF SAINT JOHN, N. B. "THE EMPLOYER" O THE SAINT JOHN FIRE FIGHTERS' ASSOCIATION LOCAL UNION NO. 771 Local 771 Contract TABLE OF CONTENTS Article No. Article Name S1 1 Intent and Purpose 2 Recognition 3 Continuance of Operations 4 No Discrimination 5 Union Security 6 Union Rights 7 Management Rights 8 Departmental Rules 9 Labour Management Committee 10 Terms of Employment 11 Seniority 12 Hours of Work, Salaries and Overtime 13 Vacations and Statutory Holidays 14 Employee Benefits 15 Leave of Absence 16 Long Service Pay and Retirement Pay 17 Promotional Roster System — Operation's Mvicinn Article No. Article Name 19 Promotional Roster System — Training Division 20 Grievance Resolution Process — Internal 21 Grievance Resolution Process — Mediation 22 Benefit to the City 23 Uniforms and Equipment 24 Constant Manning 25 Safety 26 Technological Change 27 Term Schedule "A" Salaries Schedule "B -1" Hours of Work Operations Schedule "B -2" Tour of Duty Schedule "C" Hours of Work Training Schedule "D" Schedule "E" Schedule "F" Letter of Agreement #1 Letter of Agreement #2 Letter of Agreement #3 Military Service Clothing & Equipment Compassionate Leave Loss of Income Option Clothing and Equipment Pilot Project Duty to Accommodate Article No. Article Name S Letter of Agreement #6 Pilot Project - Sick Leave Plan Letter of Agreement #7 Pilot Project: Reinvestment Productivity Letter of Agreement #8 Pilot Project - Wellness /Fitness Letter of Agreement #9 Cease of Disability Pension Letter of Agreement Employer Change #10 in THIS AGREEMENT made and entered into this day of JANI 2013, A.D. BY AND BETWEEN: THE CITY OF SAINT JOHN, a body corpor the County of Saint John, in the Province c Brunswick, hereinafter referred to a; "EMPLOYER ", of the first part, -AND - SAINT JOHN FIREFIGHTERS ASSQCIATIQI I.A.F.F., LOCAL 771, A.F.L. - C.I.Q. - ( hereinafter called the "UNION" of the s+ part. WITNESSETH that the parties hereto covenant and agree following: ARTICLE 1 INTENT AND PURPOSE 1:01 Whereas, it is the intent and purpose of the Parties tc Agreement to maintain harmonious relations and setl of employment between the Employer, employees ar to improve the quality and efficiency of service and tc well -being and increased productivity of the employe accordingly, the parties hereto set forth the following conditions relating to remuneration, settlement of disl differences, hours of work and related matters affectii employees covered by this Agreement. ARTICLE 2 RECOGNITION 2:01 The Employer, its agents and servants recognize the its duly appointed or elected negotiating committee a: and exclusive bargaining agent for all employees of tl Saint John Fire Department, as certified by the New E Industrial Relations Board, and further amended by S Salaries - Pay Table (attached) and forming part of th Agreement, save and except the Fire Chief, Deputy F Civilian Secretary to the Chief, District Fire Chiefs, Dii and Administrative Officer. ARTICLE 3 CONTINUANCE OF OPERATIONS 3:01 There shall be no strikes, walkouts, lockouts nor any c nor type of work cessation, as defined by the N.B. Ind Relations Act during the term or expiry of this Agreem because the Fire Department and its members are de the protection of lives and property in this community. ARTICLE 4 NO DISCRIMINATION 4:01 The City agrees that there shall be no discrimination, i restriction or coercion exercised or practiced with rest; ARTICLE 5 UNION SECURITY 5:07 (a) Rand Formula All employees of the Saint John Fire Department cov Agreement must, as a condition of employment, pay Union dues, including those serving their probationer 5:07 (b) Check -Off The Employer agrees to regularly deduct the requirec monthly Union dues and uniform assessments from tl each employee to whom this Agreement applies. Un uniform assessments so deducted shall be remitted t Employer to the Treasurer of the Union not later than the month following. 5:02 The Employer agrees to acquaint new employees witl Collective Agreement is in effect and advise new emr union representative. The Union will be informed eac employee is hired. 5:03 The Employer agrees to register the Sick Leave Plan Canadian Employment and Immigration Commission Employment Insurance Act. Any benefit derived from registration, the employee's portion, shall be returned in trust on behalf of the employees. ARTICLE 6 UNION RIGHTS 6:01 The Employer recognizes the exclusive right of the Ur manage and conduct the affairs of the local and shall on those rights. ARTICLE 7 MANAGEMENT RIGHTS 7:02 The Union acknowledges the exclusive right of the Ei operate and manage its business in all respects, and restricting the generality of the foregoing, to maintain efficiency, to determine the number and location of w the methods to be used in operations /schedules and control over machines, equipment, tools, parts and m including storage, maintenance, repair and replacem+ The Union further acknowledges that all the rights, pc authority of the Employer are retained by the Employ+ those specifically abridged or modified by this Agreen supplementary Agreements that may hereafter be me The above functions will be exercised in a manner co the terms of this Agreement. ARTICLE 8 DEPARTMENTAL RULES 8:01 If any clause in this Agreement shall be construed as repugnant to the Rules and Regulations governing the Department of the City of Saint John, said Rules and shall be amended at any time by Common Council. A changes or amendments being made to the Rules any Regulations shall be perused by the Union, who shall right to appear before Common Council, before being Common Council. ARTICLE 9 LABOUR MANAGEMENT COMMITTEE 9:01 For the efficiency of service, it is agreed by the parties Labour Management Committee be established, cons (4) representatives each from the Union and Manager Committee shall meet at the request of either party at mutually agreed upon. ARTICLE 10 TERMS OF EMPLOYMENT appointed to fill a vacancy in the Establishment of thf Department. 10:02(x) Holiday Relief Firefighters Holiday Relief Firefighters are employed as additions to the permanent Establishment of the Saint John Fir Department. Holiday Relief Firefighters are of two (2) levels: 1. Probationary Holiday Relief Firefighter A probationary Holiday Relief Firefighter is a ne employee who satisfactorily completed basic ac and orientation of the Saint John Fire DepartME 11. Holiday Relief Firefighter A Holiday Relief Firefighter is an employee who has completed his/her one year probation. Employees ML voluntarily forfeit any certifications, licences and desk which are job related. The Employer will pay the cost with the certifications which are job related. 10:02(b) Probationary Status - Holiday. Relief Firefighters All newly hired employees will be on probationary staff period of twelve (12) months of actual employment. `i Employer shall evaluate the suitability of such Holiday Firefighters for continued employment. Upon complel probationary period, seniority shall be effective from tl hiring. 10:03 Establishment & Personnel Action The Employer shall annually provide the Union with a current Establishment relating to the Fire Department af'll i ml OntinmAnt fnr Paf'_h nPrmnnAnt Rmninxinn ckr ik. Any other changes in position or employment status defined, copies of which shall be supplied to the emp Union. 10:04 Vacancies in Permanent Establishment When a vacancy occurs within the permanent Establi the Saint John Fire Department, the Employer shall p opening accompanied by the job description for a per (10) days. in filling these vacant positions, appointm4 made of the Holiday Relief applicant having the requii and qualifications who is senior in service. The new n the successful applicant will take effect within fourteei calendar days of the vacancy occurring. Opportunities to attain such qualifications will be avail Holiday Relief Firefighters. 10:05(a) Jab and Temporary Assignment Postings The Employer shall post all job openings and temporc- assignments within the Fire Department, accompanie Descriptions, for a period of ten (10) days. Such post identify the required knowledge, skill, experience, and essential requirements. In the case of Temporary As: the term of the position will also be identified. Appoin accordance with this Article shall be based on merit, qualification, ability and seniority, where applicable. For promotions only, should an employee apply for ar a training course, the lack of this course shall not be However, once promoted the employee will be requirE successfully complete this training at a time designatE Chief. Failure to successfully complete this training w the employee reverting to his former rank or position c seniority list. 10:05(b) Training Associates Training Associates are intended to augment training Saint John Fire Department and are not to replace CL personnel or the role of the company officer with resp providing in- station training. Training Associates will from within the existing establishment of the departm{ operate from within their regular shift as illustrated in 1 ". Training Associates will continue to be responsibl regular assigned duties and will be paid an additional monthly for the defined period during which the incurr fulfilling the duties and responsibilities as Training A& Training Associate subjects (implementation and mail will be identified through the Labour Management Co all Training Associate assignments will be posted for less than 10 days and will be based on merit, skill, qu ability and seniority, where applicable. 10:06 Temporary Assignments Any temporary assignment of an employee to duties ( those normally performed within the establishment of Department shall not exceed a twelve (12) month per! as may be extended by mutual agreement between tr the Union. The Union shall be notified prior to the pos temporary assignments. 10:07(a) Personnel Reduction In the case of a personnel reduction, with the exceptic 10:07(b), the employee with the least seniority shall b+ first. Employees shall be recalled in the order of their For the purposes of this Article, time in the Fire Depar constitute total seniority. No new employee shall be h laid -off employees have been given ample opportunit) work. Firefighters will be laid off from the respective group i have been assigned. 10:08 Meal Polic The meal policy as determined by the Chief shall be and applied consistently throughout the department. 10:09 Attending Courses Conferences and Professiona Development Employees scheduled to attend courses and conferer have their work schedules adjusted immediately prior following course, conference or professional developr adjustments will be as per the agreed upon business attending conferences courses and professional deVE ARTICLE 11 SENIORITY 11:01 Seniority Defined For employees who have completed the probationary seniority shall be effective from the employee's initial by the Fire Department. Service shall be broken by r( discharge or failure to return to work when recalled fr( In the case of former employees re- entering the servi( continuity of service with the City has been broken (Hi Armed Forces in time of war excepted, provided that t his/her seniority an employee must apply for re- instatf six (6) months from his /her discharge from such servi( considered as _new employees and seniority shall star date that they re- entered the service of the Departmei The parties agree that should an employee be accomi another bargaining unit due to a disability they shall rE iV- . - _- _.-- a_.._.:i [-:- i1_ _ r :_- t"%__ - -- hire. In the event that two or more employees comm on the same day, seniority shall be determined by thf the date of hire. 11:03 Removal from Roster Any member on a promotional roster, who is assigne� Chief or designate to act in place of an officer and ref immediately lose their place on the roster and revert 1 former position. ARTICLE 12 HOURS OF WORK, SALARIES AND OVERTIME 12:0'1(a) Permanent Employees Assigned To Day Shift - Prevention /Investigation The workweek schedule requires the flexibility to adds requirements. 12:01 (a)(i) Regular Work Week Schedule Employees assigned to Fire Prevention and Investiga scheduled on an annual basis to work as follows at th of the Fire Chief or his designate: 1. The regular workweek shall be Monday to Friday w work being scheduled between 8:30 am and 4:30 p hour unpaid for lunch. For this schedule employee: 35 hours per week, or 2. The work week will be Monday to Friday with hours c Work being scheduled between 7:30am and 7:30pn Employees will be scheduled to work ten (10) hour Shifts over four (4) consecutive days. An unpaid lur Break of one (1) hour shall be scheduled. 92:01 (a)(H) Flexible Work Week Schedule At the discretion of the Fire Chief or designate, an en regular workweek schedule may be changed to meet requirements. Up to thirty -five hours (flex -time) of the hours, per employee, per calendar year may be assic the employee's regular work week schedule subject t following: 1. A minimum of two weeks' notice of a change in the schedule will be provided to the employee, unless mutually agreed upon between the employee and Chief or designate. 2. Employees will not be scheduled to work on both t and Sunday in any given weekend, unless otherwi agreed upon between the employee and the Fire C designate. 3. The minimum hours to be scheduled outside the ei regular work week schedule is three (3) hours at ai 4. Scheduling of any flex -time owing to the employee within the calendar year, as mutually agreed upon employee and the Fire Chief or designate. In exter circumstances such time may be rescheduled in th year as determined by the Chief or his designate. 