2015-06-22_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Monday, June 22, 2015
5:00 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, veuillez contacter le
bureau du greffier communal au 658 -2862.
Pages
1. Call to Order - Prayer
2. Approval of Minutes
2.1 Minutes of June 1, 2015 2-13
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Winter On- Street Parking Regulations - Request to Present (Recommendation in 14-14
Report)
5.2 Pole Garbage Baskets (Recommendation: Receive for Information) 15-20
5.3 Contract No. 2015 -10: Lower Cove Loop - Sewer Renewal (Recommendation in 21 -22
Report)
5.4 Lease Renewal with Province for Fort Latour Site - Harbour Passage 23-26
(Recommendation in Report)
5.5 Acquisition of Easement for Municipal Services - Through Portion of PID Number 27-33
55054522 off Loch Lomond Road (Recommendation in Report)
6. Members Comments
7. Proclamation
1 Powered By; $ 1BE'
8.
Delegations / Presentations
8.1 2017 ECMA Presentation
34-43
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By -laws
10.1 Third Reading Municipal Plan Amendment - 170 Ashburn Lake Road
44-46
10.1.1 Third Reading Zoning ByLaw Amendment - 170 Ashburn Lake Road
47-48
10.1.2 Section 39 Conditions - 170 Ashburn Lake Road
49-49
11.
Submissions by Council Members
11.1 City Owned Heritage Properties (Councillor Farren)
50-50
11.2 Economic Agency Review Presentation (Mayor Norton)
51
-51
11.3 LNG Tax Consession (Councillors McAlary and Lowe)
52-53
12.
Business Matters - Municipal Officers
12.1 Demolition of a Structurally Unsound Building at 31 Whitebone Way
54-72
12.2 Demolition of the Open, Vacant, Dilapidated and Structurally Unsound Buildings
73-97
at 26 -28 Victoria Lane
12.3 ServiceSJ - Customer Focused Service Policy and Implementation Strategy
98 -
111
12.4 Recommended Development Incentives Program
112-132
12.4.1 Presentation
133-137
12.5 Proposed Saint John Taxicab ByLaw - Results of the June 3rd Information
138-207
Sessions and Third Reading
12.6 PlaySJ - Neighbourhood Playground 2015 Implementation Plan
208-213
12.6.1 Map Attachments
214-218
12.7 Safe Clean Drinking Water Project (SCDWP) Update
219-225
12.8 Supplemental Funding - Priority Neighbourhoods
226-231
13.
Committee Reports
13.1 Saint John Board of Police Commissioners - 2014 Operating Budget -
232-239
Unaudited December Financial Results
1
13.2 Saint John Parking Commission - License Agreement - Outkast Car Club - 240-251
Water Street (Coast Guard) Parking Lot PID Number 55209159
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 LivingSJ - Social Renewal Strategy Letter re Sale of Lorne Middle School 252-253
15.2
G. Barbara - Proposal to Take Over Reversing Falls Building
254-254
15.3
M. Chiasson Letter re Permission for Yard Sale in front of Admiral Beatty
255-255
16. Supplemental Agenda
16.1 Tentative Agreement between The City of Saint John and CUPE Local 18 256-346
(Outside Workers)
16.2 Contract No. 2015 -17 - Jean Street - Watermain, Sanitary, Storm and Street 347-348
Reconstruction
16.3
Update - Request to Conduct a Surface Remote Sensing Survey of City Land at
349-351
Vulcan Street - PIDS No. 0002444 and 55147482
16.4
Wright Street Retaining Wall Replacement Agreement
352-362
16.5
Replacement for Enterprise Resource Planning System
363-365
16.6
Initiate Stop -Up and Close Portion of Clovelly Drive
366-368
16.7
Uptown Saint John - Winter On- Street Parking Regulations
369-370
17. Committee of the Whole
17.1 Acting City Manager 371 -371
17.2 Proposed New Procedure for Right to Information and Protection of Privacy Act 372-372
Requests
17.3 Memorandum of Understanding (MOU) with Saint John Energy on Light 373-373
Emitting Diode (LED) Conversion
17.4 Recommended Appointments to Committees 374-374
18. Adjournment
3
City of Saint John
Common Council Meeting
Monday June 22, 2015
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:00 p.m. 8t" Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Employment Matter 10.2(4)0)
1.3 Financial Matter 10.2(4)(c)
1.4 Freedom of the City Award (Councillor Fullerton)
1.5 Employment Matter 10.2(4)0)
1.6 Employment Matter 10.2(4)0)
The City of Saint John
Seance du conseil communal
Le lundi 22 juin 2015
Comite plenier
1. Ouverture de la seance
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Chacun des points suivants, en totalitb ou en partie, peut faire ('objet d'une discussion en privb
en vertu des dispositions prevues au paragraphe 10.2(4) de la Loi sur les municipalites. Le
conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique :
16 h — Salle de conference, 8e stage, hotel de ville
1 Approbation du procbs- verbal — paragraphe 10.2(4)
2 Questions relatives a 1'emploi — alinea 10.2(4)j)
3 Question financibre — alinea 10.2(4)c)
4 Octroi du droit de cite (conseillere Fullerton)
5 Question relative a 1'emploi — alinea 10.2(4)j)
6 Question relative a 1'emploi 10.2(4)j)
Seance ordinaire a 17 h
Ouverture de la reunion, suivie de la priere
2. Approbation du procbs- verbal
2.1 Procbs- verbal du 1,Y juin 2015
3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1 Reglement relatif au stationnement sur rue en hiver — Demande de presentation
(recommandation figurant au rapport)
5.2 Poubelles montees sur un poteau (recommandation : accepter a titre informatif)
5.3 Contrat no 2015 -10 : Lower Cove Loop — Renouvellement des egouts
(recommandation figurant au rapport)
5.4 Reconduction du bail avec la province pour le Fort LaTour — Passage du port
(recommandation figurant au rapport)
5.5 Acquisition d'une servitude pour services municipaux associee a la parcelle
portant le NID 55054522 situee pres du chemin Loch Lomond (recommandation
figurant au rapport)
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
8.1 Presentation du comite organisateur de la Semaine de musique de la cote Est
2017
9. Audiences publiques a 18 h 30
10. Etude des arretes municipaux
10.1 Troisieme lecture de la modification du plan d'amenagement visant le
170, chemin Ashburn Lake
10.1.1 Troisieme lecture de la modification de I'Arrete de zonage visant le
170, chemin Ashburn Lake
10.1.2 Conditions imposees par I'article 39 concernant la propriete situee au
170, chemin Ashburn Lake
11. Interventions des membres du conseil
11.1 Proprietes patrimoniales appartenant a la Ville (conseiller Farren)
11.2 Examen effectue par I'agence de developpement economique (maire Norton)
11.3 Allegement fiscal visant le terminal de gaz liquefie (conseillere McAlary et
conseiller Lowe)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Demolition d'un batiment peu solide situe au 31, voie Whitebone
12.2 Demolition des batiments ouverts, vacants, delabres et peu solides situes aux
26 -28, allee Victoria
12.3 ServiceSJ — Politique de service axe sur la clientele et strategie de mise en
oeuvre
12.4 Programme recommande d'incitatifs pour I'amenagement
12.4.1 Presentation
12.5 Projet d'arrete de Saint John reglementant les taxis — Resultats des seances
d'information du 3 juin et troisieme lecture
12.6 Recr6SJ — Plan de mise en ceuvre des terrains de jeu de quartier de 2015
12.6.1 Cartes jointes
12.7 Le point sur le projet Eau potable et propre
12.8 Financement supplementaire — Quartiers prioritaires
13. Rapports deposes par les comites
13.1 Bureau des commissaires de la police de Saint John : Budget de fonctionnement
de 2014 — Bilan financier de decembre non verifie
13.2 Commission sur le stationnement de Saint John : Contrat de licence — Outkast
Car Club Inc. — Stationnement de la rue Water (Garde cotiere), NID 55209159
14. Etude des sujets ecartes des questions soumises a I'approbation du conseil
15. Correspondance generale
15.1 Lettre de LivingSJ — Social Renewal Strategy concernant la vente de I'ecole
intermediaire Lorne
15.2 G. Barbara — Proposition de rachat du batiment des Chutes reversibles
15.3 Lettre de M. Chiasson concernant I'autorisation de proceder a une vente de
garage en face du complexe Admiral Beatty
16. Ordre du jour supplementaire
16.1 Convention collective provisoire entre The City of Saint John et la section
locale 18 du SCFP (cols bleus)
16.2 Contrat no 2015 -17 : Rue Jean — Conduite d'eau principale, egouts sanitaires et
pluviaux, et travaux de refection de la rue
16.3 Mise a jour — Demande en vue de mener une etude par teledetection de la
surface du terrain municipal de la rue Vulcan — NID 0002444 et 55147482
16.4 Entente relative au remplacement du mur de soutenement de la rue Wright
16.5 Remplacement du progiciel de gestion integre
16.6 Debut de fermeture et de barrage d'un trongon de la promenade Clovelly
16.7 Uptown Saint John — Reglement relatif au stationnement sur rue en hiver
17. Comite plenier
17.1 Directeur general par interim
17.2 Nouvelle procedure proposee relativement aux demandes presentees en vertu
de la Loi sur le droit a Pinformation et la protection de la vie privee
17.3 Protocole d'entente avec Saint John Energy relativement a la conversion aux
diodes electroluminescentes (DEL)
17.4 Recommandations de nominations pour sieger aux comites
18. Levee de la seance
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 1, 2015/LE 1 JUIN 2015
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — JUNE 1, 2015 - 6:00 P.M.
Present: Deputy Mayor Rinehart
Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary,
Merrithew, Norton, Reardon and Strowbridge
Regrets: Mel Norton, Mayor
- and -
W. Edwards, Commissioner of Transportation and Environment
Services / Acting City Manager; M. Tompkins, Solicitor; G.
Yeomans, Commissioner of Finance and Treasurer;
J. Hamilton, Commissioner of Growth and Community
Development; A. Poffenroth, Deputy Commissioner of Growth
and Community Development; N. Jacobsen, Commissioner of
Strategic Services; J. Armstrong, Deputy Fire Chief; D. Brooker,
Sgt. -at -Arms; J. Taylor, Common Clerk; P. Anglin, Deputy
Common Clerk.
Call To Order
Deputy Mayor Rinehart called the meeting to order.
2. Approval of Minutes
2.1 Minutes of May 11th, 2015
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the minutes of the meeting of
Common Council, held on May 11, 2015, be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the agenda of this meeting be
approved with the addition of items 16.1 Lifeguard Services — City Beaches; 16.2 Energy
East Ltd. Project Council Update on the NEB Process; 16.3 189 Prince William Street —
Federal Surplus Property; 16.4 Request to Conduct a Surface Remote Sensing Survey
of City Land at Vulcan Street — PIDs # 0002444 & 55147482; 16.5 Recommended
Appointments to Committees; 16.6 Uptown Saint John Request to Present; 17.1 Emera
New Brunswick Field — Shamrock Park (the "Project "); 17.2 Job Evaluation and
Compensation Review (Management /Professional Staff); 17.3 Atlantic Potash Option
Renewal; 17.4 Peel Plaza Surplus Buildings; and, 17.5 Saint John City Market —
Surrender of Lease Stall "E" and Lease of Space Stall "A ".
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report, M &C 2015-
100: Designation of By -Law Enforcement Officer and Inspection Officers and
Designation of Staff for Entry on Premises under the Community Planning Act Common
Council approve the following:
1. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M -22, and
amendments thereto (the "Municipalities Act'), including the Saint John Minimum
Property Standards By -law, By -law Number M -14, and amendments thereto (the "Saint
John Minimum Property Standards By -law ") and it may from time to time be
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COMMON COUNCIL /CONSEIL COMMUNAL
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necessary to commence proceedings in the Provincial Court of the Province of New
Brunswick, when a person has contravened or failed to comply with the said by -law;
AND WHEREAS subsection 14(1) of the Police Act, S.N.B. 1977, c. P -9.2, and
amendments thereto (the "Police Act ") provides that a council may appoint persons as
by -law enforcement officers for a municipality;
AND WHEREAS subsection 23(1) of the Saint John Minimum Property Standards By-
law provides that where a condition of a premise, dwelling, dwelling unit or structure
does not comply with the Saint John Minimum Property Standards By -law, an officer
appointed by council may notify the owner or occupier of a premise, dwelling unit or
structure by notice in the form prescribed by Regulation;
AND WHEREAS section 101 of the Municipalities Act provides that proceedings for
breach of a by -law shall be commenced in the name of the clerk of the municipality or
such other person as is designated for that purpose by the council:
NOW THEREFORE BE IT RESOLVED, that Rachel Van Wart is hereby appointed as a
by -law enforcement officer with respect to the enforcement of the Saint John Minimum
Property Standards By -law, effective immediately, and this appointment shall continue
until she ceases to be an employee of Growth & Community Development Services of
The City of Saint John or until it is rescinded by Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby appointed and
authorized to notify owners and occupiers with respect to premises, dwellings, dwelling
units or structures that do not meet the standards that are set out in the Saint John
Minimum Property Standards By -law, effective immediately, and this appointment and
authorization shall continue until she ceases to be an employee of Growth & Community
Development Services of The City of Saint John or until it is rescinded by Common
Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick
for breach of the Saint John Minimum Property Standards By -law, effective immediately,
and this appointment and authorization shall continue until she ceases to be an
employee of Growth & Community Development Services of The City of Saint John or
until it is rescinded by Common Council, whichever comes first.
2. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Municipalities Act, including the Saint John
Unsightly Premises and Dangerous Buildings and Structures By -law, By -law Number M-
30, and amendments thereto (the "Saint John Unsightly Premises and Dangerous
Buildings and Structures By- law "), and it may from time to time be necessary to
commence proceedings in the Provincial Court of the Province of New Brunswick, when
a person has contravened or failed to comply with the said by -law;
AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint
persons as by -law enforcement officers for a municipality;
AND WHEREAS subsection 190.01(3) of the Municipalities Act provides that an officer
appointed by council may notify the owner or occupier of premises, a building or
structure by notice in the form prescribed by regulation when a condition exists pursuant
to subsections 190.01(1), 190.01(1.1) or 190.01(2) of the Municipalities Act;
AND WHEREAS section 101 of the Municipalities Act provides that proceedings for
breach of a by -law shall be commenced in the name of the clerk of the municipality or
such other person as is designated for that purpose by the council:
NOW THEREFORE BE IT RESOLVED, that Rachel Van Wart is hereby appointed as a
by -law enforcement officer with respect to the enforcement of the Saint John Unsightly
Premises and Dangerous Buildings and Structures By -law, effective immediately, and
this appointment shall continue until she ceases to be an employee of Growth &
Community Development Services of The City of Saint John or until it is rescinded by
Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby appointed and
authorized to notify owners and occupiers with respect to premises, buildings or
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 1, 2015/LE 1 JUIN 2015
structures that are unsightly; buildings or structures that are a hazard to the safety of the
public by reason of being vacant or unoccupied; buildings or structures that are a hazard
to the safety of the public by reason of dilapidation or unsoundness of structural
strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and
Structures By -law, effective immediately, and this appointment and authorization shall
continue until she ceases to be an employee of Growth & Community Development
Services of The City of Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick
for breach of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By -law, effective immediately, and this designation and authorization shall
continue until she ceases to be an employee of Growth & Community Development
Services of The City of Saint John or until it is rescinded by Common Council, whichever
comes first.
3. WHEREAS, the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Municipalities Act, including the Saint John Dog
Control By -law, By -law Number M -13, Mobile Home Parks By -law, By -law Number M -20,
including all amendments thereto, and it may from time to time be necessary to
commence proceedings in the Provincial Court of the Province of New Brunswick, when
a person has contravened or failed to comply with the said By -law;
AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint
persons as by -law enforcement officers for a municipality;
AND WHEREAS section 101 of the Municipalities Act, provides that proceedings for
breach of a by -law shall be commenced in the name of the clerk of the municipality or
such other person as is designated for that purpose by the council:
NOW THEREFORE BE IT RESOLVED, that Rachel Van Wart is hereby appointed as a
by -law enforcement officer with respect to the enforcement of the Saint John Dog
Control By -law and the Mobile Home Parks By -law, effective immediately, and this
appointment shall continue until she ceases to be an employee of Growth & Community
Development Services of The City of Saint John or until it is rescinded by Common
Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick
for breach of the Saint John Dog Control By -law and the Mobile Home Parks By -law,
effective immediately, and this appointment and authorization shall continue until she
ceases to be an employee of Growth & Community Development Services of The City of
Saint John or until it is rescinded by Common Council, whichever comes first.
4. WHEREAS subsection 100.2(a) of the Municipalities Act provides that offences under
subsection 94.2(3) or 102.1(1.2) of the Municipalities Act or offences in respect of a by-
law under subsection 94(1) or 94(3) or section 190 of the Municipalities Act, are
prescribed offences for the purposes of section 9 of the Provincial Offences Procedure
Act, S.N.B. 1987, c. P -22.1, and amendments thereto;
AND WHEREAS subsection 100.2(b) of the Municipalities Act provides that a by -law
enforcement officer appointed under section 14 of the Police Act, and designated by
resolution of the council is an authorized person who may serve tickets in respect to
offences referred to in subsection 100.2(a) of the Municipalities Act:
NOW THEREFORE BE IT RESOLVED, that Rachel Van Wart is hereby designated and
authorized as a person to serve tickets in respect to offences referred to in subsection
100.2(a) of the Municipalities Act, effective immediately, and this designation and
authorization shall continue until she ceases to be an employee of Growth & Community
Development Services of The City of Saint John or until it is rescinded by Common
Council, whichever comes first.
5. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By -law
provides that Common Council may for the purposes of the administration and
enforcement of the said by -law, appoint inspection officers who may exercise such
powers and perform such duties as may be set out in the said by -law and /or the
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 1, 2015/LE 1 JUIN 2015
Residential Properties Maintenance and Occupancy Code Approval Regulation
Municipalities Act and /or the Municipalities Act:
NOW THEREFORE BE IT RESOLVED, that Dennis Richard is hereby appointed as an
inspection officer with respect to the enforcement of the Saint John Minimum Property
Standards By -law which received first and second reading by Common Council on
August 18, 2008 and third reading on September 2, 2008, being enacted upon approval
by the Minister of Local Government, and /or the Residential Properties Maintenance and
Occupancy Code Approval Regulation — Municipalities Act and /or the Municipalities Act,
and these appointments shall continue until they cease to be employees of the Growth &
Community Development Services of the City of Saint John or until it is rescinded by
Common Council, whichever comes first.
6. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C -12,
and amendments thereto, (the "Community Planning Act ") including the Saint John
Building By -law, By -law Number C.P. 101, The Zoning By -law of the City of Saint John,
By -law Number C.P. 110, and the City of Saint John Flood Risk Areas By -law, By -law
Number C.P. 11 and amendments thereto for each of these By -laws, and it may from
time to time be necessary to make inspections for the administration of these By -laws;
AND WHEREAS subsection 92(1) of the Community Planning Act provides that a
council may authorize persons to enter at all reasonable times upon any property within
its jurisdiction for the purpose of making any inspection that is necessary for the
administration of a by -law:
NOW THEREFORE BE IT RESOLVED, that each of Rachel Van Wart and Dennis
Richard, each of whom is a City Inspector, is hereby authorized to enter at all
reasonable times upon any property within the territorial boundaries of the City of Saint
John for the purpose of making any inspection that is necessary for the administration of
the Building By -law, Zoning By -law, and the City of Saint John Flood Risk Areas By -law,
effective immediately, and this authorization shall continue until he /she ceases to be an
employee of Growth and Community Development Services of The City of Saint John or
until rescinded by Common Council, whichever comes first.
5.2 Refer to item 14.1.
5.3 That as recommended by the City Manager in the submitted report M &C 2015 —
105: Proposed Public Hearing Date - 27 Cliff Street, Common Council schedule the
public hearing for the rezoning application of St. Vincent's Apartments Inc. (27 Cliff
Street) for Monday, July 6, 2015 at 6:30 p.m. in the Council Chamber, and refer the
application to the Planning Advisory Committee for a report and recommendation.
5.4 Refer to item 14.2.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the recommendation set out for
each consent agenda item respectively with the exception of item 5.2 and 5.4 which
have been identified for debate, be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
7.1 Shriners International Day and Shriners Week — June 6 and June 1 to June
7, 2015
The Deputy Mayor proclaimed June 6 and the week of June 1th to June 7th, 2015
Shriners International Day and Shriners Week in the City of Saint John.
7.2 Paramedic Service Week - May 24th to May 30th, 2015
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COMMON COUNCIL /CONSEIL COMMUNAL
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The Deputy Mayor proclaimed the week of May 24th to May 30th, 2015 Paramedic
Services Week in the City of Saint John.
7.3 Disability Awareness Week - May31 to June 6, 2015
The Deputy Mayor proclaimed the week of May 31st to June 6th, 2015 Disability
Awareness Week in the City of Saint John.
7.4 SIDS Awareness and Memorial Day - May 23, 2015
The Deputy Mayor proclaimed May 23rd, 2015 SIDS Awareness and Memorial Day in
the City of Saint John.
7.5 World Refugee Day - June 20, 2015
The Deputy Mayor proclaimed June 20th, 2015 World Refugee Day in the City of Saint
John.
8. Delegations /Presentations
9. Public Hearings 6:30 P.M.
9.1 Proposed Municipal Plan Amendment and Rezoning - 170 Ashburn Lake
Road - Staff Presentation
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the staff presentation be waived.
Question being taken the motion was carried with Councillor Reardon
voting nay
9.1.1 Planning Advisory Committee report Recommending Municipal Plan
Amendment and Zoning ByLaw Amendment
9.1.2 Proposed Municipal Plan ByLaw Amendment and Zoning ByLaw
Amendment for 170 Ashburn Lake Road (1st and 2nd Reading)
9.1.3 Objection - Brenton Kean on behalf of Citizens Against Urban Quarries
The Common Clerk advised that the necessary advertising was complete with regard to
the proposed Municipal Plan and Rezoning amendments of a parcel of land located at
170 Ashburn Lake Road having an area of approximately 70 hectares, also identified as
being PID Nos. 00305128, 00298422, 00297333 and 00298182, from Rural Resource
Area (outside of the Primary Development Area) and Employment Area and Urban
Reserve (within the Primary Development Area) to Rural Resource Area (outside of the
Primary Development Area) and Employment Area (within the Primary Development
Area) classification; and by amending Schedule B — Future Land Use, by redesignating
the same parcel of land from Rural Resource (outside of the Primary Development Area)
and Heavy Industrial and Urban Reserve (within the Primary Development Area) to
Rural Resource (outside of the Primary Development Area) and Heavy Industrial (within
the Primary Development Area) classification; and by rezoning the same parcel of land
from Rural (RU), Future Development (FD), Medium Industrial (IM) and Heavy Industrial
(IH) to Pit and Quarry (PQ) and Heavy Industrial (IH) to permit the expansion of an
existing quarry, and to permit future development of a portion of the parcel of land for
heavy industrial uses, with one letter of objection being received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of planning staff's report considered at its May 20, 2015 meeting at
which the Committee recommended approval as set out in the staff recommendation, to
amend the municipal plan and rezone a parcel of land located at 170 Ashburn Lake
Road as described above with Section 39 conditions.
The Deputy Mayor called for members of the public to speak against the rezoning with
Tim Hopkins, lawyer representing Citizens Against Urban Quarries, presenting.
Council voiced concern that the Citizens Against Urban Quarries did not declare who
they are, state their occupation or declare where they live. The Acting City Solicitor
advised Council that she is not aware of a precedent where people opposing a rezoning
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JUNE 1, 2015/LE 1 JUIN 2015
have not declared themselves by their personal name and / or appeared in person
choosing instead to send a solicitor to speak on their behalf. She suggested that should
Council want to consider the representation of Citizens Against Urban Quarries in their
decision they should refer the matter to the City Solicitor for an opinion on the issue and
to receive a legal opinion at the next meeting of Council.
The Deputy Mayor called for members of the public to speak in favour of the rezoning
with Stephen Perry of Brunswick Engineering presenting, on behalf of Debly Resources
and M. Debly of Debly Enterprises presenting.
On motion of Councillor Merrithew
Seconded by Councillor McAlary
RESOLVED that the by -law entitled, "A Law to
Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by
redesignating a parcel of land with an area of approximately 70 hectares, located at 170
Ashburn Lake Road, also identified as being PID Nos. 00305128, 00298422, 00297333
and 00298182, from Rural Resource Area (outside of the Primary Development Area)
and Employment Area and Urban Reserve (within the Primary Development Area) to
Rural Resource Area (outside of the Primary Development Area) and Employment Area
(within the Primary Development Area) classification and amending Schedule B —
Future Land Use, by redesignating the same parcel of land from Rural Resource
(outside of the Primary Development Area) and Heavy Industrial and Urban Reserve
(within the Primary Development Area) to Rural Resource (outside of the Primary
Development Area) and Heavy Industrial (within the Primary Development Area)
classification, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the bylaw entitled, "A Law to Amend the Municipal Plan By-
Law."
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "A Law to
Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by
redesignating a parcel of land with an area of approximately 70 hectares, located at 170
Ashburn Lake Road, also identified as being PID Nos. 00305128, 00298422, 00297333
and 00298182, from Rural Resource Area (outside of the Primary Development Area)
and Employment Area and Urban Reserve (within the Primary Development Area) to
Rural Resource Area (outside of the Primary Development Area) and Employment Area
(within the Primary Development Area) classification and amending Schedule B —
Future Land Use, by redesignating the same parcel of land from Rural Resource
(outside of the Primary Development Area) and Heavy Industrial and Urban Reserve
(within the Primary Development Area) to Rural Resource (outside of the Primary
Development Area) and Heavy Industrial (within the Primary Development Area)
classification, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the bylaw entitled, "A Law to Amend the Municipal Plan By-
Law."
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning
Map of The City of Saint John, by re- zoning a parcel of land having an area of
approximately 70 hectares, located at 170 Ashburn Lake Road, also identified as PID
numbers 00305128, 00298422, 00297333 and 00298182, from Rural (RU), Future
Development (FD), Medium Industrial (IM) and Heavy Industrial (IH) to Pit and Quarry
(PQ) and Heavy Industrial (IH), be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
On motion of Councillor McAlary
Seconded by Councillor Farren
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RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning
Map of The City of Saint John, by re- zoning a parcel of land having an area of
approximately 70 hectares, located at 170 Ashburn Lake Road, also identified as PID
numbers 00305128, 00298422, 00297333 and 00298182, from Rural (RU), Future
Development (FD), Medium Industrial (IM) and Heavy Industrial (IH) to Pit and Quarry
(PQ) and Heavy Industrial (IH), be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
10. Consideration of By -laws
11. Submissions by Council Members
11.1 Council Certificates (Councillor Fullerton)
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that item 11.1 Council Certificates be
referred to the City Manager for a recommendation.
Question being taken, the motion was defeated with Councillors Farren,
Norton, Strowbridge, Reardon, Lowe, Fullerton, and Merrithew voting nay.
11.2 Canada 150 (Councillor Fullerton)
Councillor Fullerton withdrew the motion.
12. Business Matters - Municipal Officers
12.1 One Stop Development Shop Project Update
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that Council receive for information the
submitted report M &C 2015 -104: One Stop Development Shop Project Update.
Question being taken, the motion was carried.
12.2 Transportation Strategic Plan - MoveSJ - Phase 1: Community Engagement
Program
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the submitted report M &C 2015-
107: Transportation Strategic Plan - MoveSJ - Phase 1: Community Engagement Plan,
be received for information.
Question being taken, the motion was carried.
12.3 Replacement - Data Storage System for City IT and Police Services
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the City
Manager in the submitted report entitled Replacement - Data Storage System for City /T
and Police Services, Council approve the purchase of a EMCZ VNX SAN System from
Softchoice at a total cost $160,000 + HST.
Question being taken, the motion was carried.
12.4 Use of the Saint John Community Brand
On motion of Councillor McAlary
Seconded by Councillor Farren
n.