12:01(b) Permanent Emplovees Assigned To Training Divi� The workweek schedule requires the flexibility to addr requirements. 12:01 (b)(i) Regular Work Week Employees assigned to Training shall be scheduled tc Arr_nrrinnra with cr_horh Jinn nnfinnc rieatailnr4 in ©rfir+la between the employee and the Fire Chief or designai The regular work week schedule for the Captain Traii will be as set out in Article 12:01(a) (i). 12:01 (b)(111) Flexible Work Week At the discretion of the Fire Chief or designate, an err regular workweek schedules may be changed to meE requirements. Up to thirty -five hours (flex time) of the hours, per employee, per calendar year may be assic the employee's regular work week schedule subject t following: 1. A minimum of two weeks' notice of a change in the schedule will be provided, unless otherwise mutua upon between the employee and the Fire Chief or 2. Employees will not be scheduled to work on both Sunday in any given weekend (except if assigned 1 "C ") unless otherwise mutually agreed upon betwe employee and the Fire Chief or designate. 3. Scheduling of any flex time owing to the employee within the calendar year, as mutually agreed upon employee and the Fire Chief or designate. In exten circumstances such time may be rescheduled in th year as determined by the Chief. 12:01(b)(iii) On Call Provision Effective January 1, 2006, Fire Prevention and Investi personnel may be assigned to an on -call duty roster a determined by the Fire Chief. A member assigned to roster will be paid one hundred dollars ($100.00) prorc- week (Friday- Friday inclusive) the member is on call. 12:01(c)(ii) Employees assigned to operations, excluding those assigned to work Schedule "C ", shall be scheduled tc hours in a calendar year. 12:01(c) (iii) In the event an employee is rescheduled from one gr another, this shall not result in an employee being scl work more than the 2184 regular hours required in a year. 12:01 (d) Holiday Relief Firefighters The hours of work for Holiday Relief Firefighters cove Agreement shall be as required by the Saint John Fin Department, as duly negotiated herein. Holiday Relic shall be compensated at the regular hourly rate for all worked. Weekly pay will be issued on the basis of a i forty -two (42) hours per week averaged over an eight period. 12:02 Emergency recall Notwithstanding anything appearing in the above secl an emergency occurs, the Chief or his designate(s) in may recall to duty any personnel who are off -duty. Er required to work such overtime, shall be paid the prey overtime rate as provided under Article 12:04 of this A 12:03 Salaries and Wages 12:03(a) Salaries - Permanent Em Io ees See attached Schedule "A" Pay Table which shall forr Agreement. 12:04 Overtime 1 7 -nAW FMnlnuaac for calculation purposes shall be one - quarter hour. O minimum fraction of time for calculation purposes shc- hour. Time off may be granted in lieu of overtime pai consent of the Chief and the employee. 12:04(b) Computing of Overtime Computing of overtime shall commence at the time rE "call back" and shall cease at the time registered for' the exception of employees detained for further duty before the "all out" is sounded, in which case, the ovE cease when the Company Officer reports the returnin back to the station. Minimum "call back" time shall bf at time and one -half. ARTICLE 13 VACATIONS AND STATUTORY HOLIDAYS 13:01(a) Vacation Entitlement and Selection 13:01(a)(1) Permanent Employees Working Day Work All permanent employees working the regular work wi (1) year's continuous service shall annually receive fin vacation with pay, and after five (5) years' continuous receive three (3) weeks' vacation with pay, and after t years' continuous service shall receive four (4) weeks with pay and after twenty -three years' continuous sen receive five (5) weeks' vacation with pay. Annual vacation shall be selected by week(s) in order 13:01(a)(2) Vacation Entitlement for Those Permanent Em log Working The Shifts Outlined in Schedule "B" and 9SCIP All permanent employees working the shifts outlined upoa __A C`..L....J..1... ccr%); —.CAL—.'— _L —11 - -- — — - Annual vacation, for all permanent employees workir outlined in Schedule "B ", shall be selected as per Art! Except as provided in Article 13:01(e), vacation and holiday selections must be taken by the employee as 13:01(a)(3) Holiday Relief Employees Vacation entitlement for Holiday Relief employees wil accordance with the Employment Standards Act. 13:01(b) Statutory Holidays 13:01(b)(1) Permanent Employees a. In lieu of 11 statutory holidays (New Year's Day, G Easter Monday, Victoria Day, New Brunswick Day, Day, Labour Day, Thanksgiving Day, Remembran( Christmas Day, Boxing Day, and any other day prc the Federal, Provincial or Municipal Governments personnel working shifts as outlined in Schedule "E receive a shift (48 hours) off with pay. The balanc( original 132 hours is to be paid for, or be given time thereof at the discretion of the Chief. b. Should a statutory, proclaimed or designated holid� during a vacation period selected by personnel em day work per Article 12:01(a) and (b) or Schedule " person concerned shall be given this day immediat after, or the employee may choose another day. Tr must be mutually agreed and identified prior to the holiday. c. Should a statutory, proclaimed or designated holidc- during an employee's regular day off as outlined in "C ", the employee shall be given the day off immed nr nftor fhair rnni d-mr cr+hn i rinA Ann, r%" ,%b- .d- {as per Article 12:01(a) and (b) or Schedule "C "), will be granted that day off with pay. 13:01(b)(02) Holiday Relief Employees There will be no entitlement for statutory holidays for Relief employees covered by this Collective AgreeME such entitlement, Holiday Relief Firefighters shall rec+ percent (4 %) of their regular wages, that is, monies r( the regular hourly rate. 13:01(c) In the event the City officially proclaims a public holidi to the statutory holidays, employees covered by this ) shall receive one additional day off with pay in lieu of proclaimed holiday. 13:01(d) If arrangement can be made without interference with operation of the Department and without additional cc Chief or designate may permit a day employee to tak( of vacation one day at a time. 13:01(e) In the event an employee is hospitalized prior to their statutory holidays or scheduled vacation period, such hospital (and subsequent physician authorized recovc shall be considered as sick leave. Only in this instanc{ scheduled vacation or scheduled statutory holidays bf 13:02 The number of employees, Officers and Firefighters, c at any one time shall be limited to a reasonable numb discretion of the Chief so as not to curtail or interfere operation of the Department. 13:03 Annual vacation and statutory holidays shall be select order of seniority within each group. Each permanent shall first select vacation and following the vacation sc select the designated statutory holidays as follows: Selection of the Remainder of Vacation and Statutory Round) Select the remainder of their vacation and then select holidays following the vacation selection. 13:04(a) Vacation periods including those given in lieu of statu proclaimed and designated holidays, shall not commE the first Sunday of January and shall continue until th+ completed in each group for that vacation year. 13:04 (b) Once every five years during a member's term of emr lieu of taking vacation earned in each year of a specif period, he /she may take two years' vacation entitlemE one year for the purpose of an extended vacation trip. The number of employees entitled to an extended vac any one year, as provided above, shall be at the discr Chief. 13:05 Extended Vacation For Long-Service Employees All permanent employees of the Fire Department havi completed their thirtieth (30) year of continuous servic ONCE ONLY, for an additional two shifts vacation witl Such extended vacations must be taken prior to retire employee. Allotment and timing of these vacation peri at the discretion of the Fire Chief to prevent any disrui services. An employee requesting such vacation in ai indicate the employee's proposed extended vacation t time vacation periods are picked for the year. 13:06 Vacation Entitlement (Promoted Employees) In the instances where an employee has been promot him frnricforrArl fn nnnfhrir nrr%i in thin mmnlr -.wne� r-ni in+ al 1. Move to the new group and select a vacant selecti new group. 2. Move to the new group and have their vacation scl when it is deemed operationally feasible to do so t Chief or designate. The Chief or designate will ads employee in advance of the move of the vacation available in the employee's new group. 3. Remain in their existing group and following their selection be transferred to their new group. ARTICLE 14 EMPLOYEE BENEFITS 14:01 {a} Group Life Insurance The Employer agrees to contribute 75% of the cost of Group Life Insurance plan for all employees covered I Agreement. Upon retirement employees shall be prov in life insurance coverage. Monthly premiums will be I; City of Saint John. 14:01(b) Survivor Benefit When an employee dies as a result of a work related i illness, for which compensation will be available from Compensation Board, the surviving wife, husband or c spouse will receive the salary of the deceased employ including adjustments as they are implemented, reduc amount received from the Workers' Compensation Bo Canada Pension Plan, the employee's pension fund a income source to which the employer contributed in w part. The maintenance of salary will continue as long dependent minor child or for five (5) years, whichever The maintenance of salary will end should the survivin marry or enter into a common law relationshin_ In Pitt 14:02 Medical, Health and Dental Plans The Employer agrees to pay $97.60 monthly towards single and $148.34 monthly towards the cost of famill as applicable, for the employee's health and dental cc The employee shall pay the remaining costs. It is and such benefit shall extend to permanent employees ar Relief employees eligible for entry into the City of Saii Pension Plan. Effective January 1, 2006 the Employer agrees to pad monthly towards the cost for single and $173.42 moni the cost of family coverage, as applicable, for the eml health and dental coverage. The employee shall pay remaining costs. It is understood that such benefit shc- permanent employees and Holiday Relief employees entry into the City of Saint John Pension Plan. The Health and Dental plan is compulsory for all empl except where an employee has better coverage throu spouse. Any employee who is not a participant under shall not be entitled to a cash payment in lieu of the E contribution to the cost. The parties recognize the need to continue to work toy control the cost of health and dental plans — by oversE plans and making mutually agreed changes that, from time, are deemed appropriate. The City agrees to assist the Union by implementing t administrative and/or design changes necessary to er contribution rates are sufficient to meet the full cost of In any event, upon implementation of the above noted Employer contribution shall be fixed and will not exceE noted amounts nor shall the Employer be liable for an, the plan as a result of employee claims exceeding cor nnirl group rates which shall be paid fully by all retirees, to from pension cheque. Effective Jan 1, 2009 the Employer agrees to contribt the Employee agrees to contribute 25% of the cost of premiums for single coverage and for family coveragf applicable, for the present employees' medical coven understood and agreed that such benefit shall extend employees. Any employee who is not a participant sl entitled to a cash payment in lieu of the Employer's cc the premium. The parties recognize the need to continue to work to control the cost of medical, health and dental plans- 1: the plans and making mutually agreed changes that, 1 time, are deemed appropriate. The City shall provide ninety (90) days notice in writin Union of any proposed increase in employee contribu recovery associated with these plans. Prior to the exp notice period the parties agree to identify medical, he; dental plan options and to make changes to the plans carriers). In the event that appropriate changes Cann, upon, the Union agrees to implement necessary than total costs to available premium revenue within sixty ( any notice of premium increase by the carrier(s), inclu levels, or any other agreed changes as required to lirr cost impact on current members of the plans. The Cit) assist the Union by implementing the administrative ai changes necessary to ensure the employee and empl contributions meet the full cost of the program. In the event that appropriate changes cannot be agre( are not of sufficient nature to reduce costs to within cu contribution levels the employer shall increase emplo) contributions as detailed in the written notice adjusted or�rlin�111a k%/ +hrx r+ncn} rrzrli All employee benefit plans outlined herein shall be fu. and not changed without mutual consent. The Union is liable for 100% of the accumulated plan January 01, 2008, the cost of which will be added to t premium contributions. Participation in the plan is mandatory and is a conditii employment for all employees hired after January 1St, Effective June 30th, 2009 current employees not part the full or a portion of the plan will no longer be eligibl participate in the plan now or in the future, except in tl the death of the employee's spouse. Current employees presently not participating in the l✓ eligible to enter the plan provided they register no WE Sat , 2009. Annually, the Employer shall provide each employee detailed employee benefit statement outlining all ben( plans in the Collective Agreement. In the case of absence for illness the Employer's cont be paid to the Group Life Insurance Plan, Pension PIC- Health and Dental Plan where applicable. This Article apply to those employees who qualify under this Artici In the case of an employee qualifying for a disability a under the City of Saint John Pension Act or the Heart Act, the Employer's contribution will be paid to the He Dental Plan where applicable. The Employer contribui continue until the time the employee reaches the age event the employee dies prior to the age of 05 and ha covered by the plan the employer contributions will co the time the employee would have reached the age of The health and dental benefits shall continue to all ret group rates. Premiums for these benefits are to be pC- work with full pay by virtue of being sick or disabled, ( examination or treatment of a physician, chiropractor, because of an accident for which compensation is no under the Workers' Compensation Act, but not includ examinations by physicians, chiropractors, dentists of visits unless as a result of a previous illness. Sick Leave Plan shall be continued for the duration of Agreement. 14:03(2) Sick Leave Plan Every employee on Schedule T17 shall accumulate sic benefits at the rate of 18 hours per month worked up accumulated total of 2280 hours. Every employee on shall accumulate sick leave benefits at the rate of 10.: month worked up to an accumulated total of 1330 hOL employee on Schedule "C" shall accumulate sick lean the rate of 15 hours per month worked up to an accur of 1900 hours. Schedule T -2" shall accumulate sick I benefits at a rate of 15 hours per month worked. Up t( accumulated total of 1900 hours. 14:03(3) Deduction From Sick Leave A deduction shall be made from accumulated sick lea normal working hours, exclusive of Holidays, absent fi Sick Leave shall be paid at the employee's regular rat Employees participating in a return to work will be cor, be working full time and will not have sick leave dedu( continue to accumulate sick leave credits. 14:03(4) Proof of Illness An employee may be required to produce a certificate medical practitioner designated by the City for any illn+ r_artifvrinn that thr� AmnlnxjAo XAMC i innhin +n nnrru ni 1+ 0- Any request from the Employer for medical document any employee covered by the provisions of this Colle+ Agreement, off duty, as the result of sickness or injury made through the employee who shall provide the En medical documentation from the attending physician i their current medical status. 14:03(6) Sick Leave & Vacation Leave In recognition of the principle that employees absent c sick leave do not continue to earn vacation leave duri period of absence on sick leave, employees on sick k not be entitled to vacation benefits in the second or st years of illness. Employees returning to active servic+ extended sick leave shall have vacation benefits for tr rated from the date of return to active service. Likewi; employees on sick leave for more than 65 working da vacation year shall have their vacation entitlement rec rata. 14:03(7) Sick Leave Bank Credits Once per year between January 1 st to January 31 st, 1 shall replenish the sick leave bank to 9600 hours. Thi be replenished with any of the hours which any of the has in excess of 2280 hours. No deduction shall be rr any employee who has less than 2280 hours of perso 14:03(8) Sick Leave Bank Allotments Application for an allotment from the Sick Leave Bank made by an employee, who, for example, through a pi illness, has exhausted his /her own sick leave credits. Such employees may be granted sick leave from the the approval of the Union Sick Leave Bank Committe Employer upon production of the appropriate medical No allotment from the Sick Leave Bank shall be mad( employee has exhausted all his /her accumulated sick Allotment of Sick Leave from the Bank shall be at a d equal to the employee's daily rate while on his /her ow accumulated sick leave. Under no circumstances shall there be any stacking 14:03(9) Sick Leave Records As soon as possible after the close of each calendar) Employer shall advise the Sick Leave Bank Committe of the amount of Sick Leave accrued to each employE and to the Bank. 14:03(10) Union Sick Leave Bank Committee The Committee of Local 771 shall consist of two (2) U members. Any dispute with respect to the operation t Leave Bank will be referred to a third party by mutual 14:03(11) Recurrinq Illness The same illness recurring in a twelve (12) month peri deemed to be a continuation of the previous illness foi purposes. 14:03(12) Medical Assessment Where an employee is on Workers' Compensation or Benefits for a period of three months or more, the Chii require the employee to appear before a Medical Boal mizHirai accACCmPnt Thin Rrtnrri chnil ho r- nnefifi &nA 14:03(13) In the event an employee is deemed by the Medical E unable to perform the duties of their job on a permani said employee shall make application for a disability 1 the Board of Trustees of the City of Saint John Emplc Plan. In the event that the Board of Trustees denies pension for said employee the employee shall contint provisions of the sick leave bank entitlement. 14:04 Pension Plan The employer will provide 14 days written notice to thi of all changes it intends to make to the terms of the C John Pension Plan as it was defined in the City of Sai Pension Plan Act. During the 14 day period prior to a[ the Superintendant of Pensions for approval, the City Association will enter into meaningful discussions wit[ attempting to resolve any differences between them. the 14 day notice period the City can make applicatior Superintendant of Pension for approval of the intende ARTICLE 15 LEAVE OF ABSENCE 15:01 Union Leave The President and not more than two (2) members of John Firefighters Association, Local Union No. 771, l.) be granted leave of absence as may be necessary wit purpose of conducting Union business with the Chief ( Department, the City Manager, or Common Council, a Union Meetings. Any such request for time off shall b+ to the office of the Fire Chief or Deputy Fire Chief by tl or Secretary of the Local Union. Any two (2) representatives shall, subject to ten (10) d notice to the Chief, be granted leave of absence up to working hours with pay to attend the International Ass{ Firefighters Canada Convention (meets every second C`;NZhI IPf) 1 1A1^Al;r%rr kr%f Ire. I& 1;+k r..-... 4-- —44-- A tt, — 1 A r r' absence shall be granted by supply of a relief or by subject to the approval of the Chief. 15:02 Compassionate Leave All employees of the Saint John Fire Department cov{ Agreement shall be granted a maximum of four conth working days as leave of absence with pay in the eve a parent, spouse, brother, sister, child, mother -in -law, for the purpose of making funeral arrangements andh the funeral, one of which days shall be the day of the continuous working days with pay shall be granted in death of a grandfather, a grandmother, Legal Guardic- in -law or sister -in -law. One full day shall be granted ti attend a funeral as an active Pallbearer. For clarificati Schedule T ". Additional days may be granted by the special circumstances. 15:03 Matrimonial Leave All employees of the Saint John Fire Department cov( Agreement shall be granted two (2) days off, with pay wedding. Such days shall be taken within thirty (30) c event. In addition, each employee shall be entitled to off, with pay, for the wedding of a son or daughter. Su be taken on the day of the wedding. 15:04 Disaster Leave A member whose residence is extensively damaged L or an act of God shall be granted one (1) day off with i day must be a regular scheduled working day within a of 24 hours, in order to get paid. An additional two da pay may be granted, when warranted, at the discretior Chief. 1 s-n_s; rpnaral 1 anva without loss of seniority to a maximum of six (6) mont employee requesting such leave for good and sufficie Such requests shall be made in writing by the employ submitted to the Fire Chief. Upon the recommendati( Chief, such request shall be submitted to the City Mai subject to approval by the City Manager, such leave c shall be granted. 15 :06 Birth or Adoption of Child One (1) day off with pay shall be granted for the birth of a child. Said day is to be taken on the day of the b child or on the day that the child is to arrive home. 15:07 Jury Duty When an employee is on jury duty he /she shall receiv, the prevailing rates. Any monies received by the emp jury duty in lieu of weekly pay, shall be paid to the Coi of Finance. 15:08 Company Officers shall grant a leave of absence of ul if a replacement is provided at the employee's expens the replacement is qualified in the opinion of the Offic( 15:09 Maternity Leave Maternity leave shall cover a period of 17 weeks. An E who resigns for maternity reasons shall be considered been on leave without pay if she is re- employed withir months of the date of her resignation. The Parties to this collective agreement support the N Standard on Medical Requirements for Fire Fighters, r reproduction hazards of fire fighters. Firefighters who r will not be treated any differently from other medical cc fhnf mnv inkihif fhnir +r. nr%rf'r,rrv% +k. -%;v :,%L- fire fighters can no longer be medically certified as bE of performing fire fighter duties, the fire fighter should reassigned to other duties. When the fire fighter is no pregnant, the fire fighter must be reinstated to the po: before being pregnant. Supplementary Unemployment Benefit Plan a) This plan is conditional upon the approval and cons approval of the Federal Government b) An employee who provides proof that she has appl eligible to receive Employment Insurance Benefits 1 the Employment Insurance Act, shall be eligible to I maternity leave allowance in accordance with the Supplementary Unemployment Benefit Plan for a p{ exceed seventeen (17) continuous weeks inclusive (2) week waiting period for Employment Insurance c) In respect of the period of maternity leave payment according to the Supplementary Unemployment Be will consist of payments equal to the difference betv unemployment insurance benefits the employee is + receive and ninety percent (90 %) of her regular ratE the time during the period which may result in a dec unemployment insurance benefits to which the emp have been eligible if no extra monies had been recE this period. d) Regular rate of pay shall mean the rate of pay the E was receiving at the time maternity leave commenc, not include, shift premium, overtime, or any other fo supplementary compensation. During the period of maternity leave, the Employer shy to pay its share of Pension, Health and Dental Plan, a Life Insurance. The employee also agrees to pay her an employee decides to return to work after maternity shall provide the employer with at least two (2) weeks Parental leave shall be unpaid and cover a period of i seven (37) weeks after the birth or adoption of a child age of nineteen. During the period of parental leave, if permissible unc relevant plan, the Employer shall continue to pay its s Pension, Health and Dental Plan, and Group Life InSI employee also agrees to pay his/her share. When an decided to return to work after parental leave, he/she the employer with at least two (2) weeks' notice. On n parental Leave, the employee shall return to their orig placement on the seniority list and the rank or positior their seniority and qualifications entitles them. ARTICLE 16 LONG SERVICE PAY AND RETIREMENT PAY 16:01 In recognition of the principle that an employee's knov experience increase with length of continuous service employee becoming permanent, the Employer agrees service pay to all employees in the Fire Department K before June 1, 1997. Service pay shall be based on ti and be paid once a year, by the following formula: Commencement of 4th year and including 7th year = Commencement of 8th year and including 11 th year = Commencement of 12th year and including 15th year = Commencement of 15th year and including 19th year = Commencement of 20th year and including 23rd year Commencement of 24 year and beyond = 3.5% All employees in the Fire Department hired on or befoi 1997 will continue to receive service pay for the remai careers with the Employer at the rates detailed above. hired after June 1, 1997 will not be eligible for service and shall not be related to the number of days worker qualifying date. On retirement or severance, an employee shall be er service pay calculated from January 1 to the date of ( the case of death, long service pay shall be paid to th dependants, beneficiary or estate. 