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 1, 2015/LE 1 JUIN 2015
RESOLVED that Council adopts the
recommendation in the submitted report entitled, Use of the Saint John Community
Brand, as follows: that Common Council hear directly from Enterprise Saint John prior to
any change in the use of the Explorer Logo.
Question being taken, the motion was carried.
13. Committee Reports
13.1 Saint John Community Arts Board Letter — Canada 150
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the letter from the Saint John
Community Arts Board concerning Canada 150, be referred to the City Manager.
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
14.1 Saint John Taxicab By -Law Information Sessions June 3, 2015
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that Council receive for information the
submitted report entitled, M &C 2015 -13: Saint John Taxicab By -Law Information
Sessions June 3, 2015.
Question being taken, the motion was carried.
14.2. Letter from C. Henderson re: Parking Ban on Bayside Drive
On motion of Councillor Lowe
Seconded by Councillor Farren
RESOLVED that the Letter from C. Henderson re:
Parking Ban on Bayside Drive be referred to the City Manager.
Question being taken, the motion was carried.
15. General Correspondence
15.1 Letter from The Saint John Taxi Owners & Operators Association Ltd. re:
Taxi Meter System
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the letter from The Saint John
Taxi Owners & Operators Association Ltd. re: Taxi Meter System, be received for
information.
Question being taken, the motion was carried.
On motion of Councillor Merrithew
Seconded by Councillor MacKenzie
RESOLVED that the Saint John Taxi Owners &
Operators Association Ltd. be allowed to speak for 10 minutes before 3rd reading and
that the Common Clerk be directed to schedule the presentation.
Question being taken, the motion was carried with Councillor Farren
voting nay.
15.2 East Coast Music Week 2017 Committee Request to Present
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the Common Clerk be directed to
schedule East Coast Music Week 2017 to present to Council.
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COMMON COUNCIL /CONSEIL COMMUNAL
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Question being taken, the motion was carried.
16. Supplemental Agenda
16.1 Lifeguard Services — City Beaches
On motion of Councillor Merrithew
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report entitled M &C 2015 -110: Lifeguard Services — City
Beaches, Council approves the proposal for the provision of lifeguard services for the
2015 and 2016 beach seasons with an optional one year extension for 2017, as
submitted by Canada Games Aquatic Centre at the pre -tax cost of $154,121 for 2015,
$158,744 for 2016 and $163,506 for 2017, and Council directs that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
16.2 Energy East Ltd. Project Council Update on the NEB Process
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that Council receive for information the
submitted report entitled, M &C 2015 -106: Energy East Ltd. Project Council Update on
the NEB Process.
Question being taken, the motion was carried.
16.3 189 Prince William — Federal Surplus Property
On motion of Councillor Merrithew
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report entitled, M &C 2015 -102: 189 Prince William — Federal
Surplus Property, as follows, Council directs staff to thank the Federal Government
(Public Works) for the offer and decline the opportunity to purchase 189 Prince William
Street.
Question being taken, the motion was carried.
16.4 Request to Conduct a Surface Remote Sensing Survey of City Land at Vulcan
Street — PIDs # 0002444 & 55147482
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report entitled M &C 2015 -108: Request to Conduct a Surface
Remote Sensing Survey of City Land at Vulcan Street — PIDs # 0002444 & 55147482:
1. That the City of Saint John give permission and license to Graeme F. Somerville, his
agents and contractors, to enter upon City lands designated by PID Nos. 0002444 and
55147482 to conduct a surface remote sensing survey of the said lands (the Project)
provided that during the Project the surface of the said lands is not disturbed; that prior
to entry upon the said lands to carry out the Project Mr. Somerville obtains commercial
general liability insurance for the Project in the amount of $2,000,000.00 with the City as
an additional insured and agrees that he shall have no claim against the City for loss or
damage and will indemnify and save the City harmless and that the Project will be
completed by July 31, 2015; and
2. That the Mayor and Common Clerk are authorized to execute a Licence for the
Project.
Question being taken, the motion was carried.
16.5 Committee of the Whole: Recommended Appointments to Committees
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 1, 2015/LE 1 JUIN 2015
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that following appointment be made:
Harbour Station Commission: to appoint Gary MacDonald to a three year term from
May 27, 2015 to May 27, 2018.
Question being taken, the motion was carried.
16.6 Uptown Saint John Request to Present (Councillor Reardon)
On motion of Councillor Farren
Seconded by Councillor Reardon
RESOLVED that the City Manager be directed to
schedule a brief presentation from Uptown Saint John with respect to an overview of the
entity and its operations.
Question being taken, the motion was carried.
17. Committee of the Whole
17.1 Emera NB Field — Shamrock Park (the "Project ")
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that Common Council authorize the
Commissioner of Finance to release to Gulf Operators Ltd. holdback funds respecting
already completed work on the Emera New Brunswick Field at Shamrock Park in the
amount of $53,392.50 respecting Contract No. 2014 - 085101 T.
Question being taken, the motion was carried.
17.2 Job Evaluation and Compensation Review (Management / Professional Staff)
On motion of Councillor Merrithew
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report entitled, Job Evaluation and Compensation Review
(Management and Professional Staff):
1. Council approves a 1 % economic increase for all Management and Professional Staff
retroactive to 1 January 2015, and
2. Council adopts the Hay recommendations, and replace the existing City of Saint John
Management / Professional job classification system, salary grid and salary
administration procedures with:
a) A new salary ladder chart (as referenced in slide 7, Attachment C);
b) A new salary grid that reflects both the external market as well as internal
changes in the job ranking system (as referenced in slide 10, Attachment C),
and;
c) New City of Saint John Management / Professional salary administration
guidelines (as referenced in Attachment B) and
3. Council directs the City Manager, in cooperation with the Human Resources
Department and Senior Management, to:
a. Advise each Management / Professional Employee of his or her placement
within the new salary administration structure;
b. Move each employee whose salary is between steps in the recommended Hay
salary structure to the next highest step in the new salary grid, effective July 1,
2015;
c. Implement the appropriate salary administration guidelines and procedures
required to introduce and maintain the new Hay Job Classification and Salary
Administration systems for all City of Saint John Management and Professional
Staff.
d. Establish an ongoing process to maintain job evaluation and job grading going
forward, and;
e. Re- assess overall salary competitiveness on an annual basis and
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JUNE 1, 2015/LE 1 JUIN 2015
4. That as per the original December 9, 2013 resolution, Council directs the City
Manager to return with any recommended changes to the Terms and Conditions of
Employment for Management / Professional Personnel and related human resource
management policies.
Question being taken, the motion was carried with Councillor Farren nay.
17.3 Atlantic Potash Option Renewal
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that Common Council approve the
submitted option renewal entitled, Option Agreement with Atlantic Potash Corporation for
parcels with PIDs 370429, 337386, 55192207, 55220107, 55220099 and 55220172 in
the McAllister Industrial Park and that Council directs the Mayor and Common Clerk be
authorized to sign all related documents.
Question being taken, the motion was carried with Councillors Lowe and
Reardon voting nay.
17.4 Peel Plaza Surplus Buildings
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the City of Saint John enter into
an Option Agreement with Saint John Non Profit Housing Inc. under the terms and
conditions as contained in the document attached to M &C 2015 -101 Peel Plaza Surplus
Buildings, entitled Option; and that the Mayor and Common Clerk be authorized to sign
the agreement.
Question being taken the motion was carried with Councillor Reardon and
Fullerton voting nay.
17.5 Saint John City Market — Surrender of Lease Stall "E" and Lease of Space
Stall "A"
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report entitled M &C 2015 -11 Saint John City Market —
Surrender of Lease Stall "E" and Lease of Space Stall "A" :
1) Council approves the Surrender of Lease for the Stall "E" in the City Market with
Cindy Christie as set out in the Surrender of Lease submitted with M &C 2015 -111, and;
2) Council approves the Lease of space for stall "A" in the City Market with The
Butcher's Daughter Gift Shoppe Inc. (682766) under the terms and conditions as set out
in the Lease submitted with M &C 2015 -111, and further;
3) That the Mayor and Common Clerk be authorized to execute the documents.
Question being taken, the motion was carried.
18. Adjournment
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the meeting on June 1 st, 2015 be
adjourned.
Question being taken, the motion was carried.
The Deputy Mayor declared the meeting adjourned at 8:18 p.m.
12
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 1, 2015/LE 1 JUIN 2015
Deputy Mayor / maire
Common Clerk / greffier communal
13
REPORT TO COMMON COUNCIL
June 16, 2015
M &C2015 -xxx
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
r Of. V91
The City of Saint John
SUBJECT: WINTER ON- STREET PARKING REGULATIONS — REQUEST TO
PRESENT
BACKGROUND
At its February 16, 2015 Meeting, Common Council "RESOLVED that item 11.1 Overnight
Parking be referred to the City manager to report back on the idea of eliminating overnight
parking on public streets during the winter months."
Staff would like an opportunity to deliver a presentation to Council outlining available options
for consideration
RECOMMENDATION
Refer this request to the Common Clerk to schedule this presentation at Council's July 20, 2015
meeting.
Respectfully submitted,
R. Kevin Rice, B.Sc., C.E.T. Wm. Edwards, P. Eng.
Deputy Commissioner, Commissioner,
Transportation and Environment Services Transportation and Environment Services
J. Patrick Woods, CGA
City Manager
14
REPORT TO COMMON COUNCIL
June 16, 2015
M &C2015 -117
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Pole Garbage Baskets
BACKGROUND
The City of Saint john
At its April 13, 2015 Meeting, Common Council, "RESOLVED that Common Council
recommend staff provide a solution and advice on maintenance of pole garbage baskets during
winter months." This Report provides information concerning this direction.
ANALYSIS
To facilitate a safe clean city, The City of Saint John has one hundred and fifty three (153) pole
baskets and barrels deployed city wide (see Schedule Q. Ninety (90) pole baskets and twenty
(20) barrels are located in the Central Business District (CBD) and South Central Peninsula
(SCP) for litter maintenance. Of those designated locations in the CBD and SCP forty percent
(40 %) of the pole baskets are missing.
The current pole basket clasping mechanism (fitting to the pole) is not providing adequate
strength to secure the baskets. These baskets are removed with minor force, through vandalism
or buildup of snow through sidewalk snow removal efforts.
City staff has researched the existing model and have identified two (2) types of pole baskets that
are similar in look to the existing baskets however, have alternative clasping mechanisms that
provide a more secure fitting to the pole, reducing the ability for the basket to be removed. The
replacement baskets have been ordered and will be delivered by mid -July.
Although ordered through distributers in Nova Scotia and Ontario, the companies' manufacturers
are overseas and therefore the delivery time ranges from six to twelve weeks.
Staff will monitor the two types of pole baskets and determine which of the two units (if either)
provides a better return on investment through ease of emptying and minimal loss through
vandalism.
15
2015 Pole Baskets
Report to Common Council, M & C 2015 - XX
June 16, 2015
Page 2
Over the past three years on average forty five (45) pole baskets are ordered annually to replace
missing baskets. Although the anticipated replacement of pole baskets is a planned purchase, the
high number of replacements this year and the increased location requests are not.
Once the inventory of pole baskets has been reduced to a level of ten (10) in stock, thirty five
(35) pole baskets will be immediately ordered to ensure pole baskets are always in stock to
enable timely replacement of pole baskets throughout the winter months.
Currently, citizens submit a request for the City to install a pole basket at a new location. Since
there is currently no criteria or warrant analysis in place, the City has simply been adding more
pole baskets to the inventory. Since 2013 the number of locations city wide has increased 18 %.
The number of pole baskets and barrels must be balanced with the ability for personnel to empty
and maintain them in a timely manner. To better facilitate future requests, a Best Management
Practice will be created to establish criteria required for new location requests. This will allow
staff to determine the need for the location and the probability for misuse, i.e. the disposal of
household garbage as seen in the South Central Peninsula and the ability to properly service new
locations, while maintaining the current level of service to preexisting locations.
FINANCIAL IMPLICATIONS
The per -unit price of the trial pole basket most similar to the style (and price) currently used by
the City is $151 plus HST. Sixty (60) of this type have been ordered at a cost of $9,060 plus
HST. The per -unit price of the other pole basket being trialed is $331.34. Thirty (30) units have
been order at a cost of $9,940.15 plus HST.
RECOMMENDATION
Staff recommends that Common Council receive and file this report.
Respectfully submitted,
Kevin Rice, B.Sc., C.E.T.
Deputy Commissioner,
Transportation and Environment Service
J. Patrick Woods, CGA
City Manager
16
Wm. Edwards, P. Eng.
Commissioner,
Transportation and Environment Service
SCHEDULE C (South Central)
CBD Pole Basket/ Barrel / Ashtray Inventory
Civic
Street
PB
Barrel
Done
Waterloo - Brinley
1
1
Waterloo - Brunswick
1
1
Waterloo - Golding
1
1
Waterloo - by Cathedral
1
1
Cliff - St. Vincent's
1
2
Waterloo - Cliff
1
44
Waterloo - Paddock
1
56
1 Waterloo
1
162
Waterloo - Peter
1
17
Waterloo
1
102
Waterloo - Union
1
85
Brunswick - Middle
1
72
Brunswick - Exmouth
1
Brunswick - Prince Edward
1
20
Prince Edward - Richmond
1
17
Prince Edward Bus Stop
1
Prince Edward - Union
1
1
Union - Wentworth
1
1
Union - PE School
1
Union - PE Square
1
1
Union - Coburg
1
1
Union - Dorchester
1
1
Carlton - Dorchester
1
Carlton - Coburg
1
46
Coburg Street
1
66
Coburg Street
1
Coburg - Garden
1
120
Coburg Street
1
123
Hazen Avenue
1
81
Wellington at Union
1
Gemain at Union
1
Sydney - King Sq. North
1
1
223
King Sq. North - Bus Stop
2
117
King Sq. North - Charlotte
1
1
35
Charlotte Street
1
45
Charlotte - Market
1
Charlotte - King
1
1
103
Charlotte - RBC
1
1
Charlotte - King Sq. South
1
24
King Sq. South
1
143
Charlotte - Princess
1
169
Charlotte Street - Horesfield
1
211
Charlotte Street - Duke Street
1
167
Charlotte - St. James
1
130
Sydney - St. James
1
Sydney - Duke
1
King Sq. South - Sydney
1
22
Sydney - Court House
1
Civic
Street
PB
Barrel
Done
St. Patrick - Aquatic Centre
1
St. Patrick Bus Stop North
1
St. Patrick Bus Stop South
1
St. Patrick - Market Sq.
1
Market Sq. - Boardwalk
2
Water Street at Jardine's Ally
44
Water Street at Princess
1
177
Prince William Street
1
162
Prince William Street
1
105
Prince William Street
1
102
Prince William Street
1
85
Prince William Street
1
72
Prince William Street
1
Prince William - King
2
20
Canterbury Street
1
17
lCanterbury Street
1
Canterbury - Princess
1
Canterbury - Duke
1
Canterbury - SJHS
1
Germain - Duke
1
Germain - Grannan Ln
1
1
Germain - Brunswick Sq.
1
1
Carmarthen - Princess
1
Carmarthen - Mecklenburg
1
Carmarthen - Britain
1
Wentworth - Broad
1
Wentworth - Queen
1
66
Orange Street
1
Wentworth - Leinster
1
81
Wentworth
1
Pitt - King St E
1
Pitt - Mecklenburg
1
223
St. James
1
117
Queen
1
Duke - SJHS
1
175
Duke
1
Princess - Carmarthen
1
103
Princess
1
Princess - Germain
1
King St E -Sydney
1
218
King St E
1
256
King St E
1
211
King St E
1
167
King St E
1
130
Princess
1
Last Updated April 1, 2015
17
SCHEDULE C (South Central)
CBD Pole Basket/ Barrel / Ashtray Inventory
88
King Street
1
Done
71
King (National Bank)
1
58
King (Tim Horton's)
1
King - Germain
2
2
28
King Street - Subway
1
King - Canterbury
1
2
King - Chipman Hill
1
Chipman Hill - City Hall
1
King - City Hall
1
1
TOTAL POLE BASKETS 90 South Central only
TOTAL BARRELS 20 South Central Only
Civic
Street
OA
Done
Rainbow Park
2
Bus Stop King Sq. /Charlotte
2
Queen Square
2
Bus Stop King & Charlotte
1
Bus Stop City Hall
1
City Market / Charlotte
1
Tim Horton's King St
1
O'Leary's Princess St
1
49 Canterbury St
1
OUTDOOR ASHTRAYS 12
This colour represesnts missing
36/90
Last Updated April 1, 2015
18
SCHEDULE C (South Central)
CBD Pole Basket/ Barrel / Ashtray Inventory
Civic
Street
PB
Barrel
Done
Waterloo - Brinley
1
1
Waterloo - Brunswick
1
1
Waterloo - Golding
1
1
Waterloo - by Cathedral
1
1
Cliff - St. Vincent's
1
2
Waterloo - Cliff
1
44
Waterloo - Paddock
1
56
lWaterloo
1
162
Waterloo - Peter
1
17
Waterloo
1
102
Waterloo - Union
1
85
Brunswick - Middle
1
72
Brunswick - Exmouth
1
Brunswick - Prince Edward
1
20
Prince Edward - Richmond
1
17
Prince Edward Bus Stop
1
Prince Edward - Union
1
1
Union - Wentworth
1
1
Union - PE School
1
Union - PE Square
1
1
Union - Coburg
1
1
Union - Dorchester
1
1
Carlton - Dorchester
1
Carlton - Coburg
1
46
Coburg Street
1
66
Coburg Street
1
Coburg - Garden
1
120
Coburg Street
1
123
Hazen Avenue
1
81
Wellington at Union
1
Gemain at Union
1
Sydney - King Sq. North
1
1
223 ISt.
King Sq. North - Bus Stop
2
117
King Sq. North - Charlotte
1
1
35
Charlotte Street
1
45
Charlotte - Market
1
Charlotte - King
1
1
103
Charlotte - RBC
1
1
Charlotte - King Sq. South
1
24
King Sq. South
1
143
Charlotte - Princess
1
169
Charlotte Street - Horesfield
1
211
Charlotte Street - Duke Street
1
167
Charlotte - St. James
1
130
Sydney - St. James
1
Sydney -Duke
1
King Sq. South - Sydney
1
22
Sydney - Court House
1
Civic
Street
PB
Barrel
Done
St. Patrick - Aquatic Centre
1
St. Patrick Bus Stop North
1
St. Patrick Bus Stop South
1
St. Patrick - Market Sq.
1
Market Sq. - Boardwalk
2
Water Street at Jardine's Ally
44
Water Street at Princess
1
177
lPrince William Street
1
162
Prince William Street
1
105
Prince William Street
1
102
Prince William Street
1
85
Prince William Street
1
72
Prince William Street
1
Prince William - King
2
20
Canterbury Street
1
17
Canterbury Street
1
Canterbury - Princess
1
Canterbury - Duke
1
Canterbury - SJHS
1
Germain - Duke
1
Germain - Grannan Ln
1
1
Germain - Brunswick Sq.
1
1
Carmarthen - Princess
1
Carmarthen - Mecklenburg
1
Carmarthen - Britain
1
Wentworth -Broad
1
Wentworth - Queen
1
66
Orange Street
1
Wentworth - Leinster
1
81
Wentworth
1
Pitt - King St E
1
Pitt - Mecklenburg
1
223 ISt.
James
1
117
Queen
1
Duke - SJHS
1
175
Duke
1
Princess - Carmarthen
1
103
Princess
1
Princess - Germain
1
King St E - Sydney
1
218
King St E
1
256
King St E
1
211
King St E
1
167
King St E
1
130
Princess
1
Last Updated April 1, 2015
19
SCHEDULE C (South Central)
CBD Pole Basket/ Barrel / Ashtray Inventory
88
King Street
1
Done
71
King (National Bank)
1
58
King (Tim Horton's)
1
King - Germain
2
2
28
King Street - Subway
1
King - Canterbury
1
2
King - Chipman Hill
1
Chipman Hill - City Hall
1
King - City Hall
1
1
TOTAL POLE BASKETS 90 South Central only
TOTAL BARRELS 20 South Central Only
Civic
Street
OA
Done
Rainbow Park
2
Bus Stop King Sq. /Charlotte
2
Queen Square
2
Bus Stop King & Charlotte
1
Bus Stop City Hall
1
City Market/ Charlotte
1
Tim Horton's King St
1
O'Leary's Princess St
1
49 Canterbury St
1
OUTDOOR ASHTRAYS 12
This colour represesnts missing
36/90
Last Updated April 1, 2015
20
REPORT TO COMMON COUNCIL
M &C2015 -122
June 16, 2015
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Contract No. 2015 -10: — Lower Cove Loop — Sewer Renewal
BACKGROUND
�t
The City of Saint John
The approved 2014 Water & Sewerage Utility Fund and General Fund Capital Programs include
a project for renewal of approximately 140m of existing 1200mm diameter corrugated metal
sewer at Lower Cove Loop (parking lot near Diamond Jubilee Cruise Ship Terminal).
TENDER RESULTS
Tenders closed on June 10, 2015 with the following results:
1. Terraex Inc., Saint John, NB $1,023,133.08
2. Fairville Construction Ltd., Saint John, NB $1,987,249.92
3. Galbraith Construction Ltd., Saint John, NB $2,050,981.64
The Engineer's estimate for the work was $1,207,800.50.
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal.
Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform
the work, and recommend acceptance of their tender. Construction is expected to begin in July
2015 and continue until the first of September 2015.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2014 Water & Sewerage Utility Fund
Capital Program and the 2014 General Fund Capital Program. Assuming award of the Contract
21
M & C 2015 -xxx
June 16, 2015
Page 2
to the low tenderer, an analysis has been completed which includes the estimated amount of
work that will be performed by the Contractor and others.
The analysis is as follows:
Budget $1,217,000
Project net cost $1,010,500
Variance (Surplus) $ 206,500
POLICY — TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's policy
for the tendering of construction contracts, the City's General Specifications and the specific
project specifications.
RECOMMENDATION
It is recommended that Contract No. 2015 -10: — Lower Cove Loop — Sewer Renewal be awarded
to the low Tenderer, Terraex Inc., at the tendered price of $1,023,133.08 (including HST) as
calculated based upon estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Respectfully submitted,
Susan Steven - Power, P.Eng.
Municipal Engineer
Wm. Edwards, P. Eng.
Commissioner
Transportation and Environment
22
Brian Keenan, P. Eng.
Engineering Manager
trick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
June 16, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
City of Saint John
SUBJECT: Lease Renewal with Province for Fort Latour Site — Harbour
Passage
BACKGROUND:
Common Council at its September 2, 2003, resolved:
"The City of Saint John enter into a lease agreement for a 1,192 square
metre portion of PID Number 426106 with Her Majesty The Queen in Right of
the Province of New Brunswick for the purpose of constructing, operating, and
maintaining a multi -use public trail (Harbour Passage), subject to the terms and
conditions contained in the submitted lease, and the Mayor and Common Clerk be
authorized to sign all necessary documents and plans in relation to this
acquisition."
Phase One of this project encompassed lands from York Point, around the
Harbour, to and along Chesley Drive crossing lands of five key land holders; The
Saint John Port Corporation, The Saint John Harbour Bridge Authority, NB
Southern Railway, the Provincial ( LaTour Site) and Federal Governments (DND).
The Province entered into a 10 year lease dated October 2, 2003, with a 10 year
option to renew, to use an area of approximately 1,192 + /- sq. m (now identified as
being PID No. 55165153), subject to standard terms and conditions including but
not limited to release and indemnity and insurance clauses. The initial term has
since expired and the City is being asked whether it wishes to continue with
another 10 -year term. As the City continues to use Harbour Passage, an extension
of the Lease is in order.
The specific area being leased by the City is illustrated on an attached map, which
clearly shows the trail system running through the 1,192 square metre portion of
land. Saint John Waterfront has confirmed they wish to continue to utilize this
area as part of Harbour Passage.
If Council is in agreement, the following recommendation will renew the 2003
Lease for an additional 10 -year period, commencing from February 1, 2013 to
January 31, 2023, subject to the same terms and conditions as per the 2003 Lease.
23
Harbour Passage Lease -2-
June 16, 2015
RECOMMENDATIONS
That the City renew the lease with The Province of New Brunswick dated
October 2, 2003 for a further 10 -year term commencing on February 1,
2013, and
2. That the Mayor and Common Clerk be authorized to execute the necessary
documents.
Respectfully submitted,
rtis Langille, BA Brian Irving,
Real Estate Officer Manager Rea
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Gregory J. Y mans, CPA, CGA, MBA
Commissioner
Finance and Administrative Services
Attachment
24
a 'ck Woods, CGA
City Manager
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REPORT TO COMMON COUNCIL
M &C- 2015 -109
June 16, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Acquisition of Easement for Municipal Services - Through
Portion of PID Number 55054522 off Loch Lomond Road
BACKGROUND
City of Saint John
As part of the City's Safe Clean Drinking Water Program (SCDWP), there are a
few properties in which staff has been directed to acquire easements for municipal
services, of which this property is one.
The subject property is a large, undeveloped parcel of land off Loch Lomond
Road in East Saint John. The City currently has four municipal pipes running
through this property parallel to Loch Lomond Road, of which some date back to
the late 1800's. As part of the SCDWP, the successful proponent will be
responsible for conducting work in and through one or more of these pipe lines.
The adjoining properties are subject to an easement for infrastructure in favour of
the City of Saint John dating from 1874; however the subject property is nol City
staff was advised that it would be prudent to acquire the easement even though
prescriptive rights may have been acquired by the City. Acquisition of an
easement will remove any uncertainty concerning the City's rights in respect of
the existing and future infrastructure.
The area of the proposed easement is 3,085 sqm (3/4 acre) and measures 15 in (50
ft) into the subject property from Loch Lomond Road. The owners of the
property are not interested in financial benefit for this easement, but rather wish to
have access to their property that is constructed to the City's specifications so as
to protect the City's infrastructure located in the ground. City staff is agreeable
and include terms and conditions contained in the attached Agreement of
Purchase and Sale, to ensure that two driveways to the subject property are
constructed on or before August 31, 2016.
27
M &C- 2015 -109 -2-
June 16, 2015
The following recommendation will formalize the property rights desired by the
City for the infrastructure.
RECOMMENDATIONS
1. That The City of Saint John acquire from Olsens Meat & Produce Ltd., an
Easement for Municipal Services in and through the lands bearing PID #
55054522 for $1.00 (+ HST if applicable) upon the terms and conditions
contained in the Agreement of Purchase and Sale attached to M &C 2015 -
109; and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
Respectfully submitted,
is L ille, B
Real Estate Of er
Gregory Yeomans, CPA, CGA, MBA
Commissioner
Finance and Administrative Services
Attachments
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Manager
a 'ck Woods, CGA
City Manager
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AGREEMENT OF PURCHASE AND SALE
The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser an
easement and rights for municipal services in a portion of the Vendor's land bearing PID #55054522, as
hereinafter set out upon the following terms and conditions:
Vendor: Olsens Meat & Produce Ltd.
391 Lancaster Avenue
Saint John, NB
E2M 21_3
Purchaser: THE CITY OF SAINT JOHN
P.O. Box 1971
15 Market Square
Saint John, NB, E21_41_1
Attention: Common Clerk
Premises: That lot, piece and parcel of land designated "Easement 3.085 mZ" shown on a Plan of
Survey entitled "Plan of Survey Showing Easement for Municipal Services from Olsens
Meat & Produce Ltd. Property, Loch Lomond Road, City of Saint John, Saint John County,
New Brunswick" surveyed by David V. Parkhill, New Brunswick Land Surveyor #362
dated Apr. 30, 2015, being Dwg. No. S15051A, Hughes Surveys & Consultants Inc.,
hereinafter "the Lands ".
Purchase Price: $1.00 and other good and valuable consideration hereinafter set forth in clause 1b.
Closing Date: July 31, 2015.