16:02 Retirement Pay The Employer agrees to pay each permanent employ retirement upon reaching the retirement age one (1) r for every five (5) years' of continuous service or fracti+ a maximum of six (6) months' pay. This shall be paid rate as that paid for regular time in the employee's pe classification for the employee's last working period. ' shall be paid in a lump sum upon retirement and shall subject to deductions for Group Life Insurance nor Cit Plan. This benefit shall not apply when an employee the service nor is dismissed for cause. To qualify, the must have a minimum of five (5) years' continuous sei Employer as of the date of retirement. In case of deal employee on the active payroll with five (5) or more y( continuous service, payment shall be made to the eml dependants, beneficiary or estate. An employee may opt out of future eligibility for retirer The employee may request in writing a one -time -only lieu of retirement pay. Such payment shall be in an ai defined above, based on the date the request is made the employee must have a minimum of five (5) years' service. Upon such payment the employee waives all to further retirement pay. ARTICLE 17 PROMOTIONAL ROSTER SYSTEM — OPERATION'; shall have an equal number of names as there are pt each category. 17:01 {c} In the event of a shortage of names on the approprial next senior member who has qualified shall act in the 17:02 When a permanent vacancy occurs within the rank of Lieutenant, it shall be filled by the "Number One Pers appropriate Promotional Roster. 17:03 When a member is required to "act out of rank ", he /sf chosen from the respective Fire Company, in order of and if qualified, by being on the appropriate Roster. 1 be no additional compensation for "acting out of rank" 17:04 If an employee covered by this Agreement is required temporarily perform the duties of a lower classificatior injury or sickness, he/she shall receive the salary of h permanent rank. 17:05 If an employee is called in on overtime to act in a seni shall be no additional acting pay. In calling personnel overtime it is not the Employer's intention to use this f a means of reducing personnel costs. 17:06 The senior employee from the appropriate Roster sha preference when acting in place of an Officer where tf assignment is anticipated to last greater than three (3; 17:07(x) Lieutenant's Promotional Roster Entry to the Lieutenant's Promotional Roster shall be I examination, which may be held at any time during the long as notice is posted for one month in the stations from the Chief. The number of applicants called for sN on the number of names required to maintain the Rost cnPrifiPrl in 17•nith) Annlir- atinnc chnii hA air- anfA=rJ it Training Division is to provide an instructor for those writing and for any assistance in their preparation. 17:07(c) In order to afford assistance to those applicants writir Rosters, a one -half day practical training and a one -h theoretical training shall be provided upon request. shall be provided at a time determined by the Chief o designate and shall not be considered time worked. 17:07(d) Senior employees making the pass mark of not less t (65 %) percent, shall be placed on the Lieutenant's R( seniority. It shall be permissible for any member failir the necessary pass mark to apply and take the exami required, providing the vacancy exists in the particula Upon being placed on the Roster employees shall be rate of 105% of the salary level for a First Class Firefi down in Schedule A of this Agreement. 17:07(e) When a senior employee writes the examination and rewrites when required and passes, he /she would be the Promotional Roster according to his /her seniority. 17:07(f) When a senior person fails to apply to write the exami required and applies at a later date and passes, he /sr take his /her position on the Roster in respect to his /hE the group in which he /she was writing. 17:07(g) When a senior employee fails after two (2) consecutiv examinations to make the required pass mark and rev future date and makes the required pass mark, he /shf take his /her position on the roster in respect to his /her group in which he /she was writing. 17:07(h) Applicants shall be informed of the results upon comp examination by applying to the Chief, Deputy Chief or Chief. 1 7:08(x) Examinations shall be valued at 100 plus, with an over mark of not less than sixty -five (65). Candidates must a pass mark of sixty -five percent (65 %) in each of the practical components of the examination. 17:08(b) Examinations shall consist of: Written - 25 points Practical - 25 points Oral - 25 points Service Evaluation - 25 points One (1) point for each five (5) years' of service with thf Department. 17:08(c) Service evaluations shall be submitted as follows: Company Officer Captain Training District Chief Deputy Chief Fire Chief up to 9 points up to 4 points up to 4 points - up to 4 points up to 4 points 17:08(4) Examinations shall be marked by a Board of Evaluator of: two (2) senior Officers (District Chief and above) ap the Chief, the Divisional Chief (advisory only), and two representatives from Local Union No. 771. Requalification 17:09('1) An employee who enters the Lieutenant's Roster shall to re- qualify (one -time only) for the Roster after a perio years has passed since their last evaluation for that Rc 17:09(2) The re- qualification process will require candidates to r-nmr- n+a nna of +ko fniinierinri nn +inns inri +kin Div e�oLa in Fire Service Leadership {CFSL} program: Statio Dealing with People; Station Officer: Dealing with N Operations; Environment of the Fire Station. In the any of the specified courses becomes unavailable, candidate must complete an equivalent replacemer identified by the Fire Chief. 17:09 (3) Time outside the employee's scheduled hours spent s the courses to re- qualify for the Lieutenant's Roster sr considered time worked. Subject to operational requir( employees may undertake required course work while Employer will pay the cost of tuition and course mated only, for each of the required courses. An employee may request an additional opportunity to training. However, this request must be presented to tl and approval is at the discretion of the Fire Chief. 17:09(4) An employee who fails to re- qualify within six weeks fc fifth anniversary of entry into the Lieutenant's Roster a 17:09(2) will be removed from the Roster. The employ+ eligible to re -enter the Roster at the next call for applic Lieutenant's Roster. 17:09(5) An employee who fails to re- qualify for the Lieutenant'cl subsequently passes at a future date will take their pla Roster, according to seniority, at the next call for applic the Lieutenant's Roster. Employees who failed to re -q their right to any promotion that took place in the interir 17:10(1) Captain's Promotional Roster The prerequisites for candidates seeking admission to Captain's Promotional Roster are as follows: following three courses from the Certificate in Fire Administration (CFSA) program: Organizational BE Service Law and Fire Suppression Management. I that any of the specified courses becomes unavail; candidate must complete an equivalent replaceme identified by the Fire Chief. 17:10 {2} Time outside the employee's scheduled hours spent the prerequisites for the Captain's Roster shall not be time worked. Subject to operational requirements, em undertake required course work while on duty. The Ei pay the cost of tuition and course materials, one time each of the required courses. An employee may request an additional opportunity tc training. However, this request must be presented to 1 Chief and approval is at the discretion of the Fire ChiE 17:10(3) Upon successful completion of the required pre- requi; subject to Article 17:01(b), the candidate will be place, Captain's Roster. Upon being placed on the Roster er shall be paid at the rate of 112.5% of the salary level i Class Firefighter as laid down in Schedule A of this Ac ARTICLE 18 PROMOTIONAL ROSTER SYSTEM — FIRE PREVEP INVESTIGATION DIVISION 18:01 So as to develop expertise, input, increased productiv and a career with a future, no employee assigned to tl Prevention and Investigation Division after completion year period of service shall be transferred back to the Division of the Fire Department except in extenuating circumstances. 18:02 Infector of Fire Prevention and Investigation John Fire Department. b. The senior applicant shall be appointed to the posi Inspector of Fire Prevention and Inspection Divisio c. The appointed applicant to this position shall serVE year probationary period. If at any time during the period the incumbent proves unsatisfactory with re requisite performance standards for the position hf reverted to his/her former position with the Fire De without loss of seniority. d. At the end of his /her one (1) year probationary peri employee shall be confirmed in the position or upo request, he /she may revert to his/her former positi( Fire Department. e. If the Employer calls for and receives no applicatio Employer may appoint an employee to this positior 18:02(3) Personnel assigned to the Fire Prevention and Investi Division shall be required to successfully complete the professional development program detailed in this Sei Failure to complete the professional development prof the specified timeframe shall result in the person bein± from the Division and reverting to their former position Fire Department if applicable. 18:02(4) While completing the professional development progn personnel shall be designated as Fire Prevention Insp shall be paid at the salary level of a First Class Firefigl detailed in Schedule A. 18:02(5) The Professional Development Program for Fire Prev( Officers shall include successful completion of the foil( courses or equivalent replacements as identified by th c_ Certified Fire Inspector Level II Program (NBOF d. Fire Cause and Determination Level II (NBOFM e. WETT Certification f. Up to one additional course as determined by tr An employee may request an additional opportunity tc training. However, this request must be presented to and approval is at the discretion of the Fire Chief. 18:02(6) Upon completion of the professional development pro personnel shall be designated as Fire Prevention Offii shall be paid at the salary level of 110% of a First Cla as laid down in Schedule "A" of this Agreement. 18:03 Captain of Fire Prevention and Investigation Prom Roster 18:03(1) Applications shall be called for from personnel who hC- completed the courses required and have qualified foi of Fire Prevention Officer. 18:03(2) Applicants for the Captain Fire Prevention and Investi, Promotional Roster must have and agree to the follow requirements: a. Must be a present member of the Fire Prevention G Investigation Division for at least five (5) years and, b. Must have successfully completed three (3) course Certificate in Fire Service Leadership (CFSL) progr Officer: Dealing with People; Station Officer: Dealin Operations; and Environment of the Fire Station. In that any of the specified courses becomes unavaila candidate must complete an equivalent replacemer identified by the Chief. identified by the Chief. d. Must have successfully completed Advanced Trair Cause and Determination e. The employee is required to successfully complete courses to be eligible for confirmation to the Positi( Fire Prevention and Investigation. f. Subject to operational requirements, an employee required course will be granted up to four hours pe on duty, to undertake their studies. The Employer cost of tuition and course materials, once only, for required courses. g. Time outside the employee's scheduled hours spec for the courses required shall not be considered tin 18:03(3) Upon successful completion of the required pre- requi.-c subject to Article 18:03(2), the senior candidate will bE the Captain's Roster. Upon being placed on the RostE employee shall be paid at the rate of 112.5% of the sG First Class Firefighter as laid down in Schedule A of tr 18:03(4) In the event of a permanent vacancy, the person on tl" Fire Prevention and Investigation Promotional Roster one (1) year probationary period. If the applicant proves unsatisfactory to the Divisional end of, or during the one (1) year trial period, said eml return to their original placement on the seniority list, or position to which their seniority and qualifications ei 18:03(5) In the event no candidate is successful in attaining the promotional requirements, the Fire Chief shall fill the v through any means appropriate. 19:01(l) In the event of a vacancy in the position of Lieutenant the following shall apply: The Employer shall call for applications from those he rank of Lieutenant or {qualified Lieutenant within Opel successful senior applicant must have and agree to tf a. Must have successfully completed Fire Service Ins Should an employee apply for and be unable to ob course due to scheduling difficulties, the lack of thi: shall not be a limiting factor. However, once promc employee will be required to successfully complete at a time designated by the Fire Chief. Failure to s complete this training will result in the employee re- former rank or position on the seniority list. b. Must have successfully completed three courses fr Certificate in Fire Service Leadership program: Sta Dealing with People; Station Officer: Dealing with � Operations; Environment of the Fire Station. In the any of the specified courses becomes unavailable, candidate must complete an equivalent replacemei identified by the Fire Chief. c. The appointed applicant to this position shall serve year probationary period. If at any time during the period the incumbent proves unsatisfactory with re: requisite performance standards for the position he be reverted to his /her former position with the Fire I without loss of seniority. At the end of his /her one (1) year probationary period, employee shall be confirmed in the position or upon hi request, he/she may revert to his/her former position v Department. 19:01(2) Personnel assigned to the Training Division shall be rf ,zi it•r-ac&i illy r- mmnlnfn fhn r-%rnfnccir -.mn1 person shall be designated as Lieutenant of Training paid at the salary level of a Lieutenant as detailed in 19:01(4) The Professional Development Program for personne the Training Division shall consist of completion of the courses or equivalent replacement courses as identifi Fire Chief: a. Fire Service Instructor 1 and II b. Three courses from the Certificate in Fire Service L program: Station Officer: Dealing with People; Stat Dealing with New Operations; Environment of the I c. Three courses from the Certificate in Fire Service Administration (CFSA) program: Organizational Be Service Law and Fire Suppression Management d. Up to two additional courses or certifications as del the Fire Chief 19:01(5) Upon completion of the professional development pro personnel shall be designated as Training Officer and paid at the salary level of a 112.5% of a First Class Fii laid down in Schedule "A" of this Agreement. 19:01(6) Should a person in the Training Division choose to ret Department Operations, the Employer will facilitate thi within a period of up to 12 months. However, during tl- additional requests from other Training Officers to retL operations will not be considered until the previous re( been complied with. Should two or more requests be r the same week, preference will be given to the senior Said employee, shall return to their original placement seniority list, and the rank or position to which their sei qualifications entitles them. 19:01(7) In the event the Employer receives no applications for of Lieutenant Training, the Fire Chief shall fill the exist hit nnia monnc -nnrnrnnri -3to 19:02(2) Prior to taking the Promotional Examination, applican and agree to each of the following: a. Must hold the rank of Lieutenant or above (operE training) within the Saint John Fire Department ai successfully completed Fire Service Instructor I course), as identified by the Fire Chief, and b. While in the position the applicant must complete Service Instructor II course at the earliest practice and c. Must have successfully completed three courses Certificate in Fire Service Leadership (CFSL) pro( (Station Officer: Dealing with People; Station Offi( with New Operations; Environment of the Fire Ste the following three courses from the Certificate in Administration (CFSA) program: Organizational B Fire Service Law and Fire Suppression Managem event that any of the specified courses becomes i the applicant must complete an equivalent replac( course identified by the Fire Chief. d. Up to two additional courses or certifications as dt the Fire Chief. e. Time outside the applicant's scheduled hours spe or attending training sessions associated with atta required courses for the Captain of Training shall considered time worked. f. Subject to operational requirements, an employee a required course will be granted up to four hours while on duty, to undertake their studies. The Ems` pay the cost of tuition and course materials, once rani drari r-ni ircnc An mmmlr%%jnn mo%i r ^rri if%t -+ t%v% Oral presentation to evaluation board and a pass c be attained Written Exam — a pass of 65% must be attained Written report — a pass for this component is not d the average of the three components must equal E h. Examination Process shall be marked by a board evaluators consisting of two (2) senior officers (D and above) appointed by the Chief, Divisional Ch only), and two (2) representatives from Local Unix 19:02(3) The senior qualified applicant shall be appointed to th Captain of Training on a one (1) year probationary ba 19:02(4) If the applicant proves satisfactory to the Divisional Cl end of the one (1) year probationary period, the applic confirmed in the position. 19:02 (5) If the applicant proves unsatisfactory to the Divisional end of, or during the one (1) year probationary period; employee, shall return to their original placement on tl list, and the rank or position to which their seniority an qualifications entitles them. 19:02 (6) Should a person in the Training Division choose to ret Department Operations, the Employer will facilitate thi within a period of up to 12 months. However, during tl- additional requests from other Training Officers to retL operations will not be considered until the previous re( been complied with. Should two or more requests be i the same week, preference will be given to the senior Said employee, shall return to their original placement seniority list, and the rank or position to which their se qualifications entitles them. 20:01 The Grievance is defined as an alleged violation of tl- Agreement or a case where either party has acted ur improperly in the administration of the Collective Agrf Rules and Regulations of the Department. 20:02 The Union shall appoint a Grievance Committee and the names of the members of the said Committee to 1 on or before the fifth day of January each year. 20:03 The party filing the grievance shall stipulate the Artick of the Agreement which he/she alleges have been vic the grievance shall be processed on the basis of such and not otherwise. 20:04 In processing a grievance, the following procedure sh effect: STEP 1 All grievances shall be made in writing to the Union G Committee by the employee or employees concerned seven (7) days of becoming aware of the matter whicf cause of the grievance. The Union may submit this gi the Chief of the Fire Department in writing within ten { receiving said grievance. The Chief shall hand down writing within seven (7) days after receipt of the grieve STEP 2 If the decision handed down by the Chief is not accep- Union, the Union may then submit said grievance to tr Manager within ten (10) days for decision. The City IV hand down a decision in writing within ten (10) days al of the grievance. STEP 3 If the decision of the City Manager is not acceptable tc decision on the grievance. 20:05 In all cases stated above, Saturdays, Sundays and h( not counted in determining time limits. Time limits mE above can be extended by mutual consent of the part 20:06 Where a grievance has not been resolved to the satis either party to the grievance through the internal grie% resolution process, either party may refer the matter t Arbitration. 20:07 The following steps shall be followed in the Arbitratior STEP 1 Within a period of fifteen (15) days from the date of dE Common Council, either party may by written request party require the matter to be referred to a Board of A Such Board shall be composed of one (1) person app Employer, one (1) person appointed by the Union and person to act as a Chairman chosen by the other two of the Board. Each member is to be appointed within days following receipt of such written request for arbiti the members so appointed shall select within five (5) ( their appointment, a third member who shall be Chairr STEP 2 If either party shall refuse or neglect to appoint a merr aforesaid to a Board of Arbitration, the Minister of Labour /Manpower of the Province of New Brunswick r requested by the other party to name a member. In ti- the two (2) members appointed are unable to agree ul selection of a Chairman, the said Minister of Labour/IV may be requested by either party to name a Chairman Board. STEP 3 Hearings of the Board shall commence within fifteen of+tNr +kin Nr►r e%;n +rvtirNr%+ r-J % r k,%;rrv%^r% e%v%,-J ^k-11 . -- 4:.... The expense and remuneration of the Chairman and services shall be borne in equal shares by the City ar The expenses and remuneration of the other two (2) 1 the Board shall be borne by the parties by whom they selected or for whom they were appointed by the saic Labour /Manpower. STEP 5 It shall be the duty of the Board of Arbitration to hear concerned and to determine the matters referred to it. determination of the matter, the Board of Arbitration s any order which will provide for final settlement of the make any order that will restore the aggrieved party, � the Union or the City, to its rightful, just and equitable 20:08 Every party to and every party bound by the Agreeme person on whose behalf the Agreement was entered i comply with the final settlement and give effect thereto 20:09 In the case of any employee whom the Board of Arbiti found to have been unjustly discriminated against, su: demoted or discharged, he /she shall be reinstated any for all wages and salary involved and shall have all rig benefits restored by the Employer. ARTICLE 21 GRIEVANCE RESOLUTION PROCESS — MEDIATIC 21:01 Where a grievance has not been resolved to the satisi either party to the grievance through the internal griev resolution process, they will notify the other party of th proceed to interest -based grievance mediation. Griev mediation is a voluntary process which can be an effe+ alternative to grievance arbitration for management ar solve problems. The parties, through the assistance c mediator, shall attempt to resolve the grievance throuc negotiation, therefore, allowing the parties to control a informal and conducted by mediators trained in the pi interest -based negotiation /problem- solving. The app, the mediator shall be made by the designated repres{ the parties, except when requesting the services of a from the Department of Advanced Education & Labot 21:03 Where the parties are interested in using the mediatic the parties agree to the following: a. Either party may suggest to the other that a grieva under the Collective Agreement be referred to me( party to whom the suggestion is made is free to ac the suggestion. The parties will use an Agreemen- to suggest grievance mediation. b. Grievances will only be referred to mediation if boil agree. c. The person or persons (office or offices) with authc a grievance to mediation will be designated by the d. The representatives attending mediation sessions authority to settle the grievance. Representative fr party will take training in the process and procedur+ grievance mediation before they participate in the c mediation process. e. When both parties agree to mediate a grievance, Agreement to Mediate will be completed. f. The mediator will be chosen from a list of suitable i agreed to by the parties on a rotating basis or will L by the Department of Advanced Education and Lat Mediator Appointment Agreement, which outlines c stipulations about which the mediator and the parti{ be aware, will be entered into. of time from the date it is signed by the parties unt one party revokes, in writing, the reference to med the mediation ends (whether successfully or not), i excluded from the time limits set out under the stel internal grievance resolution process. i. A mediation ends in accordance with the provision the Mediator Appointment Agreement. j. If the mediation resolves the grievance, the Mediat provide the parties with a report outlining the settle mediation does not resolve a grievance, either part start proceedings or to continue proceedings to re-c grievance. k. The time limits set forth may be extended by mutuc- the parties. ARTICLE 22 BENEFIT TO THE CITY 22:01 An employee who furnishes an idea which is adopted improvement in the operation of a Civic Department sl recognition from the Employer in the form of a cash gr the City deems proper, taking into consideration the v, improvement. ARTICLE 23 UNIFORMS AND EQUIPMENT 23:01 Permanent Employees Clothing will be supplied to permanent employees in tl set out in the attached Schedule "E" which shall form I Agreement. Clothing when required is to be issued not later than J _,_I— ---- Ir.--- -eI_I_ destroyed by abuse or neglect by members of the DE be replaced at the member's expense. In so far as is practical, any employee requiring repla personal equipment for firefighting duties shall have replacement completed while on duty. 23:02 Holidav Relief ,Employees All Holiday Relief employees covered by this Agreem receive annually two (2) work shirts and two (2) work clothing issue shall be provided by June 1st of each y possible. A pair of work boots, tie, summerlwinter jac uniform cap will be issued as required. The work issL ordered within 30 days after the initial date of hire. After a one (1) year probationary period Holiday Relie shall receive a Dress Uniform. Replacement of the D will be based upon need and be linked to the large de purchase. Dress uniform for Holiday Relief personnel ordered within 30 days after completing probationary ARTICLE 24 CONSTANT MANNING 24:01 As long as sufficient funds are provided by the Empio existing companies shall be maintained at full strengtr set forth: Quint Company Ladder Company Engine Company Tanker Unit Rescue Squad ARTICLE 25 SAFETY 25:01 Composition 1 Officer, 3 Firefigl 1 Officer, 3 Firefigl 1 Officer, 3 Firefigl 1 Firefighter 1 Officer, 3 Firefigl of promoting safety on the job. Each City Union shall appoint one (1) member of the Committee. The Employer shall appoint one (1) men each major Civic Department as its representatives t( of four (4). The Occupational Safety Officer will be ar member. 25:02 Meetings Two members, one (1) representing a Union and one representing the Employer, shall act as Co- Chairman Committee Meetings. The Safety Committee shall he meetings and all unsafe or dangerous conditions shat and dealt with at such meetings. 25:03 Minutes Minutes of safety meetings shall be kept and copies minutes sent to the City Manager and the Union. 