1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and
expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the
Lands with machinery, materials, vehicles and equipment and to construct, alter, maintain,
inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any
like municipal works including all related works appurtenant thereto, promptly restoring as far
as is practical the surface of the Lands to the same condition as it was prior to the
commencement of the work or excavation, provided:
a. that the Vendor, by its officers, directors, servants, agents, contractors, workers,
invitees and its successors and assigns shall not, at any time, enter on, over, across, or
along the Lands with vehicles, machinery, materials and /or equipment until the
Purchaser, at its cost, has designed and constructed to the satisfaction of the Chief City
Engineer, two (2) driveways over and upon the Lands: save and except access to Allan
Olsen by a half -ton truck for the purpose of removing by non - mechanical method top
soil for his own use and to OUTFRONT Media by mid to full size pick -up truck or
Economy line Van for the purpose of posting and maintaining the billboards situate on
1
30 � ��
Agreement of Purchase and Sale
Olsens Meat & Produce Ltd. and The City of Saint John
lands designated PID #55054522. The centerline of said driveways being shown on the
hereinbefore referenced Plan of Survey Dwg. No. S15051A and further,
b. that, once constructed, neither of the said driveways shall be moved, altered
repaired or replaced without the prior written approval of the Chief City Engineer and to
the extent that either or both driveways may be moved, altered, repaired or replaced
upon completion of such moving, altering, repairing or replacing such shall not be used
until the Vendor shall provide to the Purchaser, at the expense of the Vendor,
confirmation by a qualified Professional Engineer that the moving, altering, repairing or
replacing has been in accordance with said approved plans,
together with the right by action or otherwise at any time to enjoin the Vendor, including the
heirs, executors, administrators, successors and assigns of such Vendor from erecting or locating
on the Lands any building, structure or other obstacle which could impair the free and full use of
the easement or permitting the erection or location thereon of any such building, structure or
other obstacle, and further, the right by action or otherwise at any time to enjoin the Vendor,
including any and all of its successors and assigns from exercising access over upon on or
through the Lands except on the driveways described in clause 1b. hereof or such driveway as
substituted pursuant to clause lb.
2. (i) The Purchaser shall, at its cost prepare a Plan of Survey effect the conveyance herein
contemplated; and
(ii) The Purchaser shall contribute up to $500.00 plus H.S.T. (if applicable) for legal fees incurred
by the Vendor to finalize this conveyance; and
(iii) The Purchaser shall pay for all administration (including appraisal) fees required by a
mortgagee(s) (if applicable) to postpone any mortgage(s), and
(iv) The Purchaser shall pay for registration and filing fees at SNB for the Plan of Survey, Grant of
Easement and any Postponement.
3. The work contemplated in clause 1 hereinbefore to be performed by the Purchaser shall be full
performed by August 31, 2016 notwithstanding the conveyance of the Easement by the Vendor to the
Purchaser on or before July 31, 2015.
4. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on June 30, 2015 and upon
acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the
parties hereto.
5. This Agreement shall be binding upon the parties hereto, their respective heirs, executors.
administrators, successors and assigns.
31
2
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Agreement of Purchase and Sale
Olsens Meat & Produce Ltd. and The City of Saint John
IN WITNESS WHEREOF the Vendor has caused these presents to be executed this /(a day
of 2015.
Olsens Meat &Produce Ltd.
Per: Robert Leo Olsen
I have authority to bind the Company.
AND the Purchaser has caused these presents to be executed this day of 2015.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
2015
32
1. Directions are N. B, Grid azimuths derived from G.P.S. observations %
on N.B. Mon, 28160. (NAD83 CSRS HPN Values)
2. All document and plan reference refer to the Registry office for the
County of Saint John
3. Field survey completed on Apr. 28, 2015 /
4. All computations performed and coordinates shown on this plan �O~ /
ore based on New Brunswick Stereographic Double Projection and
the NAD83(CSRS) Ellipsoid as realized by Service New Brunswick
High Precision Network coordinate survey monuments.
n Z'
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Dale E. Orr
0, °' Property
Doc. 14395900
Reg. 2002 -06 -17
ss.ti o \
PID 550 8593 \
648169 N B. Ltd'
� 9.0 wide Easement
Propert
for Municipal Services \
Doc. 32613276 see Plan No. 24545296
Reg. 2013— 4 -29
PID 55054522
New Brunswick Grid Co— Ordinate Values Olsens Meat & Produce
STA X Y RMKS Ltd. Property
2 2 540 052.096 7 367 253.359 CALC. PT.
7 2 539 872.142 7 367 160.772 CALC. PT. Doc. 22245857 Reg. 2006 -06 -12
8 2 540 061.492 7 367 241.050 CALC. PT.
10 2 540 054.025 7 367 254.174 rD. S.M.
43 2 539 864.643 7 367 173.885 PLAN 24545296
52 2 539 921.412 7 367 074.612 PLAN 24545296
53 2 539 894.909 7 367 120.959 PLAN 24545296
106 2 540 120.661 7 367 137.056 FD. S.M.
107 2 540 082.042 7 367 266.019 FD, S.M.
200 2 539 920.804 7 367 197.696 CALC. PT.
201 2 539 997.863 7 367 230.366 CALC. PT.
28160 2 535 354.190 7 363 188.696 N.B. MON. (HPN)
Scale Factor Applied 1.000030
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No. 202760
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Tian Of -�ey
Showing Easement for Municipal Services
from Olsens Meat & Produce Ltd. Property,
Loch Lomond Road, City of Saint John,
Sdint John County, New Brunswick.
VCertified Correct
HUGHES SU E _ -& —CONSULTANTS CONSULTANTS INC.
Surveyed by 2015
David V. Parkhill Date
New Brunswick Land Surveyor # 362
40 0 40 80 120 160
1:2000
metres
Owg. No. Disk No, Topos Disk No.
S15051A 2015 H15051
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The East Coast Music Association
(ECMA)
Since 1989, the ECMA has celebrated,
promoted, and developed the work of
musicians from the Atlantic provinces.
The ECMA today represents over 1,000
artists and showcases their work
annually at East Coast Music Week and
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Each year,
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(ECMW)
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ECMA takes East Coast Music Week to
with it scores of musicians, industry reps, and
cheering fans.
ECMW is:
-A party for music fans, bringing them up close
and personal with Atlantic Canadian stars
-A celebration for artists, giving them recognition
through the East Coast Music Awards
- A professional development
industry through the internati
opportunity for
onal industry
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ECMW 2015 Attendance
in St. John's, NIL
- 11,800 attendees
including 4000+ non - residents
- 420 performing artists
representing 200+ bands
- 320 local volunteers
- 858 music industry
professionals from Canada, the
United States, the United
Kingdom, Netherlands, Iceland,
France and Australia
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Paper Lions (PE), ECMW
2014
- Over 45,000 homes viewed
Coast Music Awards Gala
Eastlink TV
the East
live on
EAST COAST MUSIC WEEK
APRIL, 2017 -SAINT JOHN, NB
- 5 s of Music and
throughout Saint John
Industry event"
focused a
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host hotel and conference venue % A �`t.
- 40 Music events at 10+ venues
throughout the city
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ECMW 2017 Projections
in Saint John, NB
- 13,000 attendees including
4,000 non - residents
- 500 performing artists representing
200+ bands
- 300 local volunteers
- 1,000 music industry
professionals from Canada, the
United States. the United
Kingdom, Ireland
Iceland, France
and Australia
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Sherman Dovey (ECMW
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2014
EAST COAST MUSIC WEEK
Economic Impact Projections
Moncton, 2012
Halifax, 2013
Charlottetown, 2014
St. John's, 2015
Saint John, 2017
$2.1 million
$1.9 million
$3.1 million
$2.5 million
$2.1 million
non - resident impact*
non - resident impact*
non- resident
projected non-
*�
projected non-
impact�'
resident impact
resident impact
$3.1 million total
$3.9 million total
$3.9 million total
$3.3 million
$3.1 million total
estimated impact * **
estimated impact * **
estimated impact * **
total projected
*'*
projected impact * **
impact
*Results of Economic Impact Study
* *Pending final audited report
** *Unaudited estimate
Financial support
ECMA is seeking a financial contribution from the City of Saint John of
$125,000.
Operating Budget for ECMA 2015: $1.35 million
Provincial Contribution: $250,000
Federal Contribution: $200,000
Requested Municipal Contribution: $125,000
This contribution would position the City of Saint John as a high -level partner of ECMW 2017. We
are pleased to offer a comprehensive package of
benefits and entitlements at the event.
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BY -LAW NUMBER C.P. 106-10
A LAW TO AMEND THE
MUNICIPAL PLAN BY -LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Municipal Plan By -law of The
City of Saint John enacted on the 30th day
of January, A.D. 2012 is amended by:
1 Amending Schedule A — City
Structure, by redesignating a parcel of land
with an area of approximately 70 hectares,
located at 170 Ashburn Lake Road, also
identified as being PID Nos. 00305128,
00298422, 00297333 and 00298182, from
Rural Resource Area (outside of the
Primary Development Area) and
Employment Area and Urban Reserve
(within the Primary Development Area) to
Rural Resource Area (outside of the
Primary Development Area) and
Employment Area (within the Primary
Development Area) classification;
2 Amending Schedule B — Future
Land Use, by redesignating the same parcel
of land from Rural Resource (outside of the
Primary Development Area) and Heavy
Industrial and Urban Reserve (within the
Primary Development Area) to Rural
Resource (outside of the Primary
Development Area) and Heavy Industrial
(within the Primary Development Area)
classification
- all as shown on the plans attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2015
and signed by:
Mayor
ARRETE N° C.P. 106 -10
ARRETE MODIFIANT L'ARRETE
RELATIF AU PLAN MUNICIPAL
Lors d'une reunion du conseil
communal, The City of Saint John a ddicte
ce qui suit:
L'arrete concernant le plan
municipal de The City of Saint John
decrdte le 30 janvier 2012 est modifid par:
1 la modification de 1'annexe A —
Structure de la municipalite, afin de faire
passer la designation dune parcelle de
terrain dune superficie d'environ 70
hectares, situee au 170, chemin Ashburn
Lake, et portant les NID 00305128,
00298422, 00297333 et 00298182, de
secteur de ressources rurales (hors du
principal secteur de developpement) et
secteur d'emploi et secteur de reserve
urbaine (dans le principal secteur de
developpement) a secteur de ressources
rurales (hors du principal .secteur de
developpement) et secteur d'emploi (dans
le principal secteur de developpement) ;
2 la modification de 1'annexe B —
Utilisation future des sols, afin de faire
passer la designation de la parcelle de
terrain precitee de secteur de ressources
rurales (hors du principal secteur de
developpement) et secteur d'industries
lourdes et secteur de reserve urbaine (dans
le principal secteur de developpement) A
secteur de ressources rurales (hors du
principal secteur de developpement) et
secteur d'industries lourdes (dans le
principal secteur de developpement) ;
- toutes les modifications soot indiquees sur
les plans ci joints et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
prdsent arretd le 2015, avec les
signatures suivantes :
Common Clerk/Greffier communal
First Reading - June 1, 2015 Premiere lecture
Second Reading - June 1, 2015 Deuxieme lecture
Third Reading - Troisieme lecture
Fill
- le 1 juin 2015
- le 1 juin 2015
GROWTH &COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
MUNICIPAL DEVELOPMENT PLAN /PLAN D'AMENAGEMENT MUNICIPAL
Amending Schedule A
Modifiant annexe A
rF�
J�
\xf
' Rural Resource Area
secteur de ressources
rurales
i/
Employment Area
Secteur d'emploi
ch
FROM / DE iO / A
Urban Reserve
reserve urbaine
Rural Resource Area
secteur de ressources
Employment Area
rurales
Secteur d'emploi
Urban Reserve
Employment Area
reserve urbaine
Secteur d'emploi
Proposed PDA Bo undary -- - - -- limite proposee du PSD
Applicant: Debly Resources Inc.
Location: 170 chemin Ashburn Lake Road
PID(s) /NIP(s): Portions of / de 00305128, 00298422, 00297333 and /et 00298182
Considered by P.A.C. /considers par le C.C.U.:
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law # /Arrets #
Drawn By /Creee Par: Maxime Lapierre Date Drawn /Carte Creee: May 03 mai, 2015
's
oIrlIft,41m
�e
GROWTH &COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
MUNICIPAL DEVELOPMENT PLAN /PLAN D'AMENAGEMENT MUNICIPAL
Amending Schedule B
Modifiant annexe B
r
Rural Resource
ressources rurales
i
Heavy Industrial
industries lourdes
FROM /DE TO /A
zdj
j
11 �I�1
y <
Urban Reserve
reserve urbaine Rural Resource
Heavy Industrial - ressources rurales
industries lourdes
Urban Reserve Heavy Industrial
reserve urbaine industries lourdes
Proposed PDA Boundary -- -- -- limite proposee du PSD
Applicant: Debly Resources Inc.
Location: 170 chemin Ashburn Lake Road
PID(s) /NIP(s): Portions of / de 00305128, 00298422, 00297333 and /et 00298182
Considered by P.A.C. /considers par le C.C.U.:
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law # /Arrete #
Drawn By /Creee Par: Maxime Lapierre Date Drawn /Carte Crese: May 03 mai, 2015
BY -LAW NUMBER C.P. 111 -8
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The- City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area of
approximately 70 hectares, located at 170
Ashburn Lake Road, also identified as PID
numbers 00305128, 00298422, 00297333
and 00298182, from Rural (RU), Future
Development (FD), Medium Industrial
(IM) and Heavy Industrial (IH) to Pit and
Quarry (PQ) and Heavy Industrial (IH)
pursuant to a resolution adopted by
Common Council under Section 39 of the
Community Planning Act.
ARRETE No C.P. 111 -8
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrete de zonage de The City of
Saint John, decrete le quinze (15) decembre
2014, est modifie par:
1 La modification de 1'annexe A,
Carte de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 70 hectares, situee au 170,
chemin Ashburn Lake, et portant les NID
00305128, 00298422, 00297333 et
00298182, de zone rurale (RU), zone
d'amenagement futur (FD), zone
d'industrie moyenne (IM) et zone
d'industrie lourde (IH) A zone de carrieres
et de gravieres (PQ) et zone d'industrie
lourde (IH) conformement a une resolution
adoptee par le conseil municipal en vertu
de Particle 39 de la Loi sur Furbanisme.
- all as shown on the plan attached hereto - toutes les modifications sont indiquees sur
and forming part of this by -law. le plan ci joint et font partie du present
arrete.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2015
and signed by:
Mayor/Maire
18N FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2015,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading - June 1, 2015 Premiere lecture
Second Reading - June 1, 2015 Deuxieme lecture
Third Reading - Troisieme lecture
M
- le 1 juin 2015
- le 1 juin 2015
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule A of the Zoning By -Law of The City of Saint John
Modifiant Annexe A de I'Arrete de zonage de The City of Saint John
FROM / DE TO I A
RU
Rural Zone
zone rurale
FD PQ
Future Development Zone Pit & Quarry Zone
zone d'amenagement futur zone de carrieres et
IIIII de gravieres
Medium Industrial Zone
zone d'industrie moyenne
IM IH
Medium Industrial Zone Heavy Industrial Zone
zone d'industrie moyenne zone d'industrie lourde
Pursuant to a Resolution under Section 39 of the Community Planning Act
Conformement a une resolution adoptee par le conseil municipal en vertu
de I'article 39 de la Loi sur I'urbanisme
Applicant: Debly Resources Inc.
Location: 170 chemin Ashburn Lake Road
PID(s) /NIP(s): 00305128, 00298422, 00297333 and /et 00298182
Considered by P.A.C. /considers par le C.C.U.:
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law # /Arrete #
Drawn By /Creee Par: Maxime Lapierre Date Drawn /Carte Crsee: May 03 mai, 2015
Section 39 Conditions — 170 Ashburn Lake Road
That, pursuant to Section 39 of the Community Planning Act, the development and use of the
parcel of land with an area of approximately 30 hectares, located at 170 Ashburn Lake Road,
also identified as PID Number 00305128 and a portion of PID No. 00298422, shall be subject to
the following conditions:
a. That the rezoning of the subject site to Heavy Industrial (IH) be limited to the following
uses:
i. A concrete plant
ii. Asphalt plant
iii. Medium industrial use
iv. General contractor service
v. Scrap or salvage yard
vi. Service and repair, industrial
vii. The existing non - conforming quarry operation, subject to the requirements of
Section 12.4 of the Zoning By -law.
That prior to establishing a concrete plant or asphalt plant on the subject site, the
applicant must submit a site plan illustrating the location of the proposed plant, the
placement of all site equipment, landscaping, storage and buildings, subject to the
Development Officer prior to the issuance of a building permit.
C. All required site improvements on the approved site plan shall be completed within one
year of the approval of the building permit for the use.
d. That the proposed stormwater pond be constructed, as generally illustrated on the
applicant's Stormwater Plan, within one year of the rezoning of the subject site, to the
satisfaction of the City's Chief Engineer or his designate.
Wo
j wv,
June 9, 2015
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: City Owned Heritage Properties
Background:
It has recently come to my attention that none of the historical properties that the City owns come
under the umbrella of the City's own Heritage Review Board that protects such buildings from major
alterations.
Motion:
That either through the City Manager's office or the Heritage Board provide to Council a history
behind the reasoning of why /how /when the heritage buildings and properties that the City owns do
not come under the protection of our own Cities Heritage Board. I would also like an opinion of why
these City owned historic buildings /properties should or should not come under the review of the
Heritage Board.
Respectfully Submitted,
(Received via email)
Bill Farren
Councillor —Ward 1
City of Saint John
l� -
VU
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
50
j wv,
June 16, 2015
Deputy Mayor Shelley Rinehart and
Members of Common Council
Deputy Mayor and Councillors:
Subject: Economic Agency Review
Background:
As you are all aware Council commissioned Conrod Strategic Business Consulting to perform the
Saint John Economic Development Agency Review. The report has been completed, therefor I
recommend the following:
Motion:
That the City Manager schedule a presentation from Conrod Strategic Business Consulting to hear
about the Saint John Economic Development Agency Review.
Respectfully Submitted,
(received via email)
Mel Norton
Mayor
City of Saint John
l� -
VU
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1
51
June 16, 2015
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: LNG Tax Consession
Background:
The LNG tax concession has been a concern for some time. Recent media reports have raised
addition issues. We therefore request that Council adopt the following resolution:
Motion:
That in light of recent media reporting that Irving interests had secured, prior to the Legislature's
enacting the LNG Tax Concession Legislation, arrangements respecting the lease and operation of
the LNG facility which effectively guaranteed them a very substantial annual revenue, that the City
Manager be directed to examine the documentation identified by the media together with any other
available relevant documentation or information for the purpose of confirming whether that was the
case and if so, whether Common Council or the Legislature had been so advised prior to the
adoption of the legislation in question.
Respectfully Submitted,
(See attached)
Gerry Lowe and Shirley McAlary
Councillors
City of Saint John
/r
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
52
RESOLVED that in light of recent media reporting that Irving interests had secured, prior to the
Legislature's enacting the LNG Tax Concession Legislation, arrangements respecting the lease and
operation of the LNG facility which effectively guaranteed them a very substantial annual revenue, that
the City Manager be directed to examine the documentation identified by the media together with any
other available relevant documentation or information for the purpose of confirming whether that was
the case and if so, whether Common Council or the Legislature had been so advised prior to the
adoption of the legislation in question.
n
53
REPORT TO COMMON COUNCIL
OPEN SESSION
June 16th, 2015
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT
:
- 2 - June 16th, 2015
conducted on May 27, 2015 and found the conditions which gave rise to the Notice to
Comply have worsened. Further distortion was noted at the connections of the rigid steel
members and additional sections of sheet metal cladding were missing.
Attached for Council's reference is the Notice to Comply and an affidavit attesting to the
building's posting. Also included are photographs of the building. The Municipalities
Act indicates that where a Notice to Comply has been issued arising from a condition
where a building has become a hazard to the safety of the public by reason of
unsoundness of structural strength the municipality may cause the building to be
demolished. As required in the Act a report from an engineer is attached, forming part of
the issued Notice to Comply, and provides the evidence to the building's unsoundness of
structural strength and resulting hazard to the safety of the public.
As is written in the Act that a municipality must commence in the proceedings of
remedial action, approval of Common Council is required prior to starting demolition
activities at this property. Cost of the demolition work is approximated at $60,000 to
$80,000 and will take about 4 -6 weeks before it is complete. Staff will seek competitive
bidding in accordance with the City's purchasing policy and the cost of the work will be
billed to the property owner. If the bill is left unpaid, an application for cost
reimbursement will be submitted to the Minister of Finance for the Province of New
Brunswick.
With respect to the question of topsoil and grass seed, the April 2013 Report to Council
regarding the pilot program advised that the program would focus on the urban core.
Where this property is located within the McAllister Industrial Park and not in a
residential neighbourhood staff recommend that this property not be subject to top soil
and grass seeding.
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint John
Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the
demolition of the building at 31 Whitebone Way, PID #55161350 and cleanup of the
premise. All work will be carried out in accordance with the applicable City purchasing
policies.
Respectfully submitted,
Katelyn Davis, EIT
Technical Services Officer
Growth and Community Development Services
55
-3-
Amy Poffenroth, P.Eng., MBA
Building Inspector & Deputy Commissioner
Growth and Community Development Services
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
Growth and Community Development Services
Patrick Woods, CGA
City Manager
56
June 16th, 2015
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Aerial View 31 Whitebone M64Saint John, New Brunswick Photo 1
PID #55161350
31 Whitebone Wagg;aint John, New Brunswick
Photo 2
PID #55161350
31 Whitebone Wad §aint John, New Brunswick
PID #55161350
Photo 3
31 Whitebone Way&int John, New Brunswick
PID #55161350 Photo 4
31 Whitebone Wa %gaint John, New Brunswick
PID #55161350
Photo 5
31 Whitebone Wa\,65aint John, New Brunswick
Photo 6
PID #55161350
31 Whitebone Way,figint John, New Brunswick Photo 7
PID #55161350
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16
31 Whitebone Way, Sairr ohn, New Brunswick
PID #551350 Photo 9
REPORT TO COMMON COUNCIL
OPEN SESSION
June 16', 2015
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT
:
- 2 - June 16'', 2015
building is known to the public to be vacant; therefore, it would be reasonable for
firefighters to enter it in the event of a fire to check for people inside. The internal
inspection revealed a large opening in the floor at ground level which is open to the crawl
space and multiple large openings through the ceiling of the ground floor. These
openings are a hazard to individuals entering the building and to emergency personnel
that may be required to enter.
The condition of the apartment building is one of neglect and deterioration. Visual
inspection revealed there is a lack of lateral support in the structure as the ell portion of
the apartment building is leaning indicating unsoundness of structural strength. There is
water damage and mould growth on the walls and ceilings of the ground floor.
Additionally, the internal inspection revealed a large crack in the wall of the ground floor.
The top floor of the building was not accessed during the internal inspection; however, a
section of the top floor ceiling had fallen off and was observed from the exterior. If left
in this condition the structure will continue to deteriorate at an accelerated rate.
For the reasons described above, a Notice to Comply was issued on March 27, 2015. On
March 30, 2015 the Notice was posted to the front entrance of the apartment building.
The Certificate of Ownership for the property lists two individuals as the registered
owners. The owners were both served with the Notice on March 31, 2015. The Notice
provided the owners with 60 days to remedy the conditions at the property. The owners
did not take any remedial action to comply with the requirements of the Saint John
Unsightly Premises and Dangerous Buildings and Structures By -law, nor did they contact
the City after being served with the Notice. During this time no appeal was formally
requested. The property is considered to be abandoned.
A compliance inspection was conducted on June 4th, 2015 which revealed that the conditions
which gave rise to the Notice to Comply have worsened. The top floor apartment door off of
the front vestibule was found to be forced open allowing access to the top floor of the
building. At the time of the compliance inspection the entire building was accessible.
Attached for Council's reference is the Notice to Comply that was issued and the
affidavits attesting to the service of the Notice on the owners as well as an affidavit
attesting to the building's posting. Also included are photographs that show the condition
of the building. The Municipalities Act indicates that where a Notice to Comply has been
issued arising from a condition where a building has become a hazard to the safety of the
public by reason of dilapidation, unsoundness of structural strength, or being vacant or
unoccupied, the municipality may cause the building to be demolished. As required in
the Act a report from an engineer is attached, forming part of the issued Notice to
Comply, and provides the evidence to the property's vacancy, dilapidation, unsoundness
of structural strength and resulting hazard to the safety of the public.
As is written in the Act that a municipality must commence in the proceedings of
remedial action, approval of Common Council is required prior to starting demolition
activities at this property. Cost of the demolition work is approximated at $10,000 to
$15,000 and will take about 4 -6 weeks before it is complete. Staff will seek competitive
bidding in accordance with the City's purchasing policy and the cost of the work will be
billed to the property owners. If the bill is left unpaid, it will be submitted to the
74
- 3 - June 16'', 2015
Province with a request for reimbursement. This property will be subject to the topsoil
and grass seed pilot program.
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint John
Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the
demolition of the building at 26 -28 Victoria Lane (PID# 55180376), in accordance with
the applicable City purchasing policies.
Respectfully submitted,
Katelyn Davis, EIT
Technical Services Officer
Growth and Community Development Services
Amy Poffenroth, P.Eng., MBA
Building Inspector & Deputy Commissioner
Growth and Community Development Services
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
Growth and Community Development Services
Patrick Woods, CGA
City Manager
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PID# 55180376
Photo 1
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26 -28 Victoria Lan&8Saint John, New Brunswick
PID# 55180376
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Photo 2
Interior vestibule door to top floor 26 -28 Victoria Lane ' SaN g hn, New Brunswick
PID# 55180376 Photo 3
Interior vestibule door to top floor 26 -28 Victoria Lane Sain 6hn New Brunswick
PID# 5516376 Photo 4
26 -28 Victoria LanEga aint John, New Brunswick
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REPORT TO COMMON COUNCIL
June 17, 201 S
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Common Council:
,rt;
The city of Saint John
SUBJECT: ServiceSJ — Customer Focused Service Policy and Implementation Strategy
PURPOSE
The purpose of this report is to present ServiceSJ — a customer service policy that is intended to
guide how we interact with our citizens and address their needs. A proposed implementation
strategy is included to support the organization and the City's agencies, boards and commissions
(ABCs) in fully embracing the direction set out in the ServiceSJ policy.
BACKGROUND
Common Council passed a resolution September 2, 2014 that directed the City Manager to draft
for approval by Council a short mission statement that clearly articulates a cultural change in
how the City delivers service in terms of ensuring responsive customer service that focuses on
providing creative or alternative solutions to requests for service where possible. This mission
statement is to be applied by all City staff and adopted by the City's ABCs.
ANALYSIS
A mission statement communicates an organization's reason for being and how it aims to serve
its key stakeholders at a fairly high level. It generally focuses on the core purpose of an
organization describing what you do, for whom and the benefit. In local government,
stakeholders extend beyond citizens to include employees, investors, community groups, other
levels of government among others. Mission statements generally provide a big - picture, action -
oriented direction on how an organization will achieve its vision for their respective
communities.
Most Canadian municipalities have a mission statement. In many cases, the mission statement is
communicated with organizational values or principles. While the mission statement outlines the
M &C — ServiceSJ — Customer Focused Service Policy and Implementation Strategy
direction, the values or principles indicate how the organization and its employees behave or
deliver service.
The City currently has a mission statement that was developed many years ago and updated in
2009 to reflect Our Saint John, the Community's vision of leading the nation as an example of a
sustainable community. The City's current mission statement is presented below. As part of the
2012 -2013 corporate strategic planning process, seven service principles were defined that will
act as the lens through which we plan, make decisions and take action in our delivery of public
service. These principles include sustainability, responsible service delivery, continuous
improvement, transparent and accountable, customer focus, healthy and supportive workplace
and partnership.
Current City of Saint John - Nhssion Statement
To serve our City with pride, to provide citizens with quality services
and to contribute to the overall economic, social and enN ironmental
well -being of Saint John.
A review of more than a dozen mission statements and organizational values in other Canadian
municipalities was completed to determine best practices. The City of Saint's current mission
statement and service principals align with how other municipalities are defining their role in the
community. The focus of these mission statements is generally on community outcomes.
Further investigation on how other municipalities address specific service needs revealed a
number of approaches, more specifically strategic plans, policy documents, or adopted corporate
standards and business practices. As a best practice, Council's resolution can be addressed with
a customer service policy inclusive of a code of conduct. Policy refers to a course of action that
describes how to reach long -term goals. The customer service policy should align with the
City's other strategic planning and policy documents, including Council's Priorities, AdvanceSJ
(the City's corporate strategic plan) and P1anSJ.