25:04 The N. B. Occupational Health and Safety Act and Rei shall be binding upon the parties at all times. 25:05 The parties recognize that the Occupational Safety 01 responsible for the enforcement of the New Brunswici Occupational Health and Safety Act and Regulations. ARTICLE 26 TECHNOLOGICAL CHANGE 26:01 Technological Change Defined Technological change means: a. the introduction of equipment or material of a differ+ and kind from that previously utilized by the Emploi Prior to introducing technological change, the Employ notify the Union of its intentions at least ninety (90) cc- in advance of implementation. 26:03 Contents of Notice The notice shall be conveyed in writing and shall conl appropriate information including: a. the nature of the change; b. the date on which the Employer proposes to effect c. the approximate number, type and location of emp to be affected by the change; and d. the effects the change may be expected to have or working conditions and terms of employment. 26:04 Consultation During the ninety (90) day notification period containe 26:02 the Employer and the Union shall meet in an ati minimize any adverse effects the technological chang expected to have on employees` working conditions ai of employment. ARTICLE 27 TERM 27:01 The Agreement shall take effect and be binding on the hereto for the period from January 1, 2011, A.D., to Df 2014 A.D., inclusive and shall remain in force for succ periods of twelve (12) months thereafter, unless either requests negotiation of a new or replacement Agreem written notice to the other party not less than sixty (60; not more than ninety (90) days prior to the expiration c A _r --- - ________I ..I__ -__t parties fail to reach agreement and become dead -locl negotiation of a new Working Agreement or schedule outstanding items shall be referred for settlement to a Arbitration constituted as provided for in Article 20 of Agreement. Decision of the Board of Arbitration shall upon both parties to this Agreement. 27:03 This Agreement supersedes the Agreement dated the September, 2009, and no benefits nor conditions that under that Agreement are continued into this present dated the day of January, 2013, A.D., except as stated. IN WITNESS WHEREOF the parties have caused their respecti, Seals to be hereunto affixed, attested by the hands of their proper C behalf, the day and year first above written. SIGNED, SEALED AND THE CITY OF SAINT JOHN DELIVERED In the presence of Mayor Witness Common Clerk LOCAL NO. 771 SAI FIREFIGHTERS ASSOC. President Witness Recording Secretary THIS IS SCHEDULE "A" - REFERRED TO IN THE FOREGOING AGREE BEARING THE DAY OF JANUARY, 2073, A.D. AND ENTEREE BETWEEN THE CITY OF SAINT JOHN, N. B., "THE EMPLOYER" AND THE JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFI CLC), "THE UNION" 2% Wage Increase Effective January I, 2011 RANK EFFECTIVE IVE Jan L 2011 % 1)[1 FERENTIAL BETWEEN RANKS__ Captain 83,037 11 Qualified Captain 81,232 11 Lieutenant 791426 11 Qualified Lieutenant 75,816 10 Firefighter Vt Class 723206 10 Firefi hter 2 Id Class 685596 9 Firefighter 3' Class 64,985 9. Firefighter 4 Class 61,375 & HOLIDAY RELIEF Holiday Relief FF Commencing 8d' Year of Service 505,544 Holiday Relief FF Commencing 7d' Year of Service 491100 Holiday Relief FF Commencing 6d' Year of Service 48,378 Holiday Relief FF Commencing 5`h Year of Service 471656 Holiday Relief FF Commencing 4d' Year of Service 46,934 Holiday Relief FF Commencing 3`d Year of Service 44,768 Holiday Relief FF Commencing 2nd year of service 449046 Holiday Relief FF 43,323 Probationary Holiday Relief FF 39,713 FIREFIGHTER PROGRESSION TABLE Firefighter 1" Class After three Class After two Firefighter 3r0 Class After one year Firefighter 4'n Class SCHEDULE "A" 2% Wage Increase Effective January 1, 2412 RANK EFFECTIVE Jan 1, 2012 % DIFFERENTIAL � BE'rNVEEN RANKS Captain 845,697 11 Qualified Ca taro 82,856 11 Lieutenant 81,015 11 Qualified Lieutenant 77,332 10 Firefighter 1st Class 73,650 10 Firefighter 2n Class 69,967 9 Firefighter 3 rd Class 669285 9 Firefi ter e Class 6202 8 H4 U DAY RE T ; IEF Holiday Relief FF Commencin 8d' Year of Service 51,555 Holiday Relief FF Commencing 76' Year of Service 501,082 Holiday Relief FF Commencing 6 b Year of Service 49,345 Holiday Relief FF Commends 5t' Year of Service 483609 Holiday Relief FF Commencing 4`b Year of Service 471,872 Holiday Relief FF Commencing P Year of Service 451663 Holiday Relief FF Commencing 2nd year of service 44,926 Holiday Relief FF 449190 Probationary Holiday Relief FF 401,507 FIREFIGHTER PROGRESSION TABLE Firefighter I' Class After three years Firefighter 2nd Class After two year I Firefighter 3rd Class After one year Firefi hter 4' Class Vote :III time worked after tip a years as a Roliday Relief Firefighter including thi _proha iomwL_pe od will be :a ied to the abo%c progression SCHEDULE "A" 2% Wage Increase Effective January I, 2013 RANK —F —F. VP Jan 1.21013 % DIFFEREY A1, BETWEEN RANKS Captain 869391 _ 11 Qualified Captain 84,513 11 Lieutenant 82,635 11 Qualified Lieutenant 78,879 10 Firefighter 1" Class 75,123 10 Firefighter 2" Class 71,367 9 Firefighter 3 Class 677611 9 Firefighter e Class 63,854 8 H',)LIDAY R-E REF Holiday Relief FF Commencing 8t' Year of Service 52,586 Holiday Relief FF Commencing 7�h Year of Service 51,084 Holiday Relief FF Commencing 6h Year of Service 503-332 Holiday Relief FF Commencing 5h Year of Service 497581 Holiday Relief FF Commencin g 4`b Year of Service 483830 Holiday Relief FF Conunencing P Year of Service 461576 Holiday Relief FF Commencin year of service 45,825 Holiday Relief FF 45,074 Probationary Holiday Relief FF 41,318 FIREFIGHTER F'f ;OGRESS?O�' TABLE Firefighter 1" Class After three years Class After two I Firefighter 3' Class After one year 4' Class Note All time worked after five %,ears as a Holiday Relief Firefighter including the probationary period will he applied to the above prokresmon SCHEDULE "A" 2% Wage Increase Effective July 1, 2013 1 ° ' I ]EFFECTIVE Jul 1, 2013 N. DIFFERENMAL BETWEEN RANKS Captain 885119 11 Qualified Captain 863,204 11 Lieutenant 84,288 11 Qualified Lieutenant 80,457 10 Firefi ter 1s` Class 76,625 10 Firefighter 2 Id Class 72,794 9 Firefi ter 3r Class 681P963 9 Firefir.tter e Class 651,132 8. HOLIDAY RELIEF Holiday Relief FF Commencin 8d' Year of Service 53,638 Holiday Relief FF Commencing 7'h Year of Service 52,105 Holiday Relief FF Commencing 6'h Year of Service 51,339 Holiday Relief FF Commencing 5'h Year of Service 501573 Holiday Relief FF Commencing 4d' Year of Service 495806 Holiday Relief FF Commencing 3rd Year of Service 471)508 Holiday Relief FF Commencing 2nd ear of service 46,741 Holiday Relief FF 45,975 Probationary Holiday Relief FF 42,144 FIF�_E-FIGHTER PROGRESSI& I TABLE Firefighter 1" Class After three years I Firefighter 2 "' Class After two year Firefighter 3"' Class After one year Firefighter 4' Class Note All time worked after five year-. as a Holiday, Relief Firefighter including till probatioiiarti period N% ill lir applied to the above progression SCHEDULE "A" 2% Wage Increase Effective January], 2414 RA'' EFFECTIVE Jan 1, 2014 % DIFFF..RFNTIAL BETWEEN RANKS Ca taro 895882 _ Y 11 Qualified Captain 87,928 11 Lieutenant 85,974 11 Qua lifteA Lieutenant 82,066 10 Firefighter 1" Class 785158 10! Firef t , 250 9. Firefighter 3 rd Class 703,342 9+ Firefi ter e Class 66434 8; HOLIDAV RFT ..i[EF Holiday Relief FF Commencing Wh Year of Service 54,711 Holiday Relief FF Conmiendng 7`h Year of Service 531147 Holiday Relief FF Commencing 6 b Year of Service 52,366 Holiday Relief FF Commencing 5h Year of Service 51,584 Holiday Relief FF Commencing 4h Year of Service 501803 Holiday Relief FF Commencing 3'd Year of Service 48458 Holiday Relief FF Commencing 2nd year of service 475676 Holiday Relief FF 465895 Probationary Holiday Relief FF 42,987 FIREFIGHTER PROGRESSION TABLE 1" Class After three Firefighter 2" Class After two year I Firefighter 3' Class After one year 4' Class Note All time worked after five years as a Holiday Relief Firefighter including the probationary period will be Applied to the above progression SCHEDULE "A" 2% Wage Increase Effective July I, 2 014 RANK 1EFFFC IVE Jul I, 2014 O/o WFVIRENTIAL BE *rWEEN RANKS Ca tain 91,679 11 Qualified Captain 89,686 11 Lieutenant 87,693 11 Qualified Lieutenant 83,707 10 Firefighter 0 Class 79,721 10 Firefighter 2n Class 757735 9 Firefighter 3r Class 71,749 9 Firefighter 4 Class 67,763 8 HOLIDAY RELIEF Holiday Relief FF Commencing 8 h Year of Service 5505 Holiday Relief FF Commencin g 7th Year of Service 54,210 Holiday Relief FF Commencing 6th Year of Service 532413 Holiday Relief FF Commencing 5th Year of Service 523,616 Holiday Relief FF Commencing 4th Year of Service 519819 Holiday Relief FF Commencing 3rd Year of Service 491427 Holiday Relief FF Commencing 2nd year of service 48,630 Holiday Relief FF 47,833 Probationary Holiday Relief FF 43,847 FIREFIGHTER PROGRESSION TABLE I Firefighter 1" Class After three years I Firefighter 2nd Class After two year 3ra Class After one Firefighter 4' Class Note All time worked after five %,ears as a Holiday Relief Firefighter including thi prohational ;v period will be applied to the above progression SCHEDULE "A" The common denominator for compilation of all rates of pay for various ranks in the bargaining unit is the 1st Class Firefighter at 100 %. Other ranks are graduated either lower or higher on a marked percentage basis according to service in lower ranks and according to position of authority, jurisdiction, responsibility, nature and scope of duties in higher ranks. Annual salary for employees shall be as stated in above. Weekly pay shall be determined by dividing the annual salary by 52. Overtime calculations, as per Article 12:04(a) Operations Personnel. - The regu (time) hourly rate of pay shall be calculated by dividing the annual salary by 2184 for operational personnel or by appropriate annual hours (1820 or 2080) for Train and Fire Prevention personnel based on individual's designated work schedule. All salaries shall be paid weekly and deposited on Thursday of each week, no- later than 8:00 a.m., into a bank account designated in advance by the employee. On each pay day, each employee shall be provided with an itemizes statement of his wages, overtime, and other supplementary pay and deductions. THIS SCHEDULE "B -1" REFERRED TO IN THE FOREGOING AGRE BEARING DATE THE OF JANUARY, 2013, A.D., AND ENTERE[ BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CI( "THE UNION" HOURS OF WORK Sunday Monday Tuesday Wednesday Thursday Friday Saturda Day Day Night Night Off Off Off Off Day Day Night Night Off Off Off Off Day Day i ht Night Off Off Off Off Day Day Night Night Off Off Off Off Dav Day Night Night Off Off Off Off Day Day -Night Night Off Off Off Off Da Day Ni ght Night Off Off Off Off A shift constitutes a four -day work cycle comprised of two days and two nights. E group completes one week, then drops to the line below and continues in like ma until bottom line is completed then returns to top line and repeats cycle. Day shift hrs. — 1800 hrs. Night Shift 1800 hrs. -- 0800 hrs. N �"Q SAINT JOHN FIRE DEPARTMENT ��I�IO��M 11o01��9�m0���01�1�m■m001�R ■01� iii0��oa ��u ■�a,�voov ■oonmo ■n,moa avomom TOUR OF DUTY 8:00 A.M. - 6:00 P.M. 6:00 P.M. - 8:00 A.M. THIS IS SCHEDULE "C" REFERRED TO IN THE FOREGOING AGREEMENT BEARING DATE OF OF JANUARY, 2013, A.D., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT, FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, "THE UNION" HOURS OF WORK Sunday Monday Tuesday Wednesday Thursday Friday Saturda Day Day Day Day Off Off Off Off Day Day Da Day Off Off Off Off Day Day Day Day Off Off Off Off Day Day Day Da Off Off Off Off Day Day Da Day Off Off Off Off Day Da Day Day Off Off Off Off Day Day I Da Day Off Off Off Off A shift constitutes a 4 -day work cycle comprised of 4 consecutive days. Each employee completes one week, then drops to the line below and continues manner until bottom line is completed then returns to top line and repeats cycle. The hours of work shall be scheduled between 0730 hrs. and 1930 hrs. The day shift scheduled shall be eleven hours including one unpaid hour for lunch a shift. THIS IS SCHEDULE "C -2" REFERRED TO IN THE FOREGOING AGREEMEN BEARING DATE OF OF JANUARY, 2013, A.D., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT, FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, "THE UNION" HOURS OF WORK Shift Sunday Monday Tuesday Wednesday Thursday Friday Sato 1 Off Dal Day Day Day Off C 2 Off Off Day Day Day a L4 C A shift constitutes a 7 -day work cycle comprised of 4 consecutive days on and 3 consecutive days off. The assigned of Shift 1 or Shift 2 shall be at the discretion Fire Chief. The hours of work shall be scheduled between 0730 hrs. and 1930 hr The day shift scheduled shall be eleven hours including one unpaid hour for lunch shift. SCHEDULE "D" Military Service 1. Any employee who qualifies for acceptance by the C.A.F. {Reserv4 shall be entitled to time off with full pay and benefits up to a maxim 14 consecutive calendar days per annum for Reserve Training. Tf training time shall be in addition to holidays contained in this Collet Agreement. 2. Wages received for such approved Reserve Training shall be repo to the Employer and the employee shall have the option to choose higher wage between the City and the Department of National Def( THIS IS SCHEDULE "E" REFERRED TO IN THE AGREEMENT BEARING DA THE DAY OF JANUARY, 2013, A.D., AND ENTERED INTO BETWEEN T CITY OF SAINT JOHN, "THE EMPLOYER ", AND THE SAINT JOHN FiREFIGi ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL, CIO, CLC) "THE UNIO Clothing & Equipment Dress + 1 Tunic with 1 pair of Pants Uniform Supplied in 1999: Planned replacement scheduled 5 years Patch Coat said date. Unscheduled replacement of an individual's unifo Gloves only be permitted if required need can be demonstrated in Helmet accordance with Article 24:01 • 1 Long Sleeve White Shirt c/w Fire Dept. Shoulder Flashes Flash Hood (replacement every 3 years) • 1 Tie (replacement each year) • 1 pair Black Dress Shoes (replacement every 5 years) • Uniform Cap (when required) • Employer agrees to make one (1) alteration if required Burin term of issue for dress uniform only Work Issue • supplied each year with the exception of when dress uniforr issued + 2 pairs of Pants • 2 shirts (one long, one short sleeved) or as designated by employee • Jacket when required Footwear • 1 pair of black C.S.A. approved leather shoes or boots (replacement 2 years with the exception of year when dress are issued) • Fire Prevention Personnel: 2 pair Boots or Shoes each year • Training Personnel: 1 pair of Boots each year Personal Equipment for Firefighting Duties Rubber Boots As required Bunker Pants As required Patch Coat As required Gloves As required Helmet As required (complete) As required Flash Hood SCHEDULE "F" This is Schedule "F" referred to in the Foregoing Agreement bearing the _ of JANUARY, 2013, A.D., and entered into between the City of Saint John, " Employer" and the Saint John Firefighters' Association, Local Union No. 71 I.A.F.F. (AFL — CIO, CLC), "The Union ". 1" Day Off (X) Off Off Off(F) No Time Off 2 nd Day Off (X) Off Off D 1 Day Off TDay Off (X) Off D D F 2 Days Off TDay Off (X) D D N(F) 2 Days, 1 Night Off 1st Day D(X) D N N(F) 2 Days, 2 Nights Off 2" Day D(X) N N Off(F) 1 Day, 2 Nights Off 3rd Da D(X) N Off Off(F) 2 Nights Off 4 Da D(X) Off Off Off(F) 1 Night Off 1" Day Off X Off Off Off D 1 Day Off 2" Day Off Off Off D D(F) 2 Days Off 3r Day Off X) Off D D N(F) 2 Days, 1 Night Off 4 Day Off X D D N N(F) — 2 Days, 2 Nights Off I st Day D(X) D N N Off(F) 2 Days, 2 Nights Off 2" d Day D(X) N N Off Off(F) 1 Day, 2 Nights Off 3r Day D(X) N Off Off Off(F) 2 Nights Off 4 Day D(X) Off I Off Off Off(F) 1 Night Off X — Day of Death F — Day of Funeral LETTER OF AGREEMENT #1 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Asso Local No. 771, IAFF "The Union" SUBJECT: Loss of Income Option IT IS HERETO AGREED that the Employer shall work with injured employees a Union to help alleviate loss of income resulting from injury on duty, subject following: the solution is shared (Employer- Union - employee); it complies v Workers' Compensation Act; application will not result in a financial penalty Employer; and there remains an incentive to return to work. The program shall provide that the Employer adopt a policy to pay the full cost of dental and group life insurance benefits, as well as pension plan premiums, dui period an employee is in receipt of payments from the Workers' Compensation The Union shall pay the full cost of union dues. Should the Application of the Workers Compensation Act change, so as to permit employer to make adjustments to injury on Duty Payments; the Employer shall re and revise the current Loss of Income Option so as to alleviate the loss of incomE resulting from injury on duty. This will be done provided such actions do not resu financial penalty to the City of Saint John. Also should the Application of the Workers Compensation Act change to permit ti' employer to make adjustments to injury on Duty Payments for those employees e beyond the maximum WCB coverage the employer will make the adjustments in c for the employee to receive the additional adjustments permitted. This will be dor provided such actions do not result in a financial penalty to the City of Saint John. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of JANUARY, 2013. FOR THE EMPLOYER: FOR THE UNION: LETTER OF AGREEMENT #2 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Asso� Local No. 771, IAFF "The Union" SUBJECT: Terms & Conditions Clothing and Equipment Pilot Project It is agreed that as part of the 2011 — 2014 Collective Agreement, between the C SAINT JOHN and The Saint John Firefighters Association Local No. 771, IAI parties shall jointly undertake a pilot project for the issue of clothing and equipn outlined in Schedule "E ". The objective of the Clothing and Equipment Pilot Project is to provide the parti an opportunity, on a one -year trial basis, to determine the mutually beneficial v the issue of clothing and equipment. The parties agree that they shall create a fc discuss all matters related to the uniforms and equipment including specific quality and issue. SIGNED, SEALED AND DELIVERED In the presence of: THE CITY OF SAINT JOHN ( "The Employer ") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF President LETTER OF AGREEMENT #3 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Asso Local No. 771, IAFF "The Union" SUBJECT: Duty to Accommodate The parties agree to focus efforts on active case management where an indiv absent from work due to illness or injury, the goal of which would be to see return to work for the individual. The parties also recognize their obligation to th to Accommodate" as outlined in the New Brunswick Human Rights Act and the V Compensation Act. The Duty to Accommodate obligation is based on the philosophy that all emr have an equal right to work. The elimination of intolerance in Canada is an en national value. Employers are being asked to eliminate arbitrary barriers inclusion of persons with disabilities in the workplace. "A truly egalitarian society recognises and is designed in view of the fact V workforce is made up of able bodied and disabled persons with distinct nee abilities, but with an equal right to work" PROCESS OUTLINE The City of Saint John comprises a workforce diversity not usually experienced b employers; The City encompasses many diverse employment positions as well (4) different bargaining units plus non -union and management staff. The City c John also recognizes workplace accommodations can be either temporary of permanent in nature. In understanding this, the City of Saint John has adopted a step approach to meet their obligations regarding the duty to accommodate as o in the NB Human Rights Act and the Worker's Compensation Act. (1 Sc Step diverse group will have a designated Return to Work Committee whose mandate to return the ill or injured employee to their pre - illness /injury position. Shoulc determined that an employee cannot return to their pre - illness /injury position th move to the (2nd Step) where their case will be forwarded to the Duty to Accomn Committee who will be responsible to manage any further accommodation. The committees will include representatives from Local 771, two representatives desii by the fire chief and a representative from Human Resources. As well, any employees who have applied but are denied disability benefits City of Saint John Pension Board will automatically be forwarded to the Accommodation Committee for review and management. Note: Any past employees whose disability benefits are suspended from the Saint John Pension Board will automatically be forwarded to the E Accommodation Committee for review and management. In this case the OMA assess their present medical condition against the NFPA 1582 Standard. All cases will be forwarded to an OMA to review and make recommendationc. Duty to Accommodate Committee. The Duty to Accommodate Committee will 1 review the recommendations of the OMA and explore possible accommodatioi mandate of the Duty to Accommodate Committee will be the safe return to wort injured or ill employee to a position within hislher Bargaining Unit first if possiJ secondly a position within the corporation of the City of Saint John. The Duty to Accommodate process follows an individual case management apl this process is governed by an accompanying business practice. Please refer "The City of Saint John Corporate Duty to Accommodate Business Practice; business practice is subject to improvement and change by the Committee. SI member of Local 771 be placed in a position outside the bargaining unit in c accommodate a disability and should an opportunity arise to accommoda individual within the bargaining unit the parties agree that such accommodation made subject to the conditions for accommodation set out in this letter of agreemi Any permanent accommodation will be developed by a committee based applicable business practice. This committee will include the Fire Chief, the presi Local 771, the Manager of Human Resources, the department head who responsible for the accommodation (if needed) and the OMA. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of JANUARY, 2013. FOR THE EMPLOYER: FOR THE UNION: LETTER OF AGREEMENT #4 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Asso Local No. 771, IAFF "The Union" SUBJECT: Professional Development The allocation of training courses acknowledged as being part of the professional development of the employee ranks as defined in the Collective Agreement, steal,1 assigned to the most senior person in the identified platoon /group, or division whi responds to the expression of interest. This Letter of Agreement forms part of the Collective Agreement SIGNED on the I day of JANUARY, 2013. FOR THE EMPLOYER: FOR THE UNION LETTER OF AGREEMENT #5 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Asso Local No. 771, IAFF "The Union" SUBJECT: Constant Mannin To clarify the intent of Article 24:01, at no time shall any apparatus remain in sere with fewer than the staffing levels as described. In the event that constant manni funds are depleted part-way through a fiscal year, and sufficient funds are unavai to maintain safe staffing levels on all apparatus the following shall apply: Apparat fewer than the prescribed number of personnel shall be placed out of service and crew redeployed amongst remaining companies. This Letter of Agreement forms part of the Collective Agreement SIGNED on the day of JANUARY, 2013. FOR THE EMPLOYER: FOR THE UNION LETTER of AGREEMENT #6 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Asso Local No. 771, IAFF "The Union" SUBJECT: Pilot Project - Sick Leave Plan Sick Leave Plan Accumulation Upon retirement, employees will be eligible to receive a partial payment for accumula leave credits in excess of 2280 hours for Operations Personnel and 1330 OR 1900 fo on Day work. Employees will be paid ten (10 %) percent of their regular rate of each hour in excess of the maximum accumulated hours. During their last year of employment employees may displace sick leave with vac in order to qualify for this payment. Sick Leave Bank Credits Not Withstanding Article 14:03 (7) Should the balance in the bank drop below 4000 hours each and every member of Local 771 will be required to contribute up to 24 hours to the bank. For those employees who have in excess of the maximum accumulated hours this deduction will come from those hours in excess of the maximum. The total life time entitlement for all employees from the sick leave bank will not e: 18 months. The calculation of this benefit will commence on Jan. 1, 2009. All emp must be advised of their use of sick leave bank time used each year. Sick Bank Allotment for Employees Eligible to Retire An employee who is eligible to retire (the combination of age and years of service 85 and at least 30 years of service) and makes application to the sick leave bank eligible to draw from the sick bank in the following manner. An employee who is eligible to retire shall be entitled to the balance of their 18 This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of JANUARY, 2013. FOR THE EMPLOYER: FOR THE UNION: LETTER OF AGREEMENT #7 BETWEEN: AND: SUBJECT: 1. Reinvestment in Productivity The City of Saint John "The Employer" The Saint John Firefighters Assoc Local No. 771, IAFF "The Union" Pilot Project — Reinvestment in Productivity The Employer is prepared to share sustained and measurable prod improvements with employees; monies that could be reinvested to supp the employee share of monthly contributions for health, dental and coverage, as provided for in article 14:02 of the Working Agreement: (a) Achieving Work Attendance Outcomes Where the average annual absences on sick leave (hou employee) among all employees (members of the bargaining less than 64 hours per year, the Employer shall pay, in lieu amount shown in article 14:02, 85% monthly towards the cost of coverage and 85% towards the cost of family coverage - following calendar year only. The employee shall pay the remah the cost of monthly premiums. It is understood and agreed thz benefit shall extend to all employees. ii. Where the average annual absences on sick leave (hou employee) among all employees (members of the bargaining i less than 42 hours per year, the Employer shall pay, in lieu amount shown in article 14:02, 100% monthly towards the cost of coverage and 100% towards the cost of family coverage - 1 following calendar year only. It is understood and agreed tha benefit shall extend to all employees. (b) Demonstrating Leadership and Long -Term Commitment i. In lieu of the $5,000 paid -up insurance policy provided for in 14:01 of the Working Agreement, employees who have averagE than 64 hours of sick leave per year over their last ten (10) yE employment and retire may opt to have a monthly amount o1 dediintp-d from their Ht-alfh anri nclnfal nnvmanfc fnr r•n..ornne employment and retire may opt to have a monthly amount i deducted from their Health and Dental payments for coverag period of thirty -six (36) months after retirement. 2. Recognition for Achievements A system of recognition and awards for both organizational units and ind shall be established through the Labour Management Committee. Key a focus shall include: (a) safe drivingloperating record; (b) facility upkeep 1 maintenance rating; (c) community service; (d) quality service testimonials; (e) innovation; (f) equipment care; (g) safe workplace; (h) healthy active living; (i) hazard elimination; and Ui others, as applicable. TERM INATIONIRENEWAL 3. The initiatives set out in this Letter of Agreement shall run for the term collective agreement, from January 1, 2011 to, December 31, 2014. It r terminated at the end of that term by either party, or may be renewe+ subsequent term by mutual agreement of the parties. Renewal will be ba the demonstrated success of the initiatives — in the opinions of the parties. 4. Upon termination of these initiatives, all provisions set out herein shall null and void. SIGNED on this day of JANUARY, 2013 FOR THE EMPLOYER: FOR THE UNION: LETTER OF AGREEMENT #8 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Asso Local No. 771, IAFF "The Union" SUBJECT: Pilot Project - Well Pilot Project Wellness/Fitness The Employer and the Union recognize the importance of a program to mair healthy, capable members throughout their career and agree to implement, ov+ the IAFFIIAFC Fire Service Joint Labour Management Wellness- Fitness initiative It is also jointly recognized that any such program shall be positive, not pur design; allow for age and position within the Department; allow for on -du participation utilizing facilities provided or arranged by the Employer; prov rehabilitation and remedial support for those in need; and be reasonable and ec to all participants. To achieve such a program, a Joint Labour Management Wellness and Committee shall be maintained. The Committee shall consist of (2) representativ( the Employer and two (2) representatives from the Union and a representatK Human Resources. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of JANUARY, 2013. FOR THE EMPLOYER: FOR THE UNION: LETTER OF AGREEMENT #9 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Asso Local No. 771, IAFF "The Union" SUBJECT: Employment of those persons wt have had their disability pension as the result of the board of trust the City's Pension Plan determini based upon review of existing di.c pensions, that the member of the was no longer entitled to receive pension Whereas a former employee commenced receiving a disability pension on or afte January 1, 2009 under the City of Saint John Pension Act (Pension Act), and Whereas the disability pension ceased as the result of the board of trustees of the Pension Plan determining, that the member of the Plan was no longer entitled to i a pension; and Whereas the member of the Plan was left without their primary source of income result, and Whereas the member of the Plan has sought re- employment with the City and the is prepared to offer re- employment upon certain terms and conditions, Now therefore the City and the Union agree that: 1. The member of the City of Saint John Pension Plan shall be treated as thou they are an employee and will be required to actively participate in a Duty t Accommodate Plan for their return to work. 2. Until they return to work they shall be paid by The City of Saint John an am equivalent to the disability pension paid by the City of Saint John Pension F The member will not be an employee until they return to work for the City o John. All provisions of the Duty to accommodate and Return to Work progr shall apply. the Plan accept the aforesaid offer of employment, the position if adder establishment will be automatically deleted from the establishment she incumbent leave the City's employment, or should the City determine th able to assume a position in Fire Operations (in which case the employ( assume such position; and in that regard the employee must agree to upon request to a medical assessment by the City's Occupational Advisor, by no event shall such request be made more frequently than each calendar year), or he should otherwise obtain a different position City. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of JANUARY, 2013. FOR THE EMPLOYER: FOR THE UNION: Letter of Acireement #10 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Associati Local No. 771, IAFF "The Union" SUBJECT: Employer Change It is hereto agreed that, if a change is constituted in the governance of the City of John Fire Department the parties undertake and cooperate fully to ensure a smoc effective transition, successor rights, and protection of the rights and benefits of r employees, as outlined in the collective agreement. This Letter of Agreement forms part of the Collective Agreement SIGNED on this day of JANUARY, 2013. FOR THE EMPLOYER: FOR THE UNION: February 11, 2013 Deputy Mayor Shelley Rinehart and Members of Common Council Deputy Mayor and Councillors: Subject: Potential Sale of Portion of City Owned Property — 80 University Avenue - Gorm Site The Committee of the Whole, having met on February 11, 2013 adopted the following resc RESOLVED that the Committee of the Whole recommends that as recommended by the Ci Manager in the submitted report Potential Sale of Portion of City Owned Property 80 Uniw Avenue - Gorman Arena Site Common Council adopt the following resolution: 1. Common Council deem the property identified as civic number 80 University Avenue, N Parcel Identifier Number 42036, excluding the immediate area including and surrounding 1 Charles Gorman Arena, as illustrated on the plan attached to the report submitted to Com the Whole dated January 29, 2013 to be surplus to the City's needs (the "Subject Lands "); 2. The City consent to the application by Shannex RCL Limited for an amendment to the M Plan and a rezoning of the Subject Lands, on the express condition that the City is not expl implicitly obligated to approve any such amendment to the Municipal Plan or the rezoning 3. The City grant to Shannex RCL Limited, by its authorized representative or agents, a righ access to the Subject Lands for the purpose of carrying out such inspections, surveys, testi environmental audits as Shannex RCL Limited shall deem necessary, on the terms and cony the Farly Access Agreement suhmitted with this rennrt to Committee of the Wh 4. The Mayor and Clerk be authorized to execute the said Early Access Agreement on the behalf. Respectfully, Mayor Mel Norton r �� �, ;rid y .h • � •, � �. ,.. �j"1 .r`� , iA , ' � ^yam /, �•',1 Ity 1,�4 �''rr _.v i, t f,. •J L1 �, e CL ,� THIS AGREEMENT made this __ day of _ )20. BY AND BETWEEN: THE CITY OF SAINT JOHN, having its C Hall at 15 Market Square, Saint John, Ni Brunswick, a body corporate by Royal Chart confirmed and amended by Acts of the Legislati Assembly of the Province of New Brunswi( hereinafter the "City" OF THE FIRST PART 3-TTIE SHLANNEX RLC LINUTED, a body corpora duly registered under the laws of the Province Nova Scotia, doing business in New Brunswick Shannex New Brunswick, having offices at 8: Coverdale Road, in Riverview, New Brunswic hereinafter the "Company" OF THE SECOND PART WHEREAS the City is the owner of lands designated by Service New Brunswi, as PID #42036 (hereinafter the "Lands "); and WHEREAS the Company seeks access to the Lands to carry out inspection surveys and testing; and WHEREAS at a meeting of the Common Council of the City of Saint John he , 2013, the City resolved to give to the Company access to t) Lands to carry out inspections, investigations, surveys and testing upon such terms ai conditions as are hereinafter set out; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideratic Access Agreement -2— 1. The Company, by its authorized representatives and agents, with such equipnc as may be necessary, has a right of access to, in and upon the Lands at any time provi, such right is exercised with as little disturbance as possible to the City and does unduly interfere with the City's use of the Lands and the City's and the public's ust the Charles Gorman Arena and parking lot, at such times and for such purge hereinafter set out: a) the right of access is to allow the Company to carry out such inspectic investigations, surveys, testings and environmental audits as the Comp, shall deem necessary; b) the right of access to, in and upon the Lands shall terminate at 11:59 local time on the 31' day of August, 2013; c) any entry to, in and upon the Lands shall require 24 hours prior writ notice to the City Manager of the City; d) the Company shall pay all costs and expenses related to, arising out of in connection with the inspections, investigations, surveys, testings a environmental audits, including site cleaning, preparation and Iandsc< restoration; e) any entry by or on behalf of the Company on the Lands shall be at 1 Company's sole risk, cost and expense and the Company shall make go any and all damage caused to the Lands; f) the Company shall carry out the inspections, investigations, surve testings and environmental audits in such a manner as to minimize damn to the Lands, only cut trees insofar as it is necessary for the purposes inspections, investigations, surveys, testings and environmental audits a restore the Lands to its original condition; g) the Company shall not exercise any access in, to and upon the Lands ur the Company delivers to the City a Certificate of insurance naming t City as an additional insured, evidencing a policy of commercial gene, liability coverage on "an occurrence" basis and containing a cross liabiI clause, which policy must have an inclusive limit of not less than Fi Million ($5,000,000.00) Dollars. The aforesaid Certificate must provi that the coverage shall stay in force and not be amended, cancelled allowed to lapse without thirty (30) days prior written notice being giv to th,- r;+xr 1�/lanaev&w 'rh. ..r—, —nniii _ . Access Agreement -3— actions, causes of actions, proceedings, claims and demands brou against the City, and from and against all losses, costs, damages expenses suffered or incurred by the City, by reason of any damage property, including property of the City, or injury, including inji resulting in death, to persons, including the employees, servants, ages licensees and invitees of the City, caused by, resulting from or in any v attributable to the exercise by the Company, or by its authorL representatives or agents, of the rights given by this Agreement; i) The Company, for itself and its successors and assigns, (the "Re] and to the fullest extent permitted by law, hereby releases and fore, discharges the City, its employees, officers, agents, successors a assigns, (the "Releasee ") from and against any and all losses, costs, Clair demands, expenses, proceedings and actions of every nature and kind injury or damages, which are or may be in any way related to or connect or associated with the exercise by the Company, or its authorb representatives or agents, of the rights given by this agreement; j) the Company shall provide to the City copies of any and all reports, lette memos, or any other written documentation received in respect of inspections, investigations, surveys, testings and environmental and conducted on the Lands; k) the Company shall coordinate all work carried out on the Lands pursue to paragraph a) and any visit or access to the Lands with Mich: Hugenholtz, Deputy Commissioner, Parks and Public Spaces, who may reached at (506) 648 -4612 or at michael.hugenholtz @saint ohn.ca. 2. This Agreement is not assignable. 3. This Agreement shall enure to the benefit of and be binding upon the respecti successors and assigns of the parties. Access Agreement -4- IN WITNESS WHEREOF the parties hereto have caused these presents to duly executed by the properly authorized officers and their respective corporate se affixed hereto the day and year first above written. SIGNED, SEALED & DEI IVER-hD) In the presence of. ) ) ) } ) } } ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: Per: And: RLC LIMITED February 11, 2013 Deputy Mayor Shelley Rinehart and Members of Common Council Deputy Mayor and Councillors: Subject: Appointments to Shared Risk Pension Board of Trustees The Committee of the Whole, having met on February 11, 2013 adopted the following resc RESOLVED that the Committee of the Whole recommends that the resolution of Common dated January 28, 2013 making appointment to the Board of Trustees of the City of Saint J shared risk plan be amended by deleting the following: "to appoint Kathy Craig, Allan Lock Polley, and John de Gruyter each for a three year term from February 1, 2013 to February any lesser term as required by the terms of reference of the new Pension Board of Trustee ensure continuity of membership for the long term;" and substituting the following: RESOI notwithstanding the Council resolution of October 29, 2012 respecting the term of appoin agencies, boards and commissions "Kathy Craig, Allan Lock, Ian Polley, and John de Gruyte appointed to the board of trustees of the City of Saint John shared risk pension plan for a t four (4) years commencing as of February 1, 2013." Respectfully, Mayor Mel Norton