ServiceSJ Policy Development
Given that the proposed customer service policy is intended to support a cultural change in how
we interact and address service needs, it was important to engage stakeholders in this process.
While a more time consuming process, engagement is key to gaining support and commitment to
the proposed strategic direction. Engagement also facilitates an innovative approach to
developing policy while ensuring that its implementation is practical and there is a high
probability of success.
ServiceSJ, the proposed customer service policy, was developed through a series of engagement
sessions with City staff This included a working session with the senior management team
followed by a brainstorming session at a large -scale workshop that all management - professional
employees were invited to participate in. In each of these sessions, participants evaluated the
requirements set out in the context of the motion and the Council resolution. The key themes
..
M &C— ServiceSJ — Customer Focused Service Policy and Implementation Strategy
identified were City staff's willingness to help our citizens and being creative in our approach to
address their requests for service.
A smaller staff team, inclusive of employees from different levels of the organization, was then
brought together (voluntarily) to use the input from the management- professional employee
workshop to develop a customer service policy and code of conduct. A representative from the
One Stop Development Shop project team was invited to ensure alignment between the two
initiatives. ServiceSJ consists of the following policy statement:
Customer Service Policy Statement
Our pnonty is our customer. Working together we find sustainable
outcomes that add value and address the evolving needs and
expectations of the community
The policy statement is supported by a code of conduct that outlines how we are expected to
interact with our customers. Behaviours were identified and defined to support the context and
intention of the Council resolution. In order to make it easy for City staff and other stakeholders
to remember, the expected behaviors align with the word SERVICE. The proposed code of
conduct is as follows:
Customer Service Code of Conduct -
Support %ill %ngly provide timely assistance to our customers in a positive, friendly and
courteous way
Engage listen patiently to understand the situation through the eyes of our customers and
obtain feedback to better address their needs :x
Respect show sensitivity and consideration to all values and needs in interactions with
= our customers _
Vested demonstrate pride and commitment to public service by taking the initiative to
do ouz best in helping our customers
Innovate empower employees to work collaboratively to find creative v�ays to adjust
service when appropriate and continuously improve our customer service
Consistent ensure service is acce6sihle, predictable and fair while following through on our
commitments to our customers
Educate clearly communicate what customers can expect from the City and reasons for
decisions to demonstrate accountable and transparent service delix-ery
100
M &C — ServiceSJ — Customer Focused Service Policy and Implementation Strategy
The expectation is that City staff and the staff of the City's ABCs will interact with citizens in a
manner consistent with the policy and code of conduct in delivering public service. Given the
governance structure of the City with respect to the ABCs, the plan is to engage these
organizations through the implementation stage. The focus will be to support them in aligning
the proposed customer service policy and code of conduct with the strategy and principles that
guide their respective organizations.
Inv-estina in Customer Service
Changing a culture is a large -scale and lengthy undertaking. Successful change requires a
clearly articulated strategic direction and the management tools that will ensure behaviours align
with this strategy in the long -term. The proposed service policy and code of conduct provide the
strategic direction. An implementation strategy is also being proposed to support the City and its
ABCs in successfully demonstrating the customer service expectations outlined in the policy.
One of the most frequent mistakes in trying to change culture is beginning with a vision and then
failing to put in place the management tools that will cement the behavioral changes in place
(Forbes). Simply communicating the direction without a sustained effort of supporting
employees makes it difficult for them to know what is expected. Effective communication,
feedback and clearly defined processes are key components to making any type of organizational
change successfully.
Providing quality customer service requires an investment in our employees in terms of both
time and money. The cost of customer service comes in a number of areas including hiring the
right people, soft skill and relationship training, and developing customer friendly policies,
standards and processes. While creative options to reduce these costs can be implemented, it is
important to invest in the following three customer service objectives: customer service - culture
(place), employee development (people) and a coordinated customer service framework
(processes). These three objectives align with the proposed customer service policy and provide
the framework for the proposed implementation strategy (attached).
Implementation Objectives
Customer - Focused Culture: Create a customer - focused culture x
where employees respect each other and our customers through
v<orkrng together, effective communication and recognition
Employee Development: Ensure employees have the knowledge,
skills arid abilities to provide quality customer service at all levels of
the organization
Coordinated Customer Service Framework: Ensure the proper tools
and processes are in place to support employees in providing access to
City services and information in a timely, consistent and fair way _
101
M &C — ServiceSJ — Customer Focused Service Policy and Implementation Strategy
The return on this investment in customer sere ice can be gained in a number of financial and
intangible ways. Investing in customer service can help create predictable customer experiences
that build public confidence in the service being provided. This outcome helps to demonstrate
the value of citizen investment in the community and can act as a driver for growth. Customer
focused organizations tend to be employee focused which can lead to lower turnover resulting in
savings (i.e., recruitment and training).
The first step in implementing this strategy will be selecting a champion for this cultural change,
someone to provide the senior leadership and authority to communicate that this change is a
priority and that putting customers (and the employees and systems that serve them) front and
center matters. As a corporate priority this leadership is best provided by the City Manager with
a supporting team consisting of representatives from each of the service areas and key ABCs.
The team will have the responsibility of working collaboratively to implement the proposed
ServiceSJ strategy and demonstrating accountability for results by reporting back on progress.
The objective for 2015 will be to implement a manageable part of the proposed implementation
plan within the approved operating budgets. Additional resource requirements will need to be
addressed as part of the 2016 service -based budget process.
RECOMMENDATION
It is recommended that Common Council:
1. adopt ServiceSJ, the proposed customer service policy and supporting code of conduct;
2. support City staff in implementing the proposed implementation strategy required for
meaningful and successful change in the long -term; and
3. direct the City's ABCs to engage with City staff to align ServiceSJ with their strategic
directions and delivery of service.
Respectfully submitted,
Stephanie Rackley- Roach, P.Eng., PMP, MScEng
Manager, Corporate Planning
J. Patrick Woods, CGA
City Manager
102
Neil Jacobsen, MBA
Commissioner, Strategic Services
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ServiceNj
City of Saint John
Customer Focused Service Policy
and Implementation Strategy 1 2015
SAINT JOHN
103
Contents
Overview........................................................................... ..............................1
Policy....................... ............................... ....2
...................... ...............................
Codeof Conduct ................................................................ ..............................2
Implementation Strategy .................................................. ..............................3
Customer - Focused Culture ........................................ ..............................3
Employee Development ............................................ ..............................4
Coordinated Customer Service Framework .............. ..............................5
Measuring Success and Continuous Improvement ........... ..............................6
Governance....................................................................... ..............................6
Resources.......... ................... ............................... .............. ..............................7
ServiceSJ, the customer- focused service policy and implementation strategy, was
developed through an engagement process that involved many of the City's employees .
A staff team was formed (voluntarg) to take the input provided through the engagement
sessions and create the City's standard for customer service and the related strategy to
ensure long -term success in meeting these objectives The team included Jeff Cyr
(Growth & Community Development Services), Tim O'Reilly (Transportation &
Environment Services), Kendall Mason (Saint John Water) Anne Drew (Finance &
Administrative Services), Peter Morgan (Strategic- Services— Human Resources), Nancy
Moar (Strategic Services — Communications), Evelyn Hatfield (Strategic Services —
Corporate Planning) , Nevin Beckwith (Strategic Services — Corporate Plammmg) and
Stephanie RaclJey -Roach (Strategic Services — Corporate Planning) -
104 City of Saint John • ServiceSJ 12015
Overview
Citizens expect timely access to information and response to requests for
service. The City is committed to fostering a citizen focused culture where we
understand who our customers are (both external and internal), listen to
service expectations, and use this knowledge to make informed decisions
related to service delivery that is in the best interest of the entire community.
r Citizens should expect timely, consistent and courteous responses to their
services!... requests for service (AdvanceSJ— Responsive Customer Service).
customer - focused
service delivery ServiceSJ is the customer service policy that outlines how the City of Saint John
will enhance the service experience. The focus will be on placing the customer
at the centre of service delivery — not just at the front line, but at all levels of
the organization. Aligned with AdvanceSJ, the City's corporate strategic plan,
the policy is designed to ensure timely, consistent, and courteous responses to
our citizens. In an effort to demonstrate the value of public service, the focus
will be on proactively engaging our customers to ensure their interests and
needs are addressed.
Working collaboratively to find innovative and sustainable outcomes to
delivering service is a core aspect of the policy. This requires us to work across
organizational boundaries with the common purpose of providing citizen -
focused service delivery.
ServiceSJ presents a policy statement and code of conduct that is intended to
guide our service delivery efforts and the way in which we interact with our
customers and co- workers. It also identifies objectives and actions required to
enhance our current provision of customer service. The implementation
strategy is focused on building a customer - focused organization that is aware
and responsive to changing community needs and expectations. The strategy
outlines performance management, governance and resource considerations
to support successful implementation of ServiceSJ.
ServiceSJ aligns our customer service commitment with our Community vision,
Council's Priorities, and service principles. As a result, ServiceSJ becomes the
customer service standard for the City of Saint John.
105 City of Saint John • ServiceSJ 1 2015
Policy
Our priority is our customer. Working together we find sustainable outcomes
that add value and address the evolving needs and expectations of the
community.
Definitions
• Customer. anyone who conies into contact with us including residents, businesses,
comminirty organizations, visitors, 9:ax /ratepayers, elected officials other Ir—els of
got-ernment. and City employees to ensure effective and efficient service deliver;
• Sustainable: service delivery that is consistent with adopted priorities and policies,
available resources, and authority of the City of Saint John
• Outcome. satisfaction with the customer Experience from start to finish
Code of Conduct
Consistent ensure service is accessible, predictable and fair while following
through on our commitments to our customers
Educate clearly communicate what customers can expect from the City
and reasons for decisions to demonstrate accountable and
transparent service delivery
106 City of Saint John • ServiceSJ 1 2015 2
In addition to the service principles outlined in AdvanceSJ, customer service
aw4-o.
S�
will be guided by the ServiceSJ code of conduct (below). The Code of Conduct
outlines how we are expected to interact with our customers.
Service Principles
Sustainability
Support
willingly provide timely assistance to our customers in a positive,
Responsible service
•7
friendly and courteous way
delivery
Continuous
Engage
listen patiently to understand the situation through the eyes of
improvement
our customers and obtain feedback to better address their
Transparent and
needs
accountable
Customer focus
Respect
show sensitivity and consideration to all values and needs in
Healthy and
interactions with our customers
supportive workplace
Partnership
Vested
demonstrate pride and commitment to public service by taking
the initiative to do our best in helping our customers
Innovate
empower employees to work collaboratively to find creative
ways to adjust service when appropriate and continuously
improve our customer service
Consistent ensure service is accessible, predictable and fair while following
through on our commitments to our customers
Educate clearly communicate what customers can expect from the City
and reasons for decisions to demonstrate accountable and
transparent service delivery
106 City of Saint John • ServiceSJ 1 2015 2
Implementation Strategy
The implementation strategy outlines how the City of Saint John will put
external and internal customers at the centre of service delivery, making sure
we understand their needs in delivering timely, consistent, and courteous
customer service. The strategy describes the objectives and actions that are
required to ensure the City continuously improves to meet the needs of our
customers. The focus is on ensuring that the place we work, people and
processes are developed to support employees and the City's agencies, boards
and commissions (ABCs) in delivering service in accordance with the ServiceSJ
policy and code of conduct.
Improving the customer experience and access to service requires that service
areas and the City's ABCs work collaboratively to harness their collective
knowledge and creativity. Customer service is the responsibility of all levels in
the organization.
The primary focus for implementing ServiceSJ will be on three key objectives.
D; Customer - Focused Culture (Place we work)
Employee Development (People)
Coordinated Service Framework (Processes)
+ Customer - Focused Culture
Create a customer - focused culture where employees respect each other and
G our customers through effective communication, working together and
_ recognition
> Foster a customer- focused approach to service delivery through
leadership, mentoring, and living our service principles and code of
conduct
> Incorporate customer service policies and code of conduct expectations
into the City's orientation program for new hires
> Leverage existing programs within the organization to communicate
customer service expectations to employees
> Develop a corporate customer service recognition program that highlights
employee achievements, innovation and provision of customer service
(both internally and externally)
107 City of Saint John* ServiceSJ 2015
> Seek and use feedback from our customers in a variety of ways to support
continuous improvement
> Engage employees in a variety of ways to continuously improve service to
our customers and gain support and commitment for these improvements
> Foster an organization that supports a collaborative working environment
that allows employees to demonstrate their commitment to providing
quality customer service
Employee Development
Ensure employees have the knowledge, skills and abilities to provide quality
customer service at all levels of the organization
> Provide training opportunities to employees at all levels in the organization
that focus on customer service skills generally (e.g., soft skills) and
strategies for dealing with challenges
> Ensure that employees have the knowledge they need to effectively apply
the City's customer service policies and related standards through a variety
of innovative learning experiences
> Administer a professional development program that focuses on customer
service and continually reinforces expectations on employees
> Reinforce expectations of employees working in public service through the
City's recruitment and hiring processes
> Align customer service as a core competency for all employees in the
performance management system with adopted policies and standards
> Empower employees to be innovative and explore options in responding to
customer inquiries or requests for service
> Define customer service roles, responsibilities, and expectations and
incorporate them into the performance management system
108 City of Saint John • 5erviceSJ 1 2015 4
Coordinated Customer Service Framework
Ensure the proper tools and processes are in place to support employees in
providing access to City services and information in a timely, consistent and
fair way
> Create a governance structure for corporate customer service that clearly
outlines roles, responsibilities, and accountability (e.g., ownership) to
ensure that adopted customer service policies and standards are upheld
> Implement customer service standards across the organization that align
with adopted corporate customer service policies and related code of
conduct
> Ensure customer service processes incorporate opportunities to engage
with our customer so that appropriate feedback on the status of service
requests and rationale for decisions is shared
> Leverage corporate enabling technology and ensure it is utilized effectively
to support a corporate, integrated approach to customer service including
the implementation of a customer relationship management (CRM)
solution that supports consistent service delivery and improves operations
> Develop documentation and internal networking to create an
understanding of what each service area is responsible for in terms of
service delivery to ensure the customer gets to the right person
> Build a repository of information related to frequently asked questions and
requests for service that can be accessed by employees and the public, as
appropriate, that is easy to understand and supports consistent service
delivery
> Organize service area resources to support customer service
responsibilities with a focus on making sure that we deliver on our
commitments
r- Communicate what the community can expect in terms of service delivery
that aligns with adopted customer services policies and standards
109 City of Saint John • ServiceSl 12015
Measuring Success and Continuous Improvement
Fundamental to any effective customer service strategy are the perceptions of
the customer in terms of satisfaction with their interaction with the City,
access to service or information, and responsiveness. It is also important to
provide appropriate engagement opportunities to ensure the City understands
the evolving needs of our customers. The City will evaluate the most
appropriate and affordable methods for measuring satisfaction and engaging
with our customers. Performance results and customer feedback will support
continuous improvement of access, information, process and service delivery.
Governance
The ServiceSJ customer focused service policy and implementation strategy
will be approved and supported with sufficient resources by Common Council.
Council will take the lead in creating positive momentum for enhancing
customer service by reinforcing the policy in their actions and acknowledging
success of employees and other stakeholders. Additional responsibilities will
include:
Senior Leadership Team
> Consider and approve recommendations for changes to the policy and
strategy, ensuring it aligns with the strategic direction of the organization
> Identify (and support) staff resources to assist with the implementation
strategy
> Lead by example in supporting the cultural change outlined in the policy
and code of conduct
City Manager / Champion
> Act as the champion for implementing the policy, code of conduct and
implementation plan, representing customer service at the Senior
Leadership Team
> Promote customer service throughout the organization and with the City's
ABCs
> Receive reports on performance against the strategy and provide updates
to Common Council
110 City of Saint John • ServiceSJ 1 2015
Customer Service Team
> Support research, identification and planning of customer service
initiatives and monitor implementation of the recommendations approved
by Common Council
> Assist in gathering and communicating information from the service areas
to report on performance and progress in implementing the strategy
> Provide on -going support to improve the strategy and make
recommendations related to implementing the strategy that are applicable
to both internal and external customers
Management Team
> Manage service delivery to ensure focus is on the customer as outlined in
the policy and code of conduct
> Develop processes that align with ServiceSJ and develop key performance
indicators to measure results
Resources
As part of the work to develop and implement the strategy, resource
requirements will be reviewed on a regular basis. Resources will be identified
and communicated through the Senior Leadership Team and addressed
through the service -based budget process.
111 city of Saint John • ServiceSJ 2015 7
REPORT TO COMMON COUNCIL
M &C- 2015 -123
June 16, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Recommended Development Incentives Programs
Executive Summary
The City of Saint john
Council approved $250,000 in its 2015 capital budget for a new development
incentives program to support implementation of PlanSJ. A Committee of the Whole
Council workshop held on February 9, 2015 provided an opportunity for Council to
consider research on best practices for designing effective development incentive
programs; the report was entitled "Development Incentive Program Options ".
Council provided valuable guidance on the design of the future incentive programs
(refer to COW Council workshop session notes in Attachment one).
Common Council further directed staff to report back with a recommended policy
framework for development incentives that align with this input and directions set out
in True Growth 2.0 and PlanSJ. This guidance along with input from key economic
development stakeholders informed the development of a set of principles and
recommended a suite of incentive programs.
Seven key principles are recommended to guide design of development incentives:
• Support directions in PlanSJ and True Growth 2.0 Economic Strategy that
encourage sustainable growth through intensification of urban
neighbourhoods
• Act as a catalyst for innovative urban development that is challenging for the
market to provide
• Focus on Uptown and Central Peninsula neighbourhoods as a pilot to be
extended to other urban neighbourhoods
11 Pa c
112
M &C- 2015 -123
June 22, 2015
• Promote reinvestment in heritage resources and beautification of the core
area to improve the attractiveness of the City as a destination
• Maximize residential density and housing choice to achieve growth targets
in PlanSJ
• Foster quality development which contributes positively to the public realm
and promotes reinvestment in underutilized properties in the City's urban
neighbourhoods
• Ensure accountability, transparency with measurable results to maximize
"return on investment" for public funds while minimizing administrative costs
for delivery
A recommended suite of development incentives is presented in Table One. Five
urban focussed development incentives are recommended including options to
bolster existing programs for 2015 and the introduction of new programs for 2016.
The new programs are intended to be offered for a limited period of time (up to 3
years) to stimulate innovative urban redevelopment targeted by PlanSJ.
The Uptown and Central Peninsula neighbourhoods (as shown on Map 1) are
recommended as the focus for the piloting of these programs in recognition of the
following:
• Its function as the "regional centre" and employment and cultural hub for the
Greater Saint John area as recognized in the City's economic strategy True
Growth 2.0;
• the potential for these neighbourhoods to achieve the intensification targets
set out in PlanSJ; and
• The opportunity to create a positive investment climate to improve the
vibrancy and attractiveness of the core.
If successful, the incentive programs will help build the foundation for future
incentive programs that will extend to other growth areas of the City.
The recommended incentives package builds on successful existing programs. For
example, there is proven value with the City's existing Heritage Conservation Grant
Program which is fully utilized (projects were not fully funded in 2014) and leverages
significant private sector investment (3:1 ratio) in the City's heritage conservation
areas; key public assets that are vital to the City's quality of life and economic
success.
The recommended programs also present an opportunity for partnership with the
City's economic development agencies on the renewal efforts. For example,
Uptown Saint John administers a Fagade improvement Program which provides
cost sharing with businesses and property owners in the Business Improvement
Area to improve the quality of streetscape and building facades. Such programs
have been found to be successful tools in stimulating positive downtown
reinvestment in in other communities. By bolstering this successful program in
2015, the City could ensure maximum impacts to support property owners and
business in making meaningful investments to the exterior of buildings to enhance
the beautification of Uptown streetscapes.
21Pa<�c
113
M &C- 2015 -123
June 22, 2015
Each of the proposed new programs will target residential intensification throughout
the Central Peninsula. The increase of dwelling units in the focus area resulting from
the incentives offered will be a key metric used to analyse the success of each
program. Returning these spaces to productive use will result in positive community
outcomes, including increased residential density meeting growth targets set out in
PlanSJ, improved quality of housing stock and housing choice and developing a
more vibrant urban core.
Table One: Recommended Suite of Urban Development Incentives
Programs
Outcomes
Target Audience
Tactics
Timeframe
Resources
Heritage
Heritage conservation
- Property owners/
Reinvestment in existing
Bolstering existing grants
2015
30k
Conservation
tenants in heritage area
Heritage assets
- Uptown beautification
Commercial core
- Property owners in
Uptown Facade
- Bolstering existing grants in
Improvement
reinvestment in
BIA
partnership with UptownSJ
2015
20k
Uptown /Primary Centre
Commercial tenants
Upper Floors
Heritage reinvestment
Property owners in
- New grant program for
Heritage
Residential intensification
Trinity Royal Heritage
professional support and
2016 y
TBD
Redevelopment
area
capital improvements
Housing
Reinvestment in
- Property owners in
New grant program linked to
Rehabilitation
underutlized buildings
Central Peninsula
density /numberof units
2016 y
TBD
Residential intensification
Residential intensification
Property owners and
New grant program linked to
Housing Infill
- Reinvestment in vacant
developers
density /number of units
2016
TBD
lands
Summary of Recommendations
It is recommended that Common Council:
1. Endorse the recommended principles and suite of development
incentives in this report as a basis for the design of new urban
development incentives program for the City.
2. Direct funding in the 2015 capital budget for development incentives
as follows:
a. Increase funding for the existing Heritage Conservation Grant
Program by $30,000 to satisfy current demand levels for the
program,
b. Increase funding for the existing UptownSJ Fagade Program by
contributing up to a maximum of $20,000 in 2015 subject to
matching dollars being provided by the Uptown Saint John and
city participation in the application review process.
31P c
114
M & C — 2015 — 123 June 22, 2015
3. Direct the remaining funding in the capital budget towards the
implementation of new development incentives programs for 2016
which promote residential intensification including:
a. Upper Floor Redevelopment Incentive;
b. Housing Rehabilitation Incentive; and
c. Housing Infill Incentive.
4. Authorize staff to engage with a representative group of stakeholders
and potential users in the fall of 2015 to refine the program criteria and
requirements in preparation for the 2016 program launch.
Next Steps
Over the course of 2015, staff will engage with key stakeholders and potential users
of these programs to communicate these opportunities, gauge the uptake for these
programs, refine and develop eligibility criteria, metrics and administrative
requirements including required budgets for an impactful new suite of programs to
be delivered in 2016. Engagement with the Province will continue as part of its
Legislative Modernization initiative to advocate for best - practice legislative tools
such as tax increment financing to stimulate urban development.
There is also an opportunity through greater collaboration with the City's economic
development agencies to collectively promote renewal of the urban core. This was
an important aim of the City's True Growth 2.0 economic plan which formed a
collective of stakeholders and economic agencies facilitated by Enterprise Saint
John focussed on advancing an urban agenda. Working collaboratively on these
programs with key partners such as Enterprise Saint John, Uptown Saint John,
Saint John Waterfront and UNB's Urban Institute, will enhance the potential for
enduring and positive change in the core for the betterment of the entire region.
Background
Council approved $250,000 in its 2015 capital budget for a new development
incentives program to support implementation of PlanSJ. A Committee of the Whole
Council workshop held on February 9, 2015 provided an opportunity for Council to
consider research on best practices for designing effective development incentive
programs; the report was entitled "Development Incentive Program Options ".
Council provided valuable guidance on the design of the future incentive programs
(refer to COW Council workshop session notes in Attachment one).
Common Council further directed staff to report back to Council with a
recommended policy framework for development incentives that align with this input
and directions set out in True Growth 2.0 and PlanSJ. This guidance along with
input from key economic development stakeholders informed the development of a
set of principles and recommended a suite of incentive programs.
4 1 P a c
115
M &C- 2015 -123
Guiding Principles
June 22, 2015
Seven key principles are recommended to guide design of development incentives:
• Support directions in PlanSJ and True Growth 2.0 Economic Strategy that
encourage sustainable growth through intensification of urban
neighbourhoods
• Act as a catalyst for innovative urban development that is challenging for the
market to provide
• Focus on Uptown and Central Peninsula neighbourhoods as a pilot to be
extended to other urban core neighbourhoods
• Promote reinvestment in heritage resources and beautification of the core
area to improve the attractiveness of the City as a destination
• Maximize residential density and housing choice to achieve growth targets
in PlanSJ
• Foster quality development which contributes positively to the public realm
and promotes reinvestment in underutilized properties in the City's urban
neighbourhoods
• Ensure accountability, transparency with measurable results to maximize
"return on investment" for public funds while minimizing administrative costs
for delivery
A recommended suite of development incentives is presented in Table One in the
executive summary of this report. Five urban development incentives are
recommended including options to bolster existing programs for 2015 and the
introduction of new programs for 2016. The new programs are intended to be
offered for a limited period of time (up to 3 years) to stimulate innovative urban
redevelopment targeted by PlanSJ.
The Uptown and Central Peninsula neighbourhoods (as shown on Map 1) are
recommended as the focus for the piloting of these programs in recognition of the
following:
• Its function as the "regional centre" and employment and cultural hub for the
Greater Saint John area as recognized in the City's economic strategy True
Growth 2.0;
• the potential for these neighbourhoods to achieve the intensification targets
set out in PlanSJ; and
• The opportunity to create a positive investment climate to improve the
vibrancy and attractiveness of the core.
If successful, the incentive programs will help build the foundation for future
incentive programs that will extend to other areas of the City within the Primary
Development Area targeted for growth in PlanSJ.
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The purpose of this report is to propose a suite of development incentives that a
responsive to Council direction and aligns with the outcomes and policy directions in
PlanSJ.
Discussion
Community Outcomes
Development incentives are most effective where they are targeted to achieve
community growth outcomes as defined in a Municipal Plan and where they are
intended to stimulate innovative forms of development in a targeted area of the City
that would otherwise not occur.
The incentives proposed in this report are focused in the "Central Peninsula" area of
the City, which includes Waterloo Village, Uptown and the South End (see Map 1
attached). As new incentive programs are developed, they will be designed to
achieve the goals established by Council as well as achieving specific outcomes
that will enhance the quality of life for the broader community.
Successful incentive programs typically target areas in a city that are higher risk for
investment, represent the greatest opportunity for intensification, and generate the
greatest return on investment. If an incentive program is successful, it will be able to
capitalise on these opportunities and restore value to the properties located in the
subject area. Over time, the real estate market will assign greater value to the
properties located in the target area, resulting in private investment eventually
occurring without the requirement of an incentive program. That is, incentives
should help the market stabilise in challenged areas that have been identified as
having a high return on investment, making these neighbourhoods more desired
places to live, work, shop and play. The success of the incentive program will be
determined on its ability to encourage new growth and investment to occur
organically in the community.
The suite of incentive programs proposed in this report is designed to fulfill the
following outcomes:
1. Increased density
There is existing policy guidance provided by the City's Municipal Plan that supports
the implementation of incentive programs in the urban core area as a means of
encouraging reinvestment. Policy LU -26 states that, "(Council shall) consider
developing incentive programs that encourage design excellence, fagade
improvement and the redevelopment of upper floors in commercial buildings for
quality housing, or other appropriate uses ". The Plan also encourages housing
incentives, and promotes redevelopment in the designated intensification areas,
which includes the Uptown, South End and Waterloo Village.
A goal of PlanSJ was to target almost half of the future population growth over the
25 year period of the Plan in the Uptown Centre and surrounding urban core
neighbourhoods, with greatest potential for intensification within the Central
Peninsula neighbourhoods. Developing a suite of incentive options that increases
residential density and improves the attractiveness of this area will be a powerful
tool in advancing PlanSJ.
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A direct outcome of the incentive programs proposed in this report is to increase
residential density in the Central Peninsula. Increased density creates a more
vibrant urban core and a positive investment climate. Achieving greater urban
density also creates more opportunity for community facilities and public spaces to
experience increased usage. Focusing an incentive strategy to the urban core area
of the City leverages significant public space investments that have been approved
by Council in the past five years including investments in King's Square, Queen's
Square, Rainbow Park, Harbour Passage, Prince William Street, Waterloo Street,
among others. These investments positively contribute to the quality of life for
residents and create lasting impressions for visitors to the community.
Although the Central Peninsula has seen public investment in recent years, private
sector investment has not been as prevalent. This is not due to a lack of available
opportunity to develop in the Uptown. Indeed, there are approximately 32 hectares
of vacant land in the three neighbourhoods that comprise the Central Peninsula.
Map 2 (attached) illustrates the significant vacant and underutilized lands throughout
the subject area.
Vacant and underutilised properties, while impediments to growth and development,
can also represent latent opportunities in the community for renewed growth.
Successful development incentives can return these spaces to productive status,
helping create the conditions for the Central Peninsula to increase its population,
generate more tax revenue, and create a more vibrant urban core.
2. Reinvestment in heritage assets and underutilized building stock
A proposed incentive program should target investment in the City's world class
heritage resources. The City boasts eleven heritage districts the majority of which
are situated in the Central Peninsula. Ensuring sensitive and complementary
heritage conservation in these areas is a vital aim of the City's heritage conservation
grants program which has been in place for several decades. This program
significantly benefits the community by ensuring heritage resources are conserved
for the benefit of future generations. The City's heritage districts hold great
economic value, representing some of highest value real estate in the City and offer
a positive return on investment for the City with every dollar invested in heritage
grants by the City generating three in return.
The Trinity Royal Heritage district represents the largest and most prominent
heritage area in the City (refer to Map 3). It is seeing renewed investment; however
given the scale and commercial nature of these properties, significant resources are
required to support continued conservation efforts to ensure these properties are
rehabilitated for productive use.
Beyond the city's designated heritage resources, the Central Peninsula has a high
number of dwellings constructed prior to 1900, which lends a unique character to
the City, but also poses significant challenges related to reinvestment. The cost to
maintain an older building that is in need of repair can be prohibitive and can
sometimes results in the building being neglected. As the problems with these
structures accumulate, it becomes more likely that they will incur minimum
standards violations. If reinvestment in the property does not take place in a
reasonable amount of time, the state of the building will inevitably decline further.
Eventually it may become an uninhabitable, vacant property that will likely require
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demolition as a means to preserve the safety of the surrounding neighbourhood.
Council dedicates significant resources to the City's dangerous and vacant buildings
program, which helps create a safer environment for the entire neighbourhood;
however early intervention is needed to prevent buildings from reaching this state.
An incentive program should include an opportunity for property owners of at -risk
buildings in the subject area to reinvest in their properties to enable residential
occupancy to return them to more productive use.
3. Core area Beautification
The uptown business improvement areas are the commercial heart of the region
and a destination for residents, businesses and tourists alike. As the "showroom"
for greater Saint John it is vital that commercial storefronts are improved with quality
design to beautify and enhance Uptown streetscapes to promote a quality
pedestrian experience.
The City's Heritage program is a good example of an incentive program that has
been successful in helping preserve the aesthetic integrity of designated areas. A
commercial facade incentive program available beyond the heritage areas would
contribute to the beautification of storefronts in the Uptown core.
4. Positive Return on Investment
Investments made to develop a new building on a vacant lot, or to renovate an
existing building, have positive financial implications for the City. Collecting property
taxes is one of the only revenue sources at the disposal of a municipal government
that allows it to afford the broad range of services it provides for the local
community. Vacant lands and buildings in need of significant repair typically have
low assessment values, meaning the potential value for the property has not been
reached. Often marginal properties in the subject area incur costs to the City by
requiring frequent visits by police, fire and building inspectors. Conversely, when
new construction or renovation occurs on a lot, value is restored to the property and
the assessment typically goes up. This provides a more secure investment for the
homeowner as well as increases revenue for the City.
Focusing an incentive program to stimulate growth and development in the Central
Peninsula as envisioned by PlanSJ will result in the greatest return on investment as
this area has the highest assessed value per square metre compared to the
remainder of the City's intensification areas. The Central Peninsula includes the
Waterloo Village, Uptown and South End neighbourhoods, which together represent
45 percent the total assessed value of all intensification areas in the City (see Table
2).
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Table 2: Area vs. Assessed Value of Central Peninsula Intensification Areas
Area as a % of
Assessed value
Area
all
as % of all
(square
Intensification
Intensification
metres)
Areas
Assessed Value
Areas
South End
712,245
8%
$ 249,709,700
14%
Uptown
501,975
5%
$ 447,857,400
25%
Waterloo
Village
285,777
3%
$ 117,372,800
6%
Combined
t
Total
1,499,997
16%
$ 814,939,900
45%
As Table 2 illustrates, although the Central Peninsula has a relatively small footprint,
it has a high assessed value. This indicates that growth in this area of the City has
significant return value per square metre.
An Return on Investment (ROI analysis) is a comprehensive analysis that measures
the range of impacts that a program has on the community, which includes the
direct and indirect benefits. An ROI analysis will be conducted for at least one of the
proposed incentive programs to measure the relative impact it has had, and offer
critical data that will help determine the success of the program.
Recommended Suite of Incentives
For incentives to be effective and result in positive uptake by the local community,
consultation with key stakeholders will be required. As such, it is recommended that
any funding directed toward incenting reinvestment in the Central Peninsula for
2015 be tied to existing programs that fit within Council's established principles.
Staff are proposing a suite of five incentive programs outlined in Table One that
collectively stimulate new development in the Central Peninsula aligned with
PlanSJ, as well as encourage reinvestment in existing buildings. The proposed
incentives are designed to densify the core through investment in the assets of the
Central Peninsula, encourage heritage conservation, spur reinvestment targeting
commercial storefronts in the Uptown Business Improvement Area (BIA) and
promote the redevelopment of vacant and underutilized lands and buildings.
Taken together, reinvestment in these spaces will help spur a new era of growth for
the Uptown area. All of these investments add to the quality of life experienced by
residents of the surrounding communities and play an important role in creating
positive incentives for choosing the Uptown area as a place to live.
The following suite of five incentive programs is recommended for approval:
1. Increase the existing heritage conservation grant budget from $90,000
to $120,000 (2015)
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The Heritage program has been successful in incenting property owners of heritage
dwellings to reinvest in their properties. This program has positively impacted
numerous properties over the past three decades, and is a primary reason the
unique character of Saint John has been preserved over the years. The program
has been shown to have a three to one return on investment value; meaning that
every dollar granted to heritage dwellings triggers three times that of private sector
investment. The Heritage Grant program has increased the value for homeowners in
the heritage district, while increasing the revenue stream for the City.
In 2014 the budget for heritage was $90,000, which is the same amount that was
budgeted for 2015. Last year the total value of the applications submitted for
heritage grants was exceeded the allotted budget. Therefore, utilizing a portion of
the capital funding for development incentives to boost the City's heritage program
by $30,000 to a budget of $120,000 will ensure that all projects in 2015 are funded
without having to decline any worthy applications.
2. Partner with Uptown Saint John to increase its commercial facade
improvement program budget with a funding contribution of up to
$20,000 provided matching funds are leveraged (2015)
The facade grant administered by UptownSJ helps business owners inside the BIA
invest in the facades of their buildings (see Map 3). The budgeted amount for the
grant program for 2015 is $12,500 and includes work done to signage, awnings, and
windows, among other features pertaining to the exterior of commercial buildings in
the BIA. Investment in these features creates added aesthetic value to the
surrounding community as it encourages the beautification of the streetscape and
helps animate the public realm. Attractive facade treatments encourage pedestrian
activity, creating a more vibrant and inviting retail environment. Facades are also
important investments for local businesses as branding tools as it helps promote
their presence at a street level in the Uptown area. There has been significant
interest in the program this year so City participation in the grants program has
potential to leverage additional storefront projects.
Funding for the program will be contingent upon City participation in the review
process. It is vital that the program have rigorous guidelines to ensure funded
improvements are of a quality design and appropriate for the built form of the
surrounding community. Staff are committed to working with UptownSJ to help
develop an appropriate framework that produces quality projects reflecting the high
aesthetic standards that should be expected in the Uptown area and ensures
accountability metrics for public expenditures.
3. Upper Floor Redevelopment Incentive (2016)
o Goals: heritage reinvestment, increased residential density in the
Trinity Royal heritage district (see Map 3), reoccupation of upper
floors, promote greater mixed -use development & reuse of existing
heritage building stock
An Upper Floor Redevelopment Incentive would target reinvestment in multi- storey
buildings in the Trinity Royal heritage area (see Map 3). The Trinity Royal Heritage
Conservation Area is at the heart of the Uptown, and one of the most prominent and
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M & C — 2015 — 123 June 22, 2015
highest valued heritage areas in the City. This historic neighbourhood is at the
centre of the Uptown area, and many of these buildings have upper floors that are
vacant or underutilised but could be redeveloped into quality living spaces. Due to
the high importance of this area, which includes its combined cultural, residential,
commercial and financial value, the introduction of a targeted program will benefit
the Trinity Royal neighbourhood.
A program to redevelop upper floors in the Trinity Royal Conservation Area existed
in the mid- 1990s. However, the program was unsuccessful in incenting the
redevelopment of upper floor spaces. The Upper Floors program will be looked at
again to determine if a revised version of the incentive program would have more
success in 2016. Living in the Uptown area has seen a resurgence in the past few
years, which is highlighted by the success that companies like Historica
Developments Inc. have had with redeveloping vacant upper floors into high quality
urban apartments. This suggests that an opportunity may now exist to turn more of
the vacant upper floor spaces into active living spaces. This would increase the
residential density of the subject area and help attract investment into the historic
buildings of the Uptown.
The previous Upper Floors Grant Program offered 80% of the cost to conduct a
project study for a building, up to a maximum of $35,000. After the study was
conducted, the grant program offered 50% of a project grant toward the
redevelopment of the upper floors, up to a maximum of $10,000. A review of this
program will include revisiting the proposed percentages as well as the maximum
amount of grant money offered per project and other options such as rebate of
building permit fees.
Longer term, alternative tools such as the potential of tax increment financing should
be explored. Council has previously advocated the use of tax increment financing
incentive tool which works to freeze tax assessment at pre - development levels and
forgoes future tax assessment increases for a period of time, enabling return on
investment for the property owner during the start -up phase of the project. Although
this tool is not currently enabled by Provincial legislation, engagement with
Provincial representatives will continue through the Provincial Legislative
modernization program to advocate for such reforms.
Engaging with developers and property owners will be critical in determining the
right policy going forward. Research for the program will need to include developing
a good understanding of the potential inventory of vacant upper floors, as well as
the costs involved in redeveloping these spaces, including any potential challenges.
4. Housing Rehabilitation Incentive (2016)
a. Goals: Preserve existing building stock, maintain or increase number
of dwelling units, enhance safety and quality of life, improved housing
choices
Another incentive proposed for 2016 (and future years) is a "Housing Rehabilitation
Incentive ". This incentive will explore the option of incenting reinvestment and
occupancy of existing dwellings that have become vacant for a variety of reasons,
including life safety issues.
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M & C — 2015 — 123 June 22, 2015
The Housing Rehabilitation Incentive will target buildings that are vacant for a
predetermined amount of time to promote reinvestment and occupancy of these
dwellings for residential use. If an incentive program can spur reinvestment in these
buildings before their state declines any further, it could save these structures from
eventually being demolished. If this incentive program is effective, it will succeed in
retaining some of the more challenged structures within the existing housing stock
of the Central Peninsula.
A successful Housing Rehabilitation Incentive would enhance the safety of the
Central Peninsula neighbourhoods, while preserving existing buildings and
increasing residential density. This incentive program works in tandem with the
Building Inspections "Dangerous and Vacant Buildings" program by taking a
proactive approach to enabling property owners to conduct critical work to their
buildings. The Housing Rehabilitation Incentive would enable early intervention to
prevent building from being candidates for the Dangerous and Vacant Buildings
program. The long -term goal of the program would be to reduce or eliminate the
number of dangerous and vacant buildings coming online each year.
The option of tying the incentive program to the number of proposed units in the
building will be explored as this would help achieve the stated goal of increasing
residential density. Criteria for this incentive will also explore the option of linking
any funding to demonstrated feasibility of restoring the building.
5. Housing Infill (2016)
a. Goals: increased density, create infill development, increase tax
base, improve housing choices and quality of life
This incentive program will target vacant and underutilized lands in the Central
Peninsula, including surface level parking lots. As illustrated on Map 2, there are
significant lands in the subject area that are currently vacant or underutilized.
Approximately 32 hectares (80 acres) is currently classified as vacant, which
represents significant development opportunity.
The Central Peninsula is the core of the City where investment has the greatest
return on investment for the community. Despite this, this area of the City has not
seen significant reinvestment in recent years. Indeed, more buildings have been
demolished in the past few decades than constructed. These lands can represent a
unique opportunity for regeneration to occur. An incentive program will help mitigate
the risk of investment that exists in these areas for developers, and generate more
confidence in the ability of these neighbourhoods to capitalise on the opportunities
for future growth. This incentive would be linked to density, with funding to be
provided on the basis of the number of residential units created in order to achieve
PlanSJ goals to densify the Central Peninsula. With the proper incentives for
development, vacant lands can become the staging grounds for the next cycle of
urban investment in the Central Peninsula.
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M &C- 2015 -123
Other Considerations
June 22, 2015
Metrics and accountability measures to support new programs
The ability to implement a suite of incentives for the Central Peninsula in 2016 will
require a further research and engagement with key stakeholders including future
users of these programs. Focussed engagement with representatives including
developers, property owners, city agencies and committees will ensure the
proposed incentive programs are effective and accomplish the goals established by
Council. Part of the consideration will also be who has authority for review and
approval of program funds and how to ensure accountability and ROI for approved
funds. During 2015 baseline information will be generated including profiles of the
existing building stock in the subject area, information on vacancy in particular for
Trinity Royal Heritage District. This information will serve as the groundwork for
building the incentive programs that will be presented to Council prior to launch in
early 2016.
Collaboration with Economic agencies in the renewal of the urban core
There is also an opportunity through greater collaboration with the City's economic
development agencies to collectively promote renewal of the urban core. This was
an important aim of the City's True Growth 2.0 economic plan which formed a
collective of stakeholders and economic agencies facilitated by Enterprise Saint
John focussed on advancing an urban agenda. Working collaboratively on these
programs with key partners such as Enterprise Saint John, Uptown Saint John,
Saint John Waterfront and UNB's Urban Institute, will enhance the potential for
enduring and positive change in the core for the betterment of the entire region.
The recommended partnership with Uptown Saint John on the Fagade Improvement
program is prime example of where we focus our efforts we can maximize our
impact on the community. Saint John Waterfront Development has also indicated
that they would like to take a more pro- active role in development in the Central
Peninsula. In recent years, Waterfront Development has focused its efforts on
redeveloping the waterfront area, which remains their primary goal. However, their
mandate enables Waterfront Development to actively pursue development in the
"City's Centre District ", which could see potential for strategic development
initiatives moving forward.
Looking to 2016, there is also the opportunity to move forward with these initiatives
in the context of a future neighbourhood plan which is a powerful tool to stimulate
investment, inject urban design guidelines and a modernized heritage framework
and to coordinate public and private investment. The proposed suite of development
incentives will provide a foundation for the development of a neighbourhood plan in
the future.
FINANCIAL IMPLICATIONS
Funding in the amount of $250,000 was approved by Council in the 2015 capital
budget for the implementation of a future development incentives program aligned
with PlanSJ. The recommendations in this report support the reallocation of $50K
towards the existing grant programs for heritage conservation (30K) and Uptown
commercial Fagade improvement program (20K). The remainder of the funds
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M &C- 2015 -123
June 22, 2015
(200K) are recommended to be carried over to support the launch of three new
urban development incentive programs for 2016.
CONCLUSION
Council has approved moving forward with a new development incentive program to
encourage growth in the Uptown Central Peninsula. Staff have proposed a suite of
development incentives that can be implemented in 2015 and beyond in partnership
with economic agencies in an effort to advance PlanSJ, stimulate renewal of the
Uptown and Central Peninsula and create a positive climate for reinvestment.
The priorities for an incentive program should be scoped to the Central Peninsula
area to capitalize on the significant heritage assets, waterfront lands, and
opportunity sites for intensification. Further, the program should be focussed on a
short term timeframe to support timely reinvestment and encourage quality
development that supports PlanSJ.
RECOMMENDATION
It is recommended that Common Council:
141
1. Endorse the recommended principles and suite of development
incentives in this report as a basis for the design of new urban
development incentives program for the City.
2. Direct funding in the 2015 capital budget for development incentives
as follows:
a. Increase funding for the existing Heritage Conservation Grant
Program by $30,000 to satisfy current demand levels for the
program,
b. Increase funding for the existing UptownSJ Facade Program by
contributing up to a maximum of $20,000 in 2015 subject to
matching dollars being provided by the Uptown Saint John and
City participation in the application review process.
3. Direct the remaining funding in the capital budget towards the
implementation of new development incentives programs for 2016
which promote residential intensification including:
a. Upper Floor Redevelopment Incentive;
b. Housing Rehabilitation Incentive; and
c. Housing Infill Incentive.
4. Authorize staff to engage with a representative group of stakeholders
and potential users in the fall of 2015 to refine the program criteria and
requirements in preparation for the 2016 program launch.
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M &C- 2015 -123
Respectfully submitted,
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner,
Growth & Community Development Services
Stacey Forfar, MBA, MCIP, RPP
Deputy Commissioner
Growth & Community Development Services
Jody Kliffer, MCIP, RPP
Planner
Growth & Community Development Services
J. Patrick Woods, CGA
City Manager
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126
June 22, 2015
M &C- 2015 -123
Attachments
June 22, 2015
Appendix 1: Summary Notes of Feedback received during COW Council Workshop
on Development Incentives (February 9, 2015)
Map 1: Central Pennisula
Map 2: Vacant and Underutilized Land
Map 3: BIA and Heritage Conservation Areas
1611'1 c
127
Appendix 1
Summary Notes of Feedback received during COW Council Workshop on
Development Incentives (February 9, 2015)
Question one — What is your vision for supporting development?
• Recognize what we are already doing as positive (support to one -stop
development shop, heritage grants), need to look at bolstering past
successful programs
• Support to introduce a new program, needs to be carefully thought out to
ensure proper outcomes and timing needs to be right
• The Primary Development Area should be used to determine eligibility, with
opportunity for tiered support to promote a strong urban focus
• Need to look at creative options beyond grants — using city lands & services
to incent development (parking lots, and servicing connections), tax
increment financing, etc.
Question two — What are key community outcomes to be targeted?
• Overall needs to focus on the renewal of the core of the City to improve
attractiveness for investment
• Urban focused outcomes, heritage and waterfront are key assets
• Invest in the core and expand outwards to other area
• Linked to density and growing our population base
• Focus on improving quality of development, infilling vacant lots, new activity
in vacant buildings and upper floors.
• Support poverty reduction efforts, promote affordable and mixed use
neighbourhoods
• Also needs to be complemented with public investment /community
partnerships to make it a people city, recreation, harbor passage
Question three — What specific areas should benefit from these programs?
• Uptown and waterfront a key focus, needs to be areas that give the best
bang for the buck
• Start Uptown and move out to other areas (e.g. North end, Fairville)
Question four — What are your thoughts about the implementation of a
program?
• Needs to be focused and phased approach
• Want to create momentum, move quickly and do what we can in 2015 but
also needs to be well thought out, perhaps with a more ambitious plan to roll
out for next year
• Should be some testing with the market to ensure we are on track (pilot
programs)
• Should be limited engagement with key stakeholders before we launch
• Ensure return on investment and timely payback for the City - use it or lose
128
• Support for programs funded through revenue which have least impact to the
taxpayer, however, be careful to not undermine our costs for delivering
6Y:3EHIM -1�
• Report back from staff with recommended options for phased program
delivery
129
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ptown
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Recommendations
I. Endorse principles and suite of development incentives
2. Direct funding in the 2015 capital budget:
a) Increase Heritage Grant Program by $30,000,
b) Increase funding for the UptownSJ Facade by $20,000
3. Create new programs for 2016:
a) Upper Floor Redevelopment Incentive;
b) Housing Rehabilitation Incentive; and
c) Housing Infill Incentive.
4. Engage with representative stakeholders on program design
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REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2015 -120
June 16, 2015
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT
:
M & C 2015- 120 - 2 - June 16, 2015
For the taxicab industry session, individual invitations were sent by mail to all 314
licensed owners and operators and all were telephoned as well. For the
public /organizations session, 31 invitations were sent by email and mail to organizations
that represent the tourism and hospitality industry, business community, priority
neighbourhoods, University and various community groups. Both sessions were also
advertised on the City's website, Facebook site and Twitter.
The sessions were very well attended with 95 people attending; 69 for the morning
session, and 26 for the afternoon session. The proposed changes to the by -law were
presented with details about costs and implementation, followed by an opportunity for all
attendees to provide feedback by way of a comprehensive questionnaire. Attendees also
were able to ask questions of any of the Committee members after the formal part of the
session.
Questionnaire Results
The questionnaire was designed to get feedback on issues and concerns brought up by
Common Council at the May 11, 2015 meeting. Not all attendees completed a
questionnaire; the breakdown of who completed the questionnaire is below (question 9):
Taxicab Owner
32
Taxicab Operator
26
Hospitality Industry
4
Business Community
3
Community Group
3
Public
8
Other
2
TOTAL
78
The questionnaire is attached as Schedule "A ". A summary of all questionnaire results is
attached as Schedule `B" and is discussed below.
General (Questions I and 2)
Overall, participants indicated that the proposed by -law addresses issues concerning
reasonable taxi fares, unfair fares, knowledge of landmarks and points of interest,
thorough background checks and taxis in poor condition. There were mixed views on
whether the by -law addresses the issue of too many taxis in the industry.
Results show that the proposed by -law meets the public safety objective (64% said yes),
but views on the fair and reasonable rates objective were mixed (45% said yes, 55% said
no).
139
M & C 2015- 120 - 3 - June 16, 2015
Rates (Question 3)
62.5 percent of respondents (45 total) did not agree with the proposed metered rates.
When those who responded "no" were asked if they felt the fares should be higher or
lower, only 23 of the 45 responded and the majority (61 %) felt that the fares should be
higher than what was presented.
Vehicle Age and Transition (Questions 4 and 5)
71 percent of respondents (55 total) indicated they were not satisfied with the vehicle age
maximum of seven years. When those who answered no were asked if they felt the age
should be decreased or increased, only 40 of 55 responded and the answers were almost
equal — 47.5 percent want the age decreased (lower than seven years), and 52.5 percent
want the age increased (higher than seven years).
The majority of respondents (74 %) did not agree with the one year transition period and a
gradual implementation was the most popular option (69 %).
Insurance Coverage (Question 6)
When asked about satisfaction with the increased insurance requirement from $1,000,000
coverage to $2,000,000, a slight majority said they were not satisfied (59 %) and of those
who responded to the follow -up question, all indicated that they want the insurance
coverage to remain the same as the current by -law ($1,000,000). This, of course, would
not prevent drivers from obtaining additional insurance if desired.
Administration and Enforcement (Question 7)
When asked if respondents were satisfied with the current level of administration and
enforcement of the Taxicab By -law, the responses were mixed, with 22 percent selecting
"yes ", 31 percent selecting "somewhat" and 47 percent selecting "no ". There was an
opportunity for comments with this question (attached as Schedule "C "); many provided
comments that there is a desire for a fulltime Taxicab Inspector to administer and enforce
the by -law. The Review Committee would like to bring this issue to Council's attention,
as concerns have been raised over the past number of years that the Taxicab program is
under - resourced, resulting in an unsatisfactory level of enforcement of the by -law
standards. The Taxicab Inspector is not a fulltime position, but there is more than enough
work to do with the program to keep an Inspector fully tasked, particularly as new
standards are put into place (meters, vehicle age, criteria for disqualification /suspension,
etc.). If, in the future, Council would like to consider providing a higher level of service
for the Taxicab By -law program, increased license and other fees could fund any
additional costs so the program is cost - neutral.
Training Topics (Question 8)
Respondents had an opportunity to indicate what training topics would benefit the taxi
industry. The results will be forwarded to the Taxicab Advisory Committee to assist
them in the task of developing the driver training curriculum. Additional suggestions by
respondents are attached as Schedule "D ".
General Comments
At the end of the questionnaire, respondents had an opportunity to provide additional
comments. All of the comments (unedited) are attached as Schedule ( "E ").
140
M & C 2015- 120 - 4 - June 16, 2015
By -law Review Committee's Consideration of Feedback
The Taxicab By -law Review Committee met on June 5, 2015 to review feedback from
the June 3rd sessions, including all results of the questionnaires and any suggestions and
ideas that were presented by attendees during the informal question period.
The metered rates attracted much discussion from the Committee, particularly as the
results were not as expected. It was anticipated, based on informal feedback in the last
month, that there was dissatisfaction with the metered rates, which was confirmed by the
questionnaire. The surprising result was that respondents want the metered rates to be
higher than proposed (61 %).
Based on this feedback and concerns that we heard in the informal discussions (on both
sides of the argument), the Review Committee recommends that the metered rates remain
as proposed in the by -law, and it further recommends that the Taxicab Advisory
Committee, over the next six months, conduct more testing with a Centrodyne meter to
further compare metered fares to zone fares, to experiment with different metered rate
structures and to conduct further research of other municipalities that are close in size to
Saint John. Based on this additional research, the Advisory Committee can make any
further recommendations to Council regarding the metered rates or rate structure,
preferably in advance of the May implementation of meters. If the Advisory Committee
does not make any further recommendations to Council prior to May 2016, then the rates
as proposed will be in place and will come into effect in May 2016.
With respect to the maximum vehicle age requirement, given the mixed reviews on what
the age should be (47.5% want it decreased, 52.5% want it increased), the Review
Committee recommends the maximum vehicle age remain at seven years of age. Given
the feedback on the transition period (69% want a gradual transition, 27% want a longer
transition period), the Review Committee recommends a gradual implementation of the
vehicle age as outlined below:
■ 2016 —Maximum vehicle age of 10 years
■ 2017 — Maximum vehicle age of 9 years
■ 2018 — Maximum vehicle age of 8 years
■ 2019 — Maximum vehicle age of 7 years
This gradual implementation schedule provides a four -year timeframe for the industry to
meet the vehicle age requirement and is sensitive to the economic factors raised by those
present at the information sessions from the industry.
Given the added expenses that the taxicab industry is going to experience as a result of
the new Taxicab By -law, the Review Committee is open to relaxing the requirement to
increase insurance coverage. Although higher insurance coverage better protects owners,
drivers and passengers, concerned industry members are always able to purchase more
insurance above the required $1,000,000 coverage; therefore, the Committee
141
M & C 2015- 120 - 5 - June 16, 2015
recommends that the insurance coverage requirement be reversed back to the current by-
law requirement of $1,000,000 coverage.
Although not a part of the questionnaire, the Review Committee did hear concerns about
the proposed structure of the Advisory Committee. The new by -law proposes two
additional members — a Councillor and a representative of the hospitality / business
community. The Advisory Committee would then have 6 members: 2 citizens, 1 taxicab
operator, 1 taxicab owner, 1 hospitality/business representative, and 1 Councillor. The
Taxicab Inspector is and will continue to be an ex officio member. It is recognized under
the proposed structure that the taxi industry is under - represented; therefore, the Review
Committee recommends that an additional member of the taxi industry be added to the
Advisory Committee, for a total of eight members, seven voting members. Three
members will represent users /passengers, three members will represent the taxi industry,
and the Councillor will represent the City's interests. This results in a more fair
representation of the parties involved in the City's taxicab industry.
In summary, the Taxicab By -law Review Committee makes the following further
recommendations:
• Metered rates remain as proposed; Advisory Committee to conduct further testing
and research over the next six months,
• Maximum vehicle age remain at seven years, but is gradually implemented over
the next four years,
• Insurance coverage to revert back to previous by -law requirement - $1,000,000,
and
• An additional Taxicab industry representative be added to the membership of the
Advisory Committee.
The attached Saint John Taxicab By -law has been modified to reflect the changes as
discussed in this report, if Council chooses to implement the Review Committee's
recommendations and pass third reading of the attached by -law as drafted.
RECOMMENDATION
Based on the forgoing, the Taxicab By -law Review Committee makes the following
recommendations to Common Council:
1. That Common Council give third reading to the attached Saint John Taxicab By-
law;
2. That Common Council task the Taxicab Advisory Committee with conducting
further testing and research with respect to the metered rates in the next six
months and making a recommendation to Common Council prior to May 2016 if
any changes are recommended.
142
M & C 2015- 120 - 6 - June 16, 2015
3. That Common Council, recognizing that the work of the Taxicab By -law Review
Committee is complete, dissolves such Committee.
Respectfully submitted,
Amy Poffenroth, P.Eng., MBA
Taxicab By -law Review Committee Chairperson
On behalf of the Taxicab By -law Review Committee
Patrick Woods, CGA
City Manager
Attachments:
Schedule "A"
- Questionnaire
Schedule `B"
— Summary of Questionnaire Results
Schedule "C"
— Comments regarding Question 7
Schedule "D"
— Suggestions regarding Training
Schedule "E"
— General Comments
143
SCHEDULE "A"
Taxicab By -law Information Session
Questionnaire
The City of Saint John June 3, 2015
Think about the presentation you just heard about the proposed new Saint John Taxicab By -law when
answering the following questions. Please circle your answers. There is a space for comments at the end.
Please hand in your questionnaire before you leave. We will not accept questionnaires handed in after the
session.
1. General
Does the proposed by -law address the following concerns?
a. Reasonable taxi fares
b. Unfair taxi fares
c. Too many taxicabs in the industry
d. Knowledge of landmarks and points of interests
e. Thorough background checks
f. Taxicabs in poor condition
2. Does the proposed by -law meet the following objectives?
a. Public safety
b. Fair and reasonable rates
Yes
Somewhat
No
Yes
Somewhat
No
Yes
Somewhat
No
Yes
Somewhat
No
Yes
Somewhat
No
Yes
Somewhat
No
Yes No
Yes No
3. Rates
Do you agree with the proposed metered rates as outlined in the presentation?
Yes No
If No, do you feel fares should be? Higher Lower
4. Vehicle Age
Are you satisfied with the proposed vehicle age maximum as outlined in the proposed by -law?
Yes No
If no, do you feel the age should be: Decreased Increased
5. Do you agree with the 1 year transition period for the vehicle age requirement?
Yes No
If no, would you prefer? (circle your answer)
a. Shorter transition period (less than 1 year)
b. Longer transition period (2 - 3 years)
c. Gradual transition period
6. Insurance
Are you satisfied with the insurance coverage requirements ($2,000,000)?
Yes No
If no, would you prefer:
a. Leave it the same as current by -law ($1,000,000)
b. Increase higher (more than $2,000,000)
144
7. Administration and/ Enforcement
Are you satisfied with the current level of administration and enforcement of the Taxicab By -law?
Yes Somewhat No
If your answer to the above question is somewhat or no, what do you suggest to improve the level of
administration and enforcement?
8. Training
Select all training topics that would be beneficial for the taxi industry in Saint John.
a. Language skills
b. Disability awareness
c. Defensive driving
d. Customer service
e. Hospitality / tourism / landmarks
f. By -law awareness
g. Other?
9.
Participant Information
Please circle the category that best describes you:
a. Taxicab Owner
b. Taxicab Operator
c. Member /representative of Hospitality Industry
d. Member /representative of Business Community
e. Member /representative of Community Group
f. Member of the public
g. Other
Name (optional)
10. Comments:
Thank you for your feedback!
145
SCHEDULE "B"
146
M
RESULTS OF TAXICAB BY -LAW INFORMATION
L
y
Gi
SESSION QUESTIONNAIRE
o
M
qJ
,rte+
s
m
0
2
a
o
0
0
o
Question 1- Does the proposed by -law address the following concerns:
(a) Reasonable Taxi fares
Yes
14
10
3
2
1
3
0
33
45
Somewhat
8
5
0
1
1
2
0
17
23
No
9
8
1
0
1
3
2
24
32
(b) Unfair Taxi fares
Yes
17
10
2
1
2
3
0
35
49
Somewhat
4
8
0
1
1
2
0
16
23
No
8
5
2
0
0
3
2
20
28
( c) Too many taxicabs in the industry
Yes
9
10
1
1
2
1
1
25
36
Somewhat
5
3
1
1
0
3
0
13
19
No
15
9
2
1
0
3
1
31
45
(d) Knowledge of landmarks and points of interest
Yes
15
11
0
2
3
4
1
36
54
Somewhat
4
3
3
1
0
3
0
14
21
No
7
7
1
0
0
1
1
17
25
( e) Thorough background checks
Yes
21
16
2
2
3
5
0
49
68
Somewhat
4
2
1
1
0
0
1
9
13
No
4
5
1
0
0
3
1
14
19
(f) Taxicabs in poor condition
Yes
13
8
1
2
3
5
0
32
44
Somewhat
7
8
2
1
0
0
1
19
26
No
9
7
2
0
0
3
1
22
30
Question 2 - Does the proposed by -law meet the following objectives?
(a) Public Safety
Yes
20
13
1
2
3
5
0
44
64
No
10
8
2
0
0
3
2
25
36
(b) Fair and Reasonable Rates
Yes
11
8
3
2
2
4
0
30
45
No
16
14
0
0
1
4
2
37
55
Question 3 - Do you agree with the proposed metered rates as outlined in
the presentation?
Yes
9
9
3
3
0
3
0
27
37.5
No
21
14
1
0
3
4
2
45
62.5
If No, do you feel fares should be:
Higher
9
2
0
0
0
3
0
14
61
Lower
4
2
0
0
3
0
0
9
39
Question 4 - Are you satisfied with the vehicle age maximum as outlined in
the proposed by -law?
Yes
3
7
2
3
3
4
0
22
29
No
29
18
2
0
0
4
2
55
71
If No, do you feel the age should be:
Decreased
12
5
1
0
0
0
1
19
47.5
Increased
7
9
0
0
0
4
1
21
52.5
146
147
RESULTS OF TAXICAB BY -LAW INFORMATION
a
N
SESSION QUESTIONNAIRE
o
o
m
E
0=
u
o
0
0
Question 5 - Do you agree with the 1 year transition period for the vehicle
age requirement?
Yes
4
6
2
3
1
4
0
20
26
No
28
20
2
0
1
4
2
57
74
If No, would you prefer (circle your answer)
(a) Shorter transition period (less than 1 year)
1
1
0
0
0
0
0
2
4
(b) Longer transition period (2 -3 years)
5
5
0
0
0
3
0
13
27
( c) Gradual transition period
19
9
1
0
1
1
2
33
69
Question 6 - Are you satisfied with the insurance coverage requirements
($2,000,000)?
Yes
8
11
3
3
2
4
0
31
41
No
24
14
1
0
1
3
2
45
59
If No, would you prefer:
(a) Leave it the same as current by -law ($1,000,000)
21
11
0
0
0
3
2
37
100
(b) Increase higher (more than $2,000,000)
0
0
0
0
0
0
0
0
0
Question 7 - Are you satisfied with the current level of administation and
enforcement of the Taxicab By -law?
Yes
7
7
0
1
0
2
0
17
22
Somewhat
8
9
3
1
1
2
0
24
31
No
17
10
1
1
1
4
2
36
47
Question 8 - Select all training topics that would be beneficial for the taxi
industry in Saint John.
(a) Language skills
18
17
2
3
2
8
1
51
(b) Disability awareness
17
14
2
3
3
8
1
48
( c) Defensive driving
14
14
2
2
2
6
1
41
(d) Customer service
21
17
3
3
3
7
1
55
( e) Hospitality /tourism /landmarks
17
11
3
3
3
7
1
45
(f) By -law awareness
14
8
1
3
3
4
1
34
(g) Other
4
5
2
1
1
3
0
16
147
SCHEDULE "C"
QUESTION 7 - SUGGESTIONS CONCERNING ADMINISTRATION AND ENFORCEMENT
OWNERS
Full time taxi inspector.
Have a taxi inspector full time, 8 -4, 5 days a week, not when its convenient for them.
Have a full time taxi inspector.
Full time inspector.
Taxi owner to be included.
Owners, operators should.
Age of vehicle major concern.
Taxi inspector must be available more then 2 hours / week.
Full time inspector.
Easy stuff - check the cars more.
We need a full time taxi inspector to deal with the industry.
The owners and operators should.
To have the newly formed taxi association involved in the process.
Taxi inspector should be full time not part time so he can regulate taxis every day.
Taxi inspector around more.
OPERATORS
Full time taxi inspectior, not a Police Officer.
Listen more to what we say and our customers say.
Full time taxi inspector, not necessarily a Police Officer.
Please, we need some input from the drivers and people on the roads.
D.O.T. any car in question, could be referred to D.O.T.
Too many rules presently being broken.
Greater enforcement.
Need more time.
The taxi inspector should on full time.
We need a full time taxi inspector, not a part time one.
Taxi inspector should be a singular job.
All drivers should be dressed appropriately for the public.
Use an independent garage for inspections. Make inspector a full time position so it is more accessible for
consultation with industry.
HOSPITALITY
N/A
BUSINESS
The bylaw will have no effect if enforcement resources aren't increased.
2011 -2015 - timeline to review the industry is slow.
COMMUNITY
Bylaw enforcement done by different department, not Police.
To be honest, I have limited knowledge of current system. I do not feel comfortable commenting on level of
service.
PUBLIC
Talk to seniors - we will not be able to receive our seniors discount.
There should be a full time inspector.
There should be a full time taxi enforcement and inspector through the D.O.T., not the Police Force.
OTHER
Have members of Bylaw Committee take cab, get receipt and set zone fares.
Need a full time taxi inspector.
um
SCHEDULE "D"
QUESTION 8 - OTHER IDEAS FOR TRAINING TOPICS
OWNERS
Training
owner, operator responsibility
training is company responsibility
OPERATORS
We have been driving too long to be trained. That's why we have driving (illegible).
Respect for all.
Carry a float.
Cleanliness of operator.
What about dress - clean, neat, white collar shirts.
HOSPITALITY
Dress Code
BUSINESS
General deportment, manners, communication, skills (different than language)
COMMUNITY
Awareness of people in poverty and their "need" for cabs, yet restrictions in ability to pay.
PUBLIC
Helpfulness as regards parcels, etc.
There needs to be an assessment for years to come. Something to keep the standard higher. Perhaps ghost
customers.
Need to speak fluent English.
OTHER
Training
149
SCHEDULE "E"
GENERAL COMMENTS AT END OF QUESTIONNAIRE
OWNERS
PAGE 1
*Involve the Taxi industry through the Taxi Association now.
* The S.J. Taxi Association should be involved in this process.
*Keys do not make the car run. Let the stand owners get together and agree on a zone fare increase. Have a taxi inspector full time, 8 -4, 5 days a week and not let the City shove
this down our throat. We are the ones that are going to suffer, not the City. We also need to have taxi stickers transferable instead of paying $150.00 ever time to put or replace
a car, like it was before, $15.00.
• Customers can hardly afford the current zone fares as to rise the prices, our business will suffer.
• Most complaints I get from customers are drivers using cell phones, handfree and regular, and cars smell of cigarette smoke. This Bylaw does not
• Leave at 1,000,000 liability - scrap the age limit on cars as they pass a "NB" motor vehicle inspection. The front ends on new cars fall off at same rate as older cars. Maybe pay
for more inspections (someone to do this from City).
* No meters.
• I have talked to a lot of my passengers and they do not want meters.
• If not broke, don't fix.
* Dress code, more taxi inspectors, nothing was said about dress code.
* I feel that the transition should be gradual for the age of the taxis. It will be too costly to implement everything at once. We will be out of business.
* I think all the recommendations are a move in the right direction but if not implemented properly could be devistating to the industry.
* We want control of our own business. This process is flawed.
* The taxi association should be allotted control instead of Police and taxi industry.
* Transitional in the cars that are already in business, for a smoother transition.
* Increasing the rates under these guidelines will be unacceptable. The cost of doing business cannot be increased and passed on to customers under these guidelines. We
cannot be told how to run our businesses. We need to be involved in charging for the better. OUr newly formed committee will represent the industry's interest.
* Vehicle is good at 7 years but not at first, should start at 9 or 10 years and gradually work down to the 7 year mark.
* My vehicle is in very good condition with low km. Better policing of vehicles is needed. Not in agreement of meters. I want to be represented by my association and have the
time allotted to receive legal council on our behalf before any 3rd reading.
• No need for meters but a school put in place for zones fares.
• The new taxi owners & driver committee should be involved in any decisions by the current committee. Also if a taxi passes mvi and is in good shape, age should not be a reaons
to be removed.
* Taxi industry representation.
* Stop 3rd reading until you meet with our taxi committee.
150
OPERATORS
• I feel the public was not advised of the information session.
• Driving a new car for a taxi would void the warranty with the high amount of km driven. 7 years is not old enough if there are proper inspections on cars. It
shouldn't be up to the customer or anyone, how old the car is.
• I feel the public was not notified properly, of the information session.
• The meters will help with some fares but I think the best solution thaT is fair to everyone, is to re -zone the city.
• Please, if is not broken, not touch it. The roads are bad and do not (illegible) any newer cars. 10 years will do. Thanks.
• Too long coming ! ! Move Saint John forward, not backwards or stagnant. Good luck ! !
* No to meters.
• This city needs meters but the year of the car needs to be given more time to get a newer car. We have to see how meters work first.
• I would like the council to sit with the taxi association before any changes are made.
* Taking out the older cars will mean less cabs in the city which leads to poorer service.
* Cars should be grandfathered and reduced to 7 years over a 5 year period.
* They should leave it the way the zone fares are. its not fair to seniors or students for meters to be put in cars. The meters in cabs will make it very hard for a lot
PAGE 2
of people to take a cab anywhere. Thank you !
* This proposed bylaw is being enacted too quickly with not enough notice or information given to interested parties (i.e. general public & industry). The City and some councilors
have shown disdain and hostility towards the taxi industry. Please respect the request for more time to study these proposals before implementing (3rd reading). This meeting
was designed to further an agenda with little concern for affected parties.
* For the meter - not under this present format.
HOSPITALITY
* I am impressed with the presentation however training is imperative and should and needs to be addressed sooner than May of 2016.
* I feel training for drivers is a must. We need to help them realize they are part of the hospitality industry and ambassadors of our city. Taxi cleanliness needs to be addressed as on a side in training.
BUSINESS
* Today, its too easy to get a license, too easy to move from one company to another when there is a problem, too little enforcement. Most complaints we receive are related to cleanliness and
deportment (vehicles and drivers). The proposed changes will help, if enforced. would like to see an option for zone pricing for locations (like ours) with a taxi concession agreement. Happy to
discuss further.
* Excellent presentation, definitely needed sooner than later.
COMMUNITY
*Was non - smoking addressed by drivers and passengers? Can "women only" cabs be more fully addressed? I understand they are available now?
* 1) 1 agree liability insurance should increase to 2 million dollars. Why does it now propose comprehensive, instead of liability insurance, only? 2) As a former employee in the bar industry, I'd like to
note, reducing number of taxis will have a public safety issue, after bars close. 3) The comparison spreadsheet demonstrates overall cost to customer in my neighbourhood. More importantly that
demonstrated rate charge does not demonstrate the increase due to stand by charges, if a long train is encountered. Currentl taxi driver will try alternate route, so he will get additional fares. if he is
paid to wait 10 minutes at Ashburn Lake Road or Simms corner crossing, he will not incur the additional $5.00 expense - our low income and fixed income residents will. 4) One of the select citizens
on Advisory Committee, should be selected from organized Neighbourhood Priority groups.
151
UM
• Only use taxis occasionally. Am always well pleased - prompt, courteous, friendly and reasonable price -wise.
• Keep senior discounts. No meters. Concerned as a senior citizen being alone. I will never receive the personal service if the meters are being put in.
• Saint John is a poor city with most people on fixed incomes like myself and the meters increasing the rate the way they show is going to cause me to not be able to use a service I need.
• Saint John is a poor city and people are on fixed incomes and I don't agree with the meters, fare increase I do agree with. Age limit of taxi should be 10 years, not 7.
• I believe installing meters would be wrong. I take cabs a lot and if they were installed I would have to take a bus which would be a huge inconvenience because of longer arrival times.
• Great job I
OTHER
*Who is going to pay for depreciated value of vehicle when meter installed?
• Our city is not like all other cities.
• If vulnerable sectors check has not been enacted by bylaw, why are we being charged for this?
152
PAGE 3
153
154
THE CITY OF SAINT JOHN
NEW BRUNSWICK
A By -law respecting the
Regulation and Licensing of
Owners and Operators of
Taxicabs in the City of Saint
John
By -law Number M -12
An uncertified copy of this by -law
is available online
155
Arrete portant reglementation des
activites des proprietaires et
exploitants de voitures -taxis et de
Poctroi de permis aux
proprietaires et exploitants de
taxis dans The City of Saint John
Arrete numero M -12
Une copie non certifiee de Farrete
est disponible en ligne
TABLE OF CONTENTS
Section
Description
Recitals
1
Title
2
Definitions
3
Interpretation
4
Mandatory Record
Checks
5 License Disqualification
6
Duties of Taxicab
Inspector
7
Prohibited Operations
8
Taxicab Operator's
License
9
Obligations of Taxicab
Operator
10
Conditions of Use of
Motor Vehicle as a
Taxicab
11 Taxicab Owner's License
12 Obligations of Taxicab
Owner's License Holder
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Page Article
156
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TABLE DES MATIERES
Designation
Pr6ambule
Titre
Definitions
Interpretation
Wrifications du casier
judiciaire obligatoires
Perte d'admissibilit6
Fonctions de Finspecteur
des taxis
Interdiction
Permis d'exploitant de
taxi
Obligations de
1'exploitant de taxi
Modalit6s d'utilisation
d'un v6hicule a moteur
comme taxi
Permis de propri6taire de
taxi
Obligations du titulaire
d'un permis de
propri6taire de taxi
Page
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13
Refusal to Issue,
13
Refus de d6livrer un
Suspension and
permis et suspension et
Revocation of Taxicab
revocation des permis de
License
taxis
14
Judicial Review
14
Appel
15
Taxicab Standbys
15
Postes de taxis
16
Taxicab Advisory
16
Comit6 consultatif en
Committee
matiere de taxis
17
Offenses
17
Infractions
18
Repeal
18
Abrogation
Schedule "A" - Annexe « A »
Educational Requirements Exigences en matiere
d' education
Schedule "B" - Annexe « B »
Calculation of Metered Calcul des tarifs a 1'aide
Rates d'un taximetre
Schedule "C" - Taxicab Annexe « C »
Operator's License Demande de permis
Application Form d'exploitant de taxi
Schedule "D" - Taxicab Annexe « D »
Owner's License Demande de permis de
Application Form propri6taire de taxi
RECITALS
WHEREAS Common Council deems it
advisable to enact this By -law because it
will govern the regulation and licensing of
owners and operators of Taxicabs in the
City of Saint John;
PREAMBULE
Attendu que :
le CONSEIL COMMUNAL juge opportun de
prendre le present ARRETE destine a r6gir la
r6glementation des activit&s des propri6taires et
exploitants de voitures -taxis et de Foctroi de
permis aux propri6taires et exploitants de taxis
157
AND WHEREAS Section 11 of the
Municipalities Act authorizes
municipalities to enact by -laws regulating
and licensing the owners and operators of
Taxicabs;
dans la MUNICIPALITE de Saint John;
ET ATTENDU QUE Particle 11 de la Loi sur
les municipalites autorise les municipalites a
prendre des arretes concernant la
reglementation des activites des proprietaires et
exploitants de voitures -taxis et de Foctroi de
permis aux proprietaires et exploitants de taxis;
NOW THEREFORE, the Common Council
A CES CAUSES, le CONSEIL COMMUNAL de
of The City of Saint John, enacts as follows:
The City of Saint John edicte
Title
Titre
1. This By -law may be cited as the Saint
1. Le present ARRETE peut &re cite sous le
John Taxicab By -law (hereinafter the
titre Arrete de Saint John r&ementant
`By- law ").
les taxis (ci -apres « 1'ARRETE »).
Definitions
Definitions
2. Whenever a word is used in this By -law
2. Dans le present ARRETE, les termes en
with its first letter capitalized, the term is
petites majuscules sont employes au
being used as it is defined in this
Sens defini au present article, les autres
Section 2. Where any word appears in
mots ayant leur sens ordinaire en
ordinary case, its regularly applied
frangais.
meaning in the English language is
intended.
"Assistant Taxicab Inspector" means a
« ARRETE ANTERIEUR » 1'ARRETE sur
member of the Saint John Police Force
les TAXIS qui a ete abroge par le present
who has been designated by the Chief of
ARRETE (Previous By -Law);
Police, in writing, to carry out the duties
of the Taxicab Inspector in the event that
the Taxicab Inspector is unable to perform
them (inspecteur des taxis adjoint);
"Certificate of Inspection" means a
« CERTIFICAT WINSPECTION »
CERTIFICAT D'INSPECTION delivre en vertu
158
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Certificate of Inspection issued under the
de la Loi sur les vehicules a moteur
Motor Vehicle Act (certificat
(Certificate of Inspection);
d'inspection);
"City" means The City of Saint John and
« COMITE » le COMITE consultatif en
includes the geographic bounds of the
matiere de TAXIS (Committee);
City of Saint John (Municipalite);
"Committee" means the Taxicab
« CONSEIL COMMUNAL » design les
Advisory Committee (comite);
membres elus du conseil municipal de la
MUNICIPALTTE (Common Council);
EXPLOITANT DE TAXI » s'entend
d'une personne qui detient un permis en
vertu de la Loi sur les vehicules a moteur et
en vertu du present ARRETE pour exploiter
un TAXI (Taxicab Operator);
EXIGENCES EN MATIERE DE
FORMATION >> s'entend des EXIGENCES
EN MATIERE DE FORMATION et d'education,
auxquelles un EXPLOITANT DE TAXI doit
satisfaire afin de pouvoir deposer une
demande de permis ou de renouvellement
de permis en vertu du present ARRETE, tel
qu'elles sont plus particulierement
presentees A P annexe « A » du present
ARRETE (Educational Requirements);
"Common Council" means the elected
« INSPECTEUR DES TAXIS » membre du
municipal council of the City ( conseil
Service de police de Saint John que le chef
communal);
de police designe par ecrit pour agir A titre
d'INSPECTEUR DES TAXIS (Taxicab
Inspector);
"Criminal Record Check" means a
« INSPECTEUR DES TAXIS ADJOINT »
comprehensive search of a person's
membre du Service de police de Saint
criminal history or background to
John que le chef de police designe par
determine what, if any, crimes he has
ecrit pour exercer les fonctions de
been convicted of in the past (verification
l'INSPECTEUR DES TAXIS en cas
du casier judiciaire);
d'incapacite de cc dernier (Assistant
Taxicab Inspector);
"Educational Requirements" means
«LOI SUR LES VEHICULES A MOTEUR
those training and Educational
signifie la L.R.N. -B. 1973, c M -17, telle
159
Requirements which a Taxicab Operator
que modifiee de temps a autre ou
shall be obligated to successfully
remplacee par 1'Assemblee legislative
complete in order to successfully apply
du Nouveau - Brunswick. (Motor Vehicle
for or renew a license under this By -law,
Act);
as are more particularly outlined and
described in Schedule "A" to this By -law
(exigences en matiere deformation);
"Metered Rates" means the rate for a
ride that is measured and calculated using
a Taxicab Meter which is calibrated in
accordance with Schedule `B" of this
By -law (tarifs calcules 6 Vaide d'un
taximetre);
"Motor Vehicle Act" means R.S.N.B.
1973, c. M -17, as amended from time to
time or replaced by the Legislative
Assembly of New Brunswick (Loi sur les
vMicules a moteur);
"Previous By -Law" means the Taxicab
By -law that has been repealed by this
By -law (ARRETE anterieur);
"Taxicab" means a motor vehicle, other
« MUNICIPALITE » designe The City of
than a bus or trolley, during any period in
Saint John et inclut les limites
which the vehicle is being used to
geographiques de la MUNICIPALITE de
transport a person for remuneration,
Saint John (City);
including the period in which a person
who is to be, is being or has been
transported for remuneration embarks or
disembarks and the period in which the
luggage of such person is loaded or
unloaded. Without limiting the generality
of the foregoing, any motor vehicle other
than a bus or trolley which operates or
otherwise provides tours within the City
for remuneration is considered a Taxicab
for the purposes of this By -law (taxi);
"Taxicab Inspector" means a member of
« PERMIS D'EXPLOITANT DE
the Saint John Police Force who has been
TAXI » PERMIS D'EXPLOITANT DE TAXI
160
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designated by the Chief of Police, in
qui a ete delivre conformement an
writing, to act as the Taxicab Inspector
present ARRETE et qui n'a pas expire, ete
(inspecteur des taxis);
suspendu ou annule (Taxicab
Operator's License);
"Taxicab License" means a Taxicab
License that has been issued in
« PERMIS DE PROPRIETAIRE DE
accordance with this By -law and has not
TAXI » permis de proprietaire de taxi
expired or been suspended or cancelled
qui a ete delivre conformement au
(permis de taxi);
present ARRETE et qui n'a pas expire, ete
suspendu ou annule (Taxicab Owner's
"Taxicab Meter" means a Centrodyne
License);
brand electronic metering device
purchased, installed and maintained at all
« PERMIS DE TAXI)) permis de taxi
times in good working order by the
qui a ete delivre conformement au
Taxicab Owner, which is calibrated in
present ARRETE et qui n'a pas expire, ete
accordance with Schedule "B" of this
suspendu ou annule (Taxicab License);
By -law and sealed by the Taxicab
Inspector upon inspection thereof, which
meets the technical specifications set out
in this By -law and which is used to
measure and calculate Metered Rates, as
set out in this By -law (taximetre);
"Taxicab Operator" means a person
who is licensed under the Motor Vehicle
Act and under this By -law to operate a
Taxicab (exploitant de taxi);
"Taxicab Operator's License" means a
Taxicab Operator's License that has been
issued in accordance with this By -law and
has not expired or been suspended or
cancelled (permis d'exploitant de taxi);
"Taxicab Owner" means the individual
« PERSONNE VULNERABLE))
or corporation shown by the records of the
s'entend d'une personne qui en raison
Registrar of Motor Vehicles for New
de son age, d'une deficience ou d'autres
Brunswick to be the registered owner of a
circonstances temporaires ou
motor vehicle that has been registered
permanentes, soit est en position de
under the Motor Vehicle Act for use as a
dependance par rapport a d'autres
Taxicab (proprietaire de taxi);
personnes ou court un risque d'abus ou
d'agression plus eleve que la population
"Taxicab Owner's Licence" means a
en general (Vulnerable Person);
Taxicab Owner's License that has been
161
sm
issued in accordance with this By -law and
has not expired or been suspended or
cancelled (permis de proprietaire de taxi);
"Taxicab Standby" means a portion of a
« POSTE DE TAXIS » partie d'une rue
public street that has been designated in
publique qui a ete designee A ce titre
the Saint John Traffic By -Law as a
dans l'Arrete relatif a la circulation
Taxicab Standby (poste de taxis);
dans The City of Saint John (Taxicab
Standby);
"Vulnerable Person" means a person
<< PROPRIETAIRE DE TAXI o la
who, by reason of his age, a disability or
personne ou compagnie qui, d'apres les
other circumstances, whether temporary
registres du registraire des vehicules A
or permanent, is in a position of general
moteur du Nouveau - Brunswick, est le
dependence on others or is otherwise at a
proprietaire immatricule d'un vehicule A
greater risk than the general population of
moteur enregistre sous le regime de la
being harmed (personne vulnerable);
Loi sur les vehicules a moteur en vue
d'etre utilise comme TAXI (Taxicab
"Vulnerable Sectors Check" means a
Owner);
comprehensive search of a person's
criminal history or background to
« TARIFS CALCULES A L'AIDE
determine what, if any, crimes he has
D'UN TAXIMETRE » le tarif pour un
been convicted of in the past against a
trajet qui est mesure et calcule par un
Vulnerable Person, including crimes of
taximetre calibre conformement A
sexual nature against a Vulnerable Person
1'annexe « B » du present ANTE
for which a record suspension or pardon
(Metered Rates);
may have been issued (verification des
antecedents en vue d'un travail aupres de
<< TAXI » s'entend d'un vehicule A
personnes vulnerables).
moteur, autre qu'un autobus, pendant la
periode ou it est utilise pour transporter
une personne contre remuneration, y
compris la periode ou la personne qui
doit se faire transporter, qui est
transportee ou qui a ete transportee
contre remuneration monte dans le
vehicule ou en descend, et la periode ou
ses bagages sont charges ou decharges.
Sans restreindre la portee de ce qui
precede, tout vehicule A moteur autre
qu'un autobus, qui opere ou qui offre
des tours contre remuneration dans la
MUNICIPALITE, est considers etre un
TAxI aux fins du present ARxETE
( Taxicab);
TAXIMETRE » s'entend d'un
162
163
compteur electronique de marque
Centrodyne achete, installe et, en tout
temps, maintenu en bon etat de
fonctionnement par le PROPRIETAIRE DE
TAXI, qui est calibre conformement a
1'annexe «B » du present ARRETE et
scelle par 1'INSPECTEUR DES TAXIS lors
de l'inspection dudit TAXIMETRE, qui
rencontre les exigences techniques
prevues dans le present ARRETE et qui
est utilise pour mesurer et calculer les
tarifs a 1'aide d'un taximetre,
conformement au present ARRETE
(Taxicab Meter);
VERIFICATION DU CASIER
JUDICIAIRE » s'entend d'une
recherche exhaustive des antecedents
criminels d'un individu pour determiner,
le cas echeant, les crimes pour lesquels
it a deja ete condamne (Criminal Record
Check);
VERIFICATION DES
ANTECEDENTS EN VUE D'UN
TRAVAIL AUPRES DE
PERSONNES VULNERABLES»
s'entend d'une recherche exhaustive des
antecedents criminels d'un individu
pour determiner, le cas echeant, les
crimes commis envers une PERSONNE
VULNERABLE pour lesquels it a deja ete
condamne, incluant les infractions de
nature sexuelle contre une PERSONNE
VULNERABLE, pour lesquelles le casier
aurait ete suspendu on un pardon aurait
ete accorde (Vulnerable Sectors Check).
Interpretation
Interpretation
3. Rules for interpretation of the language
3. Les regles d'interpretation suivantes
used in this By -law are contained in the
s'appliquent au present ARRETE :
163
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lettered paragraphs as follows:
(a) The captions, article and section
names and numbers appearing in
this By -law are for convenience
of reference only and have no
effect on its interpretation.
(b) This By -law is to be read with all
changes of gender or number
required by the context.
(c) Each reference to legislation in
this By -law is printed in Italic
font. Where the name of the
statute does not include a year,
the reference is to the Revised
Statutes of New Brunswick, 1973
edition. Where the name of the
statute does include a year, the
reference is to the Statute of New
Brunswick for that year. In
every case, the reference is
intended to include all applicable
amendments to the legislation,
including successor legislation.
Where this By -law references
other by -laws of the City, the
term is intended to include all
applicable amendments to
those by -laws, including
successor by -laws.
(d) The requirements of this By -law
are in addition to any
requirements contained in any
other applicable by -laws of the
City or applicable provincial or
federal statutes or regulations.
164
a) Les titres, intertitres et numeros
des dispositions ne servent qu'a
faciliter la consultation de
1'ARRETE et ne doivent pas
servir a son interpretation.
b) Le genre ou le nombre
grammaticaux doivent titre
adaptes au contexte.
C) Les renvois legislatifs paraissent
en italique. Its visent les Lois
revisees du Nouveau - Brunswick
de 1973 sauf mention d'une
annee particuliere, auquel cas ils
visent les Lois du Nouveau -
Brunswick de cette annee -la.
Dans tous les cas, le renvoi a une
loi vise egalement les
modifications qui s'y appliquent,
y compris toute legislation de
remplacement. Les renvois a
d'autres arretes de la
MUNICIPALITE visent egalement
les modifications qui s'y
appliquent, y compris tout arrete
de remplacement.
d) Les obligations qu'il cree
s'ajoutent a celles decoulant
d'autres arretes applicables de la
MUNICIPALITE ou des lois ou
reglements federaux ou
provinciaux applicables.
- 11 -
(e) If any section, subsection, part or
parts or provision of this By -law,
is for any reason declared by a
court or tribunal of competent
jurisdiction to be invalid, the
ruling shall not affect the validity
of the By -law as a whole, nor
any other part of it.
e) Si une disposition quelconque
est d6clar6e invalide par un
tribunal competent pour quelque
motif que cc soit, la decision
n'entache en rien la validit6 de
FARRETE dans son ensemble ni
de toute autre disposition.
Mandatory Record Checks
Verifications du casier judiciaire
obligatoires
4. Before the Taxicab Inspector will
4. Avant que FINSPECTEUR DES TAxis ne
consider an application for a licence
consid&re une demande de permis en
under this By -law, a person shall, at his
vertu de cet ARRETE, un individu doit, a
sole expense, submit to a:
ses propres frais, presenter :
(a) Criminal Record Check, which shall
a) une VERIFICATION DU CASIER
be carried out by the Saint John
JUDICIAIRE qui devra titre effectu6e par
Police Force if the applicant resides
le Service de police de Saint John si
in the City and by the Royal
Fauteur de la demande demeure dans la
Canadian Mounted Police or a local
MUNICIPALITE, et par la Gendarmerie
police force as the case may be
royale du Canada ou par un service de
should the applicant reside outside
police local, le cas 6ch6ant, si Fauteur
the City; and
de la demande reside a 1'ext6rieur de la
MUNICIPALITE; et
(b) In the case of an application for a
b) dans le cas d'une demande pour une
Taxicab Operator's License, a
PERMIS D'EXPLOITANT DE TAXI, une
Vulnerable Sectors Check, which
VERIFICATION DES ANTECEDENTS EN
shall be carried out by the Saint
VUE D'UN TRAVAIL AUPRES DE
John Police Force if the applicant
PERSONNES VULNERABLEs devra titre
resides in the City and by the Royal
effectu6e par le Service de police de
Canadian Mounted Police or a local
Saint John si Fauteur de la demande
police force as the case may be
reside dans la MUNICIPALITE et par la
should the applicant reside outside
Gendarmerie royale du Canada ou par
the City.
un service de police local, le cas
6ch6ant, si Fauteur de la demande
demeure A 1'ext6rieur de la
MUNICIPALITE.
165
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License Disqualification
Perte d'admissibilite
5. A person is disqualified from
5. Est inadmissible a obtenir ou a detenir
obtaining, holding or continuing to hold
ou a continuer a detenir un permis en
any license under this By -law if
vertu du present ARRETE la personne
qui :
a) he is convicted of, or has within the
a) ou bien est reconnue coupable ou a
five (5) years prior to submitting an
ete reconnue coupable, au cours des
application for a license, been
cinq annees precedant la
convicted of
presentation d'une demande de
permis
(i) an indictable offence under the
Criminal Code of Canada or any
(i) d'un acte criminel prevu au
other statute; or
Code criminel du Canada ou de
toute autre loi ;
(ii) an offence of trafficking in
narcotics or possessing a narcotic or
(ii) de traffic, de possession ou
importing a narcotic, contrary to the
d'importation de stupefiants, en
Controlled Drugs & Substances Act;
violation de la Loi reglementant
or
certaines drogues et autres
substances;
(iii) an offence of trafficking in a
controlled or restricted drug or
(iii) de trafic ou de possession a des
possession for the purpose of
fins de traffic d'une drogue
trafficking in a controlled or
controlee ou d'une drogue d'usage
restricted drug, contrary to the Food
restreint, en violation de la Loi sur
and Drug Act of Canada; or
les aliments et drogues du Canada;
(iv) an offence involving liquor
(iv) d'une infraction relative aux
contrary to section 132 of the Liquor
boissons alcooliques en violation de
Control Act of New Brunswick;
Particle 132 de la Loi sur la
reglementation des alcools du
such disqualification from holding a
Nouveau - Brunswick;
license under this By -law shall be
calculated as running for a period of
cette perte d'admissibilite adetenir
five (5) years commencing on the
un permis en vertu du present
date of conviction.
ARRETE s'echelonne sur une
periode de cinq ans a partir de la
date de la condamnation.
b) he is convicted of, or has within two
b) ou bien est reconnue coupable ou a
(2) years prior to submitting an
ete reconnue coupable, dans les
application for a license, been
deux annees precedant la
convicted of
presentation d'une demande de
166
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167
permis :
(i) a summary conviction offence
(i) d'une infraction punissable sur
under the Criminal Code of Canada;
declaration de culpabilit& par
or
procedure sommaire en vertu du
Code criminel du Canada;
(H) an offence under the Controlled
(ii) d'une infraction pr&vue a la Loi
Drugs & Substances Act or the Food
reglementant certaines drogues et
and Drug Act of Canada or the
autres substances, a la Loi sur les
Liquor Control Act of New
aliments et drogues du Canada ou a
Brunswick other than an offence
la Loi sur la reglementation des
mentioned in subparagraph 5(a)(ii),
alcools du Nouveau - Brunswick,
(iii) or (iv);
autre qu'une infraction mentionn &e
au sous- alin &a 5a)(ii), (iii) or (iv);
such disqualification from holding a
license under this By -law shall be
cette perte d'admissibilit& a d&tenir
calculated as running for a period of
un permis en vertu du present
two (2) years commencing on the
ARRETE s'&chelonne sur une
date of conviction.
p&riode de deux ans, a partir de la
date de la condamnation.
c) he has, within two (2) years prior to
c)
ou bien a vu, au cours des deux
making his application, had a
ann &es pr &c&dant sa demande, un
license obtained under this By -law
permis obtenu en vertu du present
cancelled and not reinstated;
ARRETE etre annul& sans etre r&tabli;
d) in the case of a Taxicab Operator, he
d)
ou bien, dans le cas d'un
has had his driver's license
EXPLOITANT DE TAXI, a vu son
cancelled or suspended under the
permis de conduire etre annule ou
Motor Vehicle Act or has, at any
suspendu sous le regime de la Loi
time, fewer than four (4) points on
sur les vehicules a moteur ou a, a
his driver's license, which must be
tout moment, moins de quatre
reported by said Taxicab Operator
points sur son permis de conduire,
to the Taxicab Inspector in writing
ce qui doit etre rapport&, par &crit,
within twenty -four (24) hours of
par ledit EXPLOITANT DE TAXI A
said cancellation or suspension;
1'INSPECTEUR DES TAXIS dans les
vingt- quatre heures de ladite
annulation ou suspension;
e) in the case of a Taxicab Operator, he
e)
ou bien, dans le cas d'un
is found to have operated a Taxicab
EXPLOITANT DE TAXI, s'il est &tabli
while his driver's license was
qu'il a exploit& un TAXI alors que
cancelled or suspended under the
son permis de conduire &tait annul&
Motor Vehicle Act or while such
ou suspendu en vertu de la Loi sur
167
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driver's license had fewer than four
les vehicules d moteur ou alors qu'il
(4) points, which carries with it a
y avait moins de quatre points sur
two (2) year disqualification from
son permis de conduire, ce qui
holding a license under this By -law
entrafne une perte d'admissibilite a
commencing on the date of
detenir un permis en vertu du
discovery by the Taxicab Inspector;
present ARRETE, pour une periode
de deux ans, a partir de la date oix
1'INSPECTEUR DES TAXIS decouvre
cette information;
f) ou bien, dans le cas d'un
in the case of a Taxicab Owner, he
PROPRIETAIRE DE TAXI, s'il est etabli
is found to have permitted the
qu'il a permis 1'exploitation d'un
operation of a Taxicab without a
TAXI sans detenir une police
valid policy of insurance which
d'assurance valide qui respecte en
complies in all respects with the
tous points les conditions
conditions for insurance prescribed
d'assurance prescrites dans le
in this By -law, which carries with it
present ARRETE, ce qui entrafne une
a two (2) year disqualification from
perte d'admissibilite adetenir un
holding a license under this By -law
permis en vertu du present ARRETE
commencing on the date of
pour une periode de deux ans a
discovery by the Taxicab Inspector.
partir de la date ou 1'INSPECTEUR
DES TAXIS decouvre cette
information.
Duties of the Taxicab Inspector
Fonctions de PINSPECTEUR DES TAXIS
6(1) The
duties of the Taxicab Inspector
6(1) UINSPECTEUR DES TAXIS exerce les
include:
fonctions suivantes :
(a)
the general control, supervision
a) it controle, surveille et dirige toute
and direction of any person who
personne designee a titre
has been designated to act as the
d'INSPECTEUR DES TAXIS ADJOINTS;
Assistant Taxicab Inspector;
(b)
issuing, suspending and revoking
b) it delivre, suspend et revoque les
licenses in accordance with this
permis conformement au present
By -law;
ARRETE;
(c)
verifying that a person who has
c) it verifie qu'un individu, qui a
applied for a license under this By-
depose une demande de permis en
law has complied with the
vertu du present ARRETE, se
-15-
Educational Requirements, which
are outlined and described in
Schedule "A" to this By -law;
(d) upon receiving an application for a
license or receiving a complaint,
making or causing to be made
inquiries to police authorities and
motor vehicle authorities to
confirm that a person is not
disqualified from obtaining or
holding a license under this By-
law;
(e) upon receiving a complaint, and at
such other times as he may
consider expedient for the
administration or enforcement of
this By -law inspecting Taxicabs to
determine:
i) that they are clean;
ii)that the Taxicab registration
plate, the Taxicab Owner's
License, the Taxicab
Operator's License, the
decals showing Schedule
"B" and the identification
decals are being displayed
in accordance with this By-
law and the Motor Vehicle
Act;
(f) keeping a register that includes a
list of all licenses that have been
granted or suspended or cancelled
under this By -law, the name and
address of each applicant, the fees
that have been paid for licenses,
the particulars of the identification
169
conforine aux EXIGENCES EN
MATIERE D'EDUCATION defines et
decrites a 1' annexe « A » du
present ARRETE;
d) a la reception d'une demande de
permis ou d'une plainte, it mene ou
fait mener des enquetes aupres des
autorites policieres et des autorites
chargees de la direction des
vehicules A moteur afin de
confirmer qu'une personne nest
pas inadmissible A obtenir ou
detenir un permis en vertu du
present ARRP-Tt;
e) A la reception d'une plainte et A
tout autre moment ou it le juge
utile pour Papplication ou
1'execution du present ARRP-TE, it
inspecte les TAXIS pour s'assurer :
i) qu'ils sont propres,
ii) que la plaque
d'immatriculation, le
PERMIS DE PROPRIETAIRE DE
TAXI, le PERMIS
D'EXPLOITANT DE TAXI et
les vignettes representant
1'annexe « B » et les
vignettes d'identification
sont affiches conformement
au present ARRETE et A la
Loi sur les vehicules a
moteur;
f) it tient un registre indiquant tous
les permis qui ont ete accordes,
suspendus ou annules en vertu du
present ARRETE, les nom et adresse
de chaque auteur d'une demande,
les droits payes A 1'egard des
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decals issued for the vehicle, and a
full description of each Taxicab for
which a license is issued, including
its make, model, year and colour;
(g) furnishing a copy of the By -law to
each person who receives a license
under this By -law;
(h) examining or causing to be
examined every motor vehicle for
which a license is requested under
this By -law to confirm;
(i) that it is displaying both a
current Taxicab registration plate
and a Certificate of Inspection that
was issued for it not more than
thirty (30) days before the date on
the application, and
(ii) that it is free of exterior body
damage and is clean and neat
both inside and outside.
6(2) An Assistant Taxicab Inspector shall
carry out the duties of the Taxicab Inspector in
the event that the Taxicab Inspector is unable to
do so because of injury, sickness, being on
holiday, being out of the City, or for any other
reasonable cause, and shall report to the
Taxicab Inspector with respect to the
performance of such duties.
permis et les details relatifs aux
vignettes d'identification delivrees
A 1'egard du vehicule et comportant
une description complete de
chaque TAXI pour lequel un permis
est delivre, y compris sa marque,
son modele, son annee et sa
couleur;
g) it remet une copie du present
ARRETE A chaque personne qui
regoit un permis en vertu de celui-
ci;
h) it examine ou fait examiner chaque
vehicule A moteur A 1'egard duquel
un permis est demande en vertu du
present ARRETE afin de confirmer :
(i) que sont apposes sur celui -ci
une plaque d'immatriculation de
TAXI en cours de validite et un
CERTIFICAT D'INSPECTION de
vehicule A moteur delivre pas plus
de trente jours avant la date de la
demande,
(ii) que sa carrosserie nest pas
endommagee et qu'il est propre
tant A 1'interieur qu'A 1'exterieur.
6(2) Un INSPECTEUR DES TAXIS ADJOINT
accomplit les taches de 1'INSPECTEUR DES
TAXIS lorsque ce dernier est incapable de le
faire en raison d'une blessure, de maladie,
parce qu'il est en vacances ou A 1'exterieur de
la MUNICIPALITE, Ou pour toute autre cause
raisonnable. Il fait rapport A 1'INSPECTEUR DES
TAXIS relativement A 1'accomplissement de ces
taches.
Operation of Taxicab Prohibited I Interdiction
170
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171
7 No person shall operate a motor vehicle
7. Il est interdit d'exploiter un vehicule a
as a Taxicab within the City unless:
moteur comme TAXI A 1'interieur de la
MUNICIPALITA a moins que les
conditions suivantes ne soient reunies :
(a) he is in possession of a valid
a) 1'exploitant possede un PERMIS
Taxicab Operator's License;
D'EXPLOITANT DE TAXI valide;
(b) a valid Taxicab Owner's License
b) un PERMIS DE PROPRIETAIRE DE TAXI
has been issued for the Taxicab and
valide a ete delivre A 1'egard du
is displayed as provided herein;
TAXI et est affiche conformement
aux dispositions du present ARRETE;
(c) a Certificate of Inspection that has
not expired is displayed on the
c) un CERTIFICAT D'INSPECTION qui n'a
windshield of the motor vehicle;
pas expire est appose sur le pare -
and
brise du vehicule A moteur;
(d) identification decals and the decals
d) des vignettes d'identification et les
showing Schedule "B" issued by
vignettes representant
the Taxicab Inspector for that
Fannexe « B » delivrees par
vehicle are securely affixed to the
FINSPECTEUR DES TAXIS A 1'egard
upper left corner of its rear window
du vehicule sont solidement collees
and to the window of each of its
au coin superieur gauche de la
rear doors.
lunette arriere et sur la vitre de
chacune des portes arriere.
Taxicab Operator's License
Permis d'EXPLOITANT DE TAXI
8(1) An application for a Taxicab Operator's
8(1) La demande de PERMIS
License shall be submitted to the Taxicab
D'EXPLOITANT DE TAXI est presentee A
Inspector at the Saint John Police Force
l'INSPECTEUR DES TAXIS au quartier general du
Headquarters at Peel Plaza, Saint John, NB, on
Service de police de Saint John situe au Peel
the form prescribed as Schedule "C" to the By-
Plaza, Saint John, Nouveau - Brunswick, au
law. Taxicab Operator's Licenses that are
moyen du formulaire prescrit A 1'annexe «C»
issued may be picked up at that location.
du present ARRATA. Les PERMIS D'EXPLOITANT
DE TAXI et les vignettes d'identification
delivres peuvent &re ramasses A cet endroit.
8(2) The Taxicab Inspector shall issue a
8(2) L'INSPECTEUR DES TAXIS delivre un
Taxicab Operator's License to an applicant if
PERMIS D'EXPLOITANT DE TAXI A la personne
he is satisfied that the applicant:
qui le demande lorsqu'il est convaincu qu'elle :
(a) has truthfully completed the
a) a veridiquement rempli le
171
mom
172
application form;
formulaire de demande;
(b)
has submitted to and passed a
b)
s'est soumise et a passe avec
Vulnerable Sectors Check•
'
succes la verification des
antecedents en vue d'un travail
(c)
has paid the Taxicab Operator's
aupres de personnes
vulnerables;
License fee of fifty dollars ($50.00)
c)
a acquitte le droit de PERMIS
(d)
has established that he is at least
D'ExPLOITANT DE TAxi de
nineteen (19) years of age;
cinquante dollars;
(e)
has established that he has a
d)
a prouve qu'elle est agee d'au
minimum of two (2) years licensed
moins dix -neuf ans;
driving experience;
e)
a prouve qu'elle compte au
(f)
holds a current valid driver's
moins deux annees d'experience
license that has been issued to him
de conduite;
under the Motor Vehicle Act with a
minimum of four (4) points
f)
detient un permis de conduire
remaining, which authorizes him to
en cours de validite, avec un
operate a motor vehicle as a
minimum de quatre points, qui
Taxicab;
lui a ete delivre sous le regime
de la Loi sur les vehicules d
(g)
is not a person who is disqualified
moteur, et qui l'autorise a
under this By -law from holding a
exploiter un vehicule a moteur
license;
comme TAXI;
(h)
has satisfactorily completed the
g)
n'est pas inadmissible en vertu
educational /training program, as
du present ANTE a detenir un
prescribed by Schedule "A ".
permis;
h)
a complete avec succes le
programme d'education et de
formation, tel que prescrit a
1' annexe « A ».
8(3) The
fee for a Taxicab Operator's
8(3) Le
droit afferent au PERMIS
License is fifty ($50.00) dollars.
D'ExPLOITANT DE TAxi est de cinquante dollars.
8(4) A Taxicab Operator's License issued
8(4) Le PERMIS D'EXPLOITANT DE TAXI delivre
172
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under this By -law expires at 11:59 p.m. on the
en vertu du present ARRETE expire a 23 h 59 le
Taxicab Operator's next birthday.
jour du prochain anniversaire de naissance de
l'EXPLOITANT DE TAXI.
8(5) A Taxicab Operator whose Taxicab
8(5) L'EXPLOITANT DE TAXI dont le PERMIS
Operator's License has been lost or accidentally
D'EXPLOITANT DE TAXI a &t& perdu ou d&truit
destroyed may apply for and obtain from the
accidentellement peut presenter une demande a
Taxicab Inspector at the Saint John Police
FINSPECTEUR DES TAXIS, au quartier general du
Force Headquarters at Peel Plaza, Saint John,
Service de police de Saint John situ& au Peel
NB a replacement upon the payment of an
Plaza, Saint John, Nouveau - Brunswick, en vue
administration fee of fifteen ($15.00) dollars.
d'obtenir un permis de remplacement sur
paiement des frais d'administration de quinze
dollars.
Obligations of Taxicab Operator
Obligations de PEXPLOITANT DE TAXI
9. A Taxicab Operator shall :
9. L'EXPLOITANT DE TAXI:
(a) notify the Taxicab Inspector, in
a) avise par &crit 1'INSPECTEUR DES TAXIS
writing, prior to changing his
avant de cesser de travailler pour un
employment or affiliation from one
PROPRIETAIRE DE TAXI et de commencer
Taxicab Owner to another Taxicab
a travailler pour un autre, et paie a
Owner, and pay to the Taxicab
FINSPECTEUR DES TAXIS des frais
Inspector an administration fee of
d'administration de quinze dollars;
$15.00;
(b) not use abusive, insulting or
b) s'abstient d'utiliser un langage
obscene language while operating a
offensant, insultant ou obscene pendant
Taxicab;
qu'il exploite un TAXI;
(c) be neat, clean and courteous while
c) a une apparence propre et soignee et
operating a Taxicab;
fait preuve de courtoisie pendant qu'il
exploite un TAXI;
(d) allow only paying passengers to
occupy the Taxicab while it is
d) permet uniquement aux voyageurs
being operated as a Taxicab or is in
payants d'occuper le TAXI pendant qu'il
service waiting for a call;
est exploit& a ce titre on est en service
en attente d'appel;
(e) subject to the directions of police
officers or of traffic control devices
e) sous r &serve des dispositifs de
or the customer, proceed by the
r&gulation de la circulation ou des
shortest legal route from the pick-
directives des agents de police on du
up point to the destination point;
client, emploie le chemin le plus court
173
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(f) display his license in the Taxicab
that he is operating in a position
where the license can be easily
seen by passengers, and allow them f)
to inspect it;
(g) allow any member of the Saint
John Police Force, at all reasonable
times, to inspect the Taxicab, his
Taxicab Operator's License, the
Taxicab Owner's License, the
Taxicab Meter used to calculate
Metered Rates, the decals showing
Schedule `B" and the
identification decals that are
displayed in or upon the Taxicab;
pour se rendre du point de depart au
point de destination;
affiche son permis dans le TAXI qu'il
exploite a un endroit ou les voyageurs
peuvent facilement le voir et permet a
ceux -ci de Finspecter;
g) permet a toute heure raisonnable aux
membres du Service de police de Saint
John d'inspecter le TAXI, son PERMIS
D'EXPLOITANT DE TAXI, le PERMIS DE
PROPRIETAH E DE TAXI, le TAXIMETRE
utilise pour calculer les tarifs et les
vignettes d'identification apposees dans
le TAXI ou sur celui -ci;
(h) subject to requesting and receiving h) s'abstient de prendre un autre voyageur
the permission of his passenger, not a moins d'avoir prealablement demande
pick up any other passenger; et obtenu Fautorisation du voyageur
deja dans le TAXI;
(i) not be on duty for more than
twelve (12) hours in any twenty -
four (24) hour period;
(j) permit any person wishing to hire
his Taxicab to inspect his Taxicab
Operator's License and the Taxicab
Owner's License;
(k) not refuse to transport a person for
hire while he is on duty unless :
i. he is previously engaged;
or
ii. he is of the opinion that
the person may cause
him personal injury or
may cause damage to his
vehicle; or
iii. the person wishing to
174
i) ne peut &re en service pendant plus de
douze heures au cours d'une periode de
vingt - quatre heures;
J) permet a toute personne qui desire
retenir ses services d'inspecter son
PERMIS D'EXPLOITANT DE TAXI ainsi que
le PERMIS DE PROPRIETAIRE DE TAXI;
k) s'abstient de refuser de transporter une
personne contre remuneration pendant
qu'il est en service, a moins que :
i. ses services ne soient deja
retenus; ou
ii. it estime que la personne
pourrait lui causer des blessures
ou endommager son vehicule;
ou
iii. la personne qui desire retenir
-21 -
hire the Taxicab is not
able to satisfy the
Taxicab Operator that
the fare will be paid;
(1) Not stop, stand or park his Taxicab
on a public street other than at a
Taxicab Standby unless he is
picking up or dropping off a
passenger and, if applicable, his
luggage;
(m)Not have the roof sign of his
Taxicab illuminated unless the
Taxicab is at that time available for
hire;
(n) Comply with notices that are issued
to him by the Taxicab Inspector
with respect to violations of this
By -law;
(o) While on duty, wear a shirt with a
collar, long dress pants, and shoes
and socks.
ses services ne soit pas en
mesure de le convaincre que le
prix de la course sera pay&;
1) s'abstient d'arreter, d'immobiliser ou
de stationner son TAXI sur une rue
publique autre qu'un POSTE DE TAXIS,
sauf pour faire monter ou descendre un
voyageur et charger ou d &charger ses
bagages, le cas &ch &ant;
m) s'abstient d'allumer 1'enseigne
lumineuse sur le toit de son TAXI a
moins que le TAXI ne soit alors
disponible pour le transport de
voyageurs;
n) se conforme aux avis que lui remet
1'INSPECTEUR DES TAXIS relativement a
des infractions au present ARRETE;
o) pendant qu'il travaille, porte une
chemise, des pantalons propres, des
souliers et des bas.
Conditions of Use of Motor Vehicle as a Modalites d'utilisation d'un vehicule a
Taxicab moteur comme TAXI
10(1) No person shall permit a motor vehicle
owned by him to be used as a Taxicab within
the City unless:
(a) he has a valid Taxicab Owner's
License for the vehicle and the license
is displayed in the vehicle in a position
where it can be easily seen and
inspected by a passenger;
175
10(1) 11 est interdit au proprietaire d'un
vehicule a moteur de permettre que son
vehicule soit utilise comme TAXI a 1'int6rieur
de la MUNICIPALITE a moins que les conditions
suivantes ne soient reunies :
a) it est titulaire d'un PERMIS DE
PROPRI$TAIRE DE TAXI valide a 1'egard
du vehicule et ce permis est affiche a
1'interieur du vehicule a un endroit oiu it
peut facilement We vu et inspect& par
les voyageurs;
-22-
b) Pexploitant est titulaire d'un PERMIS
(b) the operator is in possession of a D'EXPLOITANT DE TAXI valide et d'un
valid Taxicab Operator's License and a permis de conduire valide et en vigueur
current valid driver's license under the delivre sous le regime de la Loi sur les
Motor Vehicle Act; vehicules a moteur;
(c) the motor vehicle bears a validly
issued and registered « H plate » license
plate issued under the Motor Vehicle
Act;
(d) a registered, calibrated and sealed
Taxicab Meter, which has been installed
by the Taxicab Owner and programmed
and calibrated in accordance with
Schedule `B" to this By -law, has been
inspected by the Taxicab Inspector;
(e) Schedule "B" to this By -law,
which shall be subject to review on an
annual basis by the Committee, is
securely affixed to the rear driver's side
window of the Taxicab so that it can be
easily seen and read by persons entering
the motor vehicle;
(f) identification decals issued by the
Taxicab Inspector for that motor vehicle
are securely affixed to the upper left
corner of its rear window and to the
window of each of its front doors;
(g) subject to section 15, a sign is
attached to the roof while it is being
used as a Taxicab. The sign shall
indicate that the motor vehicle is a
Taxicab, and shall be illuminated only
176
c) le vehicule a moteur porte une plaque
d' immatriculation « H » volidement
enregistree et emise conformement a la
Loi sur les vehicules a moteur;
d) le vehicule est muni d'un TAXIMETRE
enregistre, calibre et scelle, qui a ete
installe par le PROPRIETAIRE DU TAXI,
programme et calibre conformement a
1'annexe « B » du present ARRETE et
inspecte par L'INSPECTEUR DES TAXIS;
e) L'annexe « B » du present ARRETE, qui
doit &re soumise a une revision
annuelle par le COMITE, est solidement
collee sur la vitre de la porte arriere du
cote du conducteur du TAXI de fagon a
ce que les personnel qui entrent dans le
vehicule a moteur puissent facilement
la voir et la lire;
f) des vignettes d'identification livrees
par 1'INSPECTEUR DES TAXIS a 1'egard
du vehicule sont collees solidement au
coin superieur gauche de la lunette
arriere et sur la vitre de chacune des
portes avant;
g) sous reserve de Particle 15, une
enseigne est fixee sur le toit du vehicule
pendant qu'il est utilise comme TAXI.
L' enseigne indique que le vehicule a
moteur est un TAXI et est illuminee
uniquement pendant que le vehicule est
disponible a cette fin;
-23-
while the Taxicab is available for hire;
(h) the motor vehicle has a minimum
of four (4) doors and is powered by an
engine with a minimum four (4)
cylinders;
(i) the motor vehicle, by reference to
the Vehicle Identification Number
(VIN) and any other identifying
information, is at the time of licensing
under this By -law:
(i) in 2016, ten (10) years
old or newer;
(ii) in 2017, nine (9) years
old or newer;
(iii) in 2018, eight (8) years
old or newer;
(iv) in 2019 and all subsequent
years , seven (7) years old or
newer;
(j) notwithstanding paragraph (i)
above, motor vehicles that have been
customized to serve as wheelchair
accessible Taxicabs shall, at the time of
licensing under this By -law, be twelve
(12) years old or newer;
(k) paragraphs (h) and (i) shall come
into effect at the time the annual
inspections of the Taxicabs are carried
out by the Taxicab Inspector in May of
2016 and no motor vehicles that are in
service as a Taxicab under this By -law
prior to that date shall be exempted
from the application of the requirements
177
h) le v&hicule A moteur est muni d'au
moins quatre portes et est aliment& par
un moteur d'au moins quatre cylindres;
i) le v6hicule A moteur, en s'y r6f6rant par
son num6ro d'identification du v6hicule
(NIV) et par toute autre information
permettant de 1'identifier, a au moment
ou le permis est d6livr6 en vertu du
pr6sent ARRETt,
(i) en 2016, au plus 10 ans;
(ii) en 2017, au plus 9 ans;
(iii) en 2018, au plus 8 ans;
(iv) en 2019, et pour toute ann6e
subs6quente, au plus 7 ans;
j) nonobstant 1'alin6a i) plus haut, les
v&hicules A moteur qui ont W adapt6s
pour permettre 1'acc&s aux fauteuils
roulants doivent, lors de 1'obtention du
permis en vertu du pr6sent ARRETE,
avoir W fabriqu&s an cours des douze
derni6res ann6es;
k) les alin6as h) et i) prendront effet au
moment des inspections annuelles des
TAXIS qui seront effectu6es par
1'INSPECTEUR DES TAXIS en mai 2016 et
aucun v6hicule qui op6rait comme TAXI
en vertu du pr6sent ARRETE avant cette
date ne sera exempt6 de Papplication
des exigences pr6vues aux alin6as h) et
i).
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prescribed in paragraphs (h) and (i).
10(2) A fully functioning and calibrated
Taxicab Meter programmed in accordance with
Schedule "B" shall be installed and in
operation in every Taxicab in the City by not
later than May 31St, 2016.
Taxicab Owner's License
11(1) An application for a Taxicab Owner's
License shall be submitted to the Taxicab
Inspector at the Saint John Police Force
Headquarters at Peel Plaza, Saint John, NB on
the form prescribed as Schedule "D". Taxicab
Licenses, the decals showing Schedule "B"
and identification decals that are issued may be
picked up at that location.
11(2) The Taxicab Inspector shall issue to the
applicant a Taxicab Owner's License,
identification decals and decals setting out
Schedule `B" of this By -law to an applicant
for his motor vehicle if the Taxicab Inspector is
satisfied that :
(a) the applicant has truthfully
completed and submitted the Schedule
"D" application to him;
(b) the vehicle is registered for the
current year under the Motor Vehicle
Act for use as a Taxicab, and displays
the appropriate registration as well as a
motor vehicle certificate of inspection
that was issued not more than thirty (30)
days before the date on the application;
178
10(2) Un TAXIMETRE pleinement fonctionnel
et calibre, programm6 conform6ment a
1' annexe « B », devra &re insta116 et en
fonction dans tous les TAXIS de la
MUNICIPALITE an plus tard le 31 mai 2016.
FERMIS DE PROPRIETAIRE DE TAXI
11(1) La demande de PERMIS DE
PROPRIETAME DE TAXI est pr&sent6e a
FINSPECTEUR DES TAXIS, an quartier
g6n6ral du Service de police de Saint
John situ6 au Peel Plaza, Saint John,
Nouveau - Brunswick, au moyen du
formulaire prescrit a 1'annexe « D ».
Les PERMIS DE TAXI, les vignettes
repr6sentant Fannexe « B » et les
vignettes d'identification d6livr6s
peuvent We ramass6s a cet endroit.
11(2) L'INSPECTEUR DES TAXIS d6livre a la
personne qui le demande, pour son v6hicule a
moteur, un PERMIS DE PROPRIETAIRE DE TAXI,
des vignettes d'identification et des vignettes
d6crivant Finformation contenue a
Fannexe « B » du pr6sent ARRETE, lorsqu'il est
convaincu de ce qui suit:
a) elle a v6ridiquement rempli le
formulaire de 1'annexe «D» et le lui a
remis;
b) le v6hicule est immatricul6 pour
Fann6e en cours sous le r6gime de la
Loi sur les vMicules a moteur en vue
de son utilisation comme TAXI et
affiche les preuves d'immatriculation
pertinentes ainsi qu'un certificat
d'inspection qui a 6t6 d61ivr6 trente
jours an plus avant la date de la
-25-
(c) the applicant has property damage
and public liability insurance coverage
on the motor vehicle in the name of the
registered owner of that motor vehicle
in the amount of at least $1,000,000.00
from an insurance company that is
licensed to carry on business in New
Brunswick;
(d) the certificate of insurance
evidencing the insurance coverage
stipulated pursuant to paragraph (c)
above shall also state that the insurer
shall advise the Taxicab Inspector in
writing of any changes to, or
cancellation of, the insurance coverage
not less than thirty (30) days before
such changes or cancellation are to take
effect;
(e) neither the applicant nor an officer
or a director of an applicant is
disqualified from holding a license
under this By -law;
(f) the fee in the amount of one
hundred and fifty ($150.00) dollars has
been paid;
(g) neither the applicant nor an officer
or a director of the applicant is less than
nineteen (19) years of age.
11(3) If a Taxicab is taken out of service
voluntarily or by order of the Taxicab
Inspector, all applicable processes and fees
contemplated under this By -law shall apply.
179
demande;
c) elle a obtenu, d'un assureur titulaire
d'une licence delivree par la province
du Nouveau - Brunswick, au nom du
proprietaire du vehicule a moteur, une
assurance contre les dommages
materiels et la responsabilite civile a
raison d'une somme minimale de
1 000 000 $ a 1'egard du vehicule a
moteur;
d) le certificat d'assurance qui prouve la
couverture d'assurance conformement a
1'alinea c) plus haut doit aussi indiquer
que 1'assureur doit informer, par ecrit,
1'INSPECTEUR DES TAXIS, de tout
changement ou de 1'annulation de la
couverture d'assurance, au moins trente
jours avant que les changements ou
1'annulation entrent en vigueur.
e) ni elle, ni un dirigeant ou
administrateur de son entreprise n'est
inadmissible a detenir un permis en
vertu du present ARRETE;
f) le droit de cent cinquante dollars a ete
acquitte;
g) ni elle, ni un dirigeant ou
administrateur de son entreprise ne sont
ages de moins de dix -neuf ans.
11(3) Si un TAXI est mis hors service,
volontairement ou a la demande de
1'INSPECTEUR DES TAXIS, tous les processus et
droits vises par le present ARRETE,
s' appliqueront.
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:1
Obligations of Taxicab Owner's License
Obligations
du titulaire d'un PERMIS DE
Holder
PROPRIETAIRE DE TAXI
12(1) The holder of a Taxicab Owner's
12(1) Le
titulaire d'un PERMIS DE
License shall:
PROPRIETAIRE DE TAXI:
(a) promptly notify the Taxicab
a)
remet sans delai A 1'INSPECTEUR
Inspector, in writing, as to :
DES TAXIS un avis ecrit
indiquant :
i. the name and address of
any person who will be
i. le nom et 1'adresse de
operating the Taxicab;
toute personne qui
exploitera le TAXI;
ii. the name and address of
any Taxicab Operator
ii. le nom et 1'adresse de
who has left his
tout EXPLOITANT DE
employment during the
TAXI qui a quitte son
previous week;
emploi au cours de la
semaine precedente;
iii. the particulars of any
Taxicab registration plate
iii. details de toute
which has been issued by
pl aque
plaque
the Province of New
d'immatriculation de
Brunswick for the motor
TAXI delivree par la
vehicle;
province du Nouveau -
Brunswick A 1' egard du
iv. the sale of a motor
vehicule A moteur;
vehicle which has been
used as a Taxicab.
iv. la vente d'un vehicule A
moteur qui a ete utilise
comme TAXI.
(b) ensure that the Taxicab is free of
b)
veille A ce que la carrosserie ne
soit pas endommagee et A ce
exterior body damage, and, subject to
que le TAXI soit propre tant A
weather conditions, is in a clean
1'interieur qu'A 1'exterieur, sous
condition both inside and outside;
reserve des conditions
meteorologiques;
(c) ensure that the Taxicab is seven
c)
veille A ce que le TAXI ait au
years old or newer having regard to
plus sept ans, eu egard A
paragraph 10(I)(i) hereof;
1'alinea I0(1)i);
d)
remet A 1'INSPECTEUR DES TAXIS
:1
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(d) provide the Taxicab Inspector with
une copie de chaque CERTIFICAT
a copy of each Certificate of Inspection
D'INSPECTIoN delivre a 1'egard
issued for a Taxicab within ten (10)
d'un TAXI dans les dix jours
days of receiving it;
suivant sa reception;
e) ne permet pas a un EXPLOITANT
(e) not permit a Taxicab Operator to
DE TAXI d'exploiter un ou des
operate a Taxicab or Taxicabs on his
TAXIS pour son compte pendant
behalf for more than twelve (12) hours
plus de douze heures au cours
in any twenty -four (24) hour period;
d'une periode de vingt - quatre
heures;
(f) maintain the required insurance
f) maintient 1'assurance exigee,
coverage specified in section 11 hereof
prevue a Particle 11, jusqu'a ce
until the owner ceases using the motor
qu'il cesse d'utiliser le vehicule
vehicle as a Taxicab;
a moteur comme TAXI;
(g) allow any member of the Saint
g) permet a tout membre du
John Police Force to inspect his Taxicab
Service de police de Saint John
at any reasonable time;
d'inspecter son TAXI a toute
heure raisonnable;
(h) comply with notices issued to him
h) se conforme aux avis que lui
remet un membre du Service de
by any member of the Saint John Police
police de Saint John
Force with respect to a violation of this
relativement a une infraction au
By -law.
present ARRETE.
12(2) The fee for a Taxicab Owner's License
12(2) Le droit afferent au PERMIS DE
is one hundred and fifty ($150.00) dollars.
PROPRIPETAIRE DE TAXI est de cent cinquante
dollars.
12(3) A Taxicab Owner's License issued
12(3) Un PERMIS DE PROPIUETAIRE DE TAXI,
under this By -law expires at 11:59p.m. on May
delivre en vertu du present ARRETE, expire a
31 st of the following year provided that at all
23 h 59 le 31 mai de Fannee suivante, pourvu
times the Taxicab in question has a
que ledit TAXI soit, en tout temps, pourvu
valid/unexpired motor vehicle registration
d'une immatriculation pour vehicule a moteur
under the Motor Vehicle Act.
qui est valide et qui nest pas expiree,
conformement a la Loi sur les vehicules a
moteur.
181
INZ
182
12(4) A Taxicab Owner whose Taxicab
12(4) Le PROPRIATAIRE DE TAXI dont le
Owner's License has been lost or accidentally
PERMIS DE PROPRIETAME DE TAXI a &t& perdu
destroyed shall, if he wishes to continue using
ou d&truit accidentellement et qui desire
the vehicle as a Taxicab, obtain a replacement
continuer a utiliser le v&hicule comme TAXI
from the Taxicab Inspector upon the payment
obtient un nouveau permis de FiNSPECTEUR
of a $15.00 fee.
DES TAXIS sur paiement des frais de quinze
dollars.
12(5) A Taxicab Owner's License may, upon
12(5) Sur paiement des frais de quinze dollars
the payment of a $15.00 fee to the Taxicab
a 1'INSPECTEUR DES TAXIS, le PERMIS DE
Inspector, be transferred to a person who is not
PROPRIETAIRE DE TAXI peut &tre transfer& a une
disqualified from holding a license under this
personne qui nest pas inadmissible a d&tenir
By -law and has been approved for a Taxicab
un permis en vertu du pr &sent ARRATA et qui a
Owner's License by the Taxicab Inspector.
obtenu 1'autorisation de FINSPECTEUR DES
TAXIS a d &tenir un PERMIS DE PROPRIATAIRE DE
TAXI.
Refusal to Issue, Suspension and Revocation
Refus de delivrer un permis et suspension et
of License
revocation des permis
13. The Taxicab Inspector, after having
13. Apr &s avoir donn& a la personne la
given the person an opportunity to appear
possibilit& de comparai'lre devant lui afin de
before him to refute the information that the
r&futer les renseignements dont it est saisi,
Taxicab Inspector has before him, shall:
1'INSPECTEUR DES TAXIS :
a) refuse de d&livrer un permis a
(a) refuse to issue a license to a person
une personne qui est
who is disqualified from obtaining or
inadmissible a obtenir ou a
holding a license under this By -law;
d&tenir un permis en vertu du
pr &sent ARRATA;
(b) suspend the license of a person
who refuses or fails to comply with a
b) suspend le permis dune
personne qui refuse ou omet de
notice issued by any member of the
se conformer a Favis que lui a
Saint John Police Force to comply with
remis un membre du Service de
this By -law. The suspensions shall be
police de Saint John
three (3) consecutive business days
relativement a une infraction au
upon a first refusal or failure, five (5)
pr &sent ARRETA. La dur &e d'une
consecutive business days for a second
suspension est de trois jours
ouvrables cons&cutifs en cas de
refusal or failure, and seven (7)
premier refus ou omission, de
consecutive business days for a third or
cinq jours ouvrables cons&cutifs
subsequent refusal or failure. For the
en cas de deuxi &me refus ou
182
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purposes of this By -law a business day
omission, et de sept jours
is any day other than a Saturday or a
ouvrables consecutifs en cas de
Sunday or one of the holidays set out in
refus ou d'omission
the New Brunswick Days of Rest Act;
subsequents. Aux fins du
present ARRETE, un jour
ouvrable s'entend de toute
journee autre qu'un samedi, un
dimanche ou un j our ferie
mentionne dans la Loi sur les
jours de repos du Nouveau -
Brunswick;
(c) cancel the license of any person
c) annule le permis de toute
who is or becomes disqualified from
personne qui est ou devient
inadmissible a obtenir ou a
obtaining or holding a license under this
detenir un permis en vertu du
By -law by virtue of any reason
present ARRETE pour toute
identified in section 5 hereof;
raison mentionnee a Particle 5;
(d) upon the refusal, suspension or
d) en cas de refus, de suspension
cancellation of a license provide the
ou d'annulation d'un permis,
person with a written notice which sets
remet a la personne visee un
avis ecrit enongant les motifs de
out the reasons for the decision.
la decision.
Judicial Review
Appel
14. A person who has had his application
14. La personne dont la demande de permis
for license refused by the Taxicab Inspector or
a ete refusee par 1'INSPECTEUR DES TAXIS, ou
has had his license suspended, cancelled or
dont le permis a ete suspendu, annule ou
revoked by the Taxicab Inspector, may apply to
revoque par ce dernier, peut interjeter appel de
the Court of Queen's Bench of New Brunswick
l'avis ecrit mentionne a l'alinea 13d), a la Cour
for Judicial Review of the written notice
du Banc de la Reine du Nouveau - Brunswick,
identified in paragraph 13(d) hereof within
dans les trente jours suivant la signification
thirty (30) days of the service or deemed
reelle ou reputee de 1'avis de FINSPECTEUR DES
service of the Taxicab Inspector's written
TAXIS.
notice upon him.
183
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.,
Taxicab Standbys
POSTES DE TAXIS
15(1) Any Taxicab Operator whose Taxicab is
15(1) L'EXPLOITANT DE TAXI dont les
available for hire on the basis that the fare will
services sont offerts contre remuneration a la
be paid at the end of the trip may take a
fin de la course peut occuper un emplacement
position in a Taxicab Standby when there is a
inoccup& dans un POSTE DE TAXIS.
vacancy.
15(2) A Taxicab Operator entering a Taxicab
15(2) L'EXPLOITANT DE TAXI qui entre dans
Standby shall take the position at the rear of the
un POSTE DE TAXIS prend 1'emplacement a
last Taxicab in the Taxicab Standby.
1'arri &re du dernier TAXI dans le poste.
15(3) Only the Taxicab that is in the front
15(3) Seul le TAXI qui se trouve dans
position at a Taxicab Standby shall accept
1'emplacement a 1'avant du POSTE DE TAXIS
passengers.
accepte des voyageurs.
15(4) A Taxicab shall leave a Taxicab
15(4) L'EXPLOITANT DE TAXI quitte le POSTE
Standby as soon as it has accepted a passenger.
DE TAXIS des qu'il a accept& un voyageur.
15(5) All Taxicabs in a Taxicab Standby shall
15(5) Les TAXIS qui se trouvent dans un
move ahead when a Taxicab that is in front
POSTE DE TAXIS avancent des que le TAXI qui
leaves.
est en avant quitte le poste.
15(6) No Taxicab Owner or Taxicab Operator
15(6) Il est interdit an propri&taire on a
shall use a Taxicab Standby as a feeder for a
1'EXPLOITANT DE TAXI d'utiliser un POSTE DE
stand that is located on private property.
TAXIS comme point d'alimentation pour un
poste situ& sur une propri &t& priv &e.
15(7) No Taxicab Operator in a Taxicab
15(7) Aucun EXPLOITANT DE TAXI se trouvant
Standby shall leave his Taxicab unattended in a
dans un POSTE DE TAXIS ne laisse son v &hicule
Taxicab Standby or hinder or attempt to hinder
sans surveillance ni n'empeche ou ne tente
another Taxicab from leaving a Taxicab
d'empecher un autre TAXI de quitter le poste.
Standby.
Taxicab Advisory Committee
COMITE consultatif en matiere de taxis
16(1) The Committee is hereby established
16(1) Le COMITE est &tabli par 1' 6diction du
upon enactment of this By -law. The Taxi
present AxxETE. Le COMITE consultatif en
Advisory Committee as it existed prior to the
mati &re de TAXIS, tel qu'il existait avant
enactment of this By -law ceases to exist upon
1' 6diction du present ANTE, cesse d'exister
such enactment and Common Council shall
des son &diction et le CONSEIL COMMUNAL
forthwith appoint and populate the Committee
nomme imm&diatement les membres du
.,
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pursuant to the requirements of this section of
coMITE en vertu des exigences prevues dans
the By -law. The Committee shall promote and
cet article du present ARRETE. Le COMITE doit
encourage service to the public,
promouvoir et encourager le service au public,
professionalism, and the interests of the
le professionnalisme ainsi que les interets de
Taxicab industry.
l'industrie du TAXI.
16(2) The Committee shall consist of seven
16(2) Le comite se compose de sept membres
(7) members who shall be appointed by
que nomme le CONSEIL COMMUNAL, selon les
Common Council and shall consist of:
modalites suivantes :
(a) the Taxicab Inspector, who shall be
a) un INSPECTEUR DES TAXIS, qui
a non - voting ex- officio member of the
devrait &re un membre d'office du
Committee;
COMITE, sans droit de vote;
(b) two (2) citizens who are not
b) deux citoyens qui ne jouent aucun
involved in the Taxicab industry and
have not been involved in it during the
role dans 1'industrie du TAXI et qui
five (5) years prior to their appointment;
n'y ont joue aucun role au cours des
cinq annees precedant leur
nomination;
(c) one (1) person who holds a valid
c) une personne qui detient un PERMIS
Taxicab Owner's License;
DE PROPRIETAIRE DE TAXI valide;
(d) one (1) person who holds a valid
d) une personne qui detient un PERMIS
Taxicab Operator's License;
D'EXPLOITANT DE TAXI valide;
(e) one (1) person who holds either
e) une personne qui detient soit un
a valid Taxicab Operator's License or a
PERMIS D'EXPLOITANT DE TAXI
valid Taxicab Owner's License;
valide ou un FERMIS DE
PROPRIETAME DE TAXI valide;
(f) one (1) member of Common Council
f) un membre du CONSEIL COMMUNAL
of the City of Saint John;
de la MUNICIPALITE Saint John;
(g) one (1) member appointed from the
g) un membre nomme par la
Hospitality /Business Community.
Communaute du tourisme ou par le
milieu des affaires.
16(3) The members of the Committee shall be
16(3) Les membres du COMITE sont nommes
appointed for such term as Common Council
par le CONSEIL COMMUNAL a titre amovible
may direct and shall hold office at the pleasure
pour la periode que fixe le conseil.
of Common Council.
185
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:.
16(4) A member who is absent from three (3)
16(4) Le membre qui s'absente sans motif
consecutive meetings of the Committee without
valable, de trois reunions consecutives du
cause shall be deemed to have resigned.
CoMITE, est repute avoir demissionne.
16(5) Should a vacancy occur on the
16(5) En cas de vacance au sein du COMITE,
Committee for any reason other than the
pour un motif autre que 1'expiration du mandat
expiration of the term of a member, the
d'un membre, le CONSEIL COMMUNAL nomme
Common Council shall, within thirty (30) days
un remplagant dans les trente jours suivant un
of notification thereof, appoint a person to fill
avis en ce sens, et la personne ainsi nommee
the vacancy, and the person so appointed shall
occupe le poste pour le reste du mandat du
hold office for the remainder of the term of the
membre ainsi remplace.
member who is being replaced.
16(6) The Committee may make
16(6) Le COMITE peut presenter des
recommendations to Common Council
recommandations au CONSEIL COMMUNAL au
respecting:
sujet
(a) the setting of license fees;
a) des droits de permis;
(b) the role of the Taxicab industry;
b) du role de 1'industrie du TAXI;
(c) any problems in the Taxicab
c) des problemes de l'industrie du TAXI;
industry;
(d) possible changes to by -laws and
d) des changements eventuels a
other statutes relevant to the Taxicab
apporter aux arretes et autres textes
industry, including changes respecting
legislatifs ayant une incidence sur
Schedule "B" (which shall be made by
1'industrie du TAXI, incluant des
the Committee to Common Council
changements a 1'annexe « B )> (qui
annually) and Educational
devraient etre effectues par le COMITE
Requirements.
et presentes annuellement au CONSEIL
COMMUNAL), et aux EXIGENCES EN
MATIERE D'EDUCATION.
16(7) The Committee shall have no power to
16(7) Le COMITE n'a pas le pouvoir de
resolve or mediate in individual disputes within
trancher les litiges individuels se produisant au
the Taxicab industry.
sein de l'industrie du TAXI ou d'agir comme
mediateur dans de tels litiges.
16(8) The first members of the Committee
16(8) Les premiers membres du COMITE se
shall meet within thirty (30) days of their
reunissent dans les trente jours suivant leur
appointments to elect one of their members to
nomination afin d'elire 1'un d'entre eux A titre
be the Chairman. The members shall thereafter
de president. Par la suite, les membres se
:.
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meet in January of each year to elect a
reunissent au mois de janvier afin d'&lire le
Chairman for the coming year. The members
president de Fannee suivante. Les membres se
shall also meet at such other times the
reunissent &galement aux autres moments ou le
Chairman may call to conduct the business of
president convoque une reunion pour
the Committee.
1'expedition des affaires du coMiTE.
16(9) The Committee shall record what is said
16(9) Le CoMITE enregistre les deliberations
at its meetings with a sound recording machine
tenues au cours de ses reunions a Faide d'un
and the person operating the sound recording
appareil d'enregistrement sonore et la personne
machine shall certify that the recording is an
qui fait fonctionner 1'appareil atteste que
accurate record of that meeting.
1'enregistrement reproduit fid&lement les
deliberations.
16(10) The Committee may make rules for the
16(10) Le CoMITE peut adopter des regles pour
conduct of its business.
1'exp&dition de ses affaires.
Offences
Infractions
17(1) A person who violates a provision of
17(1) Quiconque contrevient au present
this By -law commits an offence and is liable
ARRETE est coupable d'une infraction et
upon conviction to a fine of not less than One
passible, sur declaration de culpabilite, d'une
Hundred and Forty ($140.00) Dollars and not
amende d'au moins cent quarante dollars et
more than Two Thousand One Hundred
d'au plus deux mille cent dollars.
($2,100.00) Dollars.
17(2) The Taxicab Inspector and the Common
17(2) L'INSPECTEUR DES TAXIS et le greffier
Clerk are designated and authorized to lay
communal sont les personnel designees pour
Information in the Provincial Court with
deposer des denonciations devant la Cour
respect to violations of this By -law.
provinciale a 1' &gard des infractions au present
ARRfTE et soot autorises a le faire.
17(3) A person who has committed a violation
17(3) Toute personne ayant contrevenu au
of a provision of this By -law may, not later
present ARRETE peut, au plus tard soixante-
than seventy -two (72) hours prior to the time
douze heures avant la date fix&e pour
set for a court hearing, pay the Cashiers Office
Faudience du tribunal, payer au bureau du
in City Hall the minimum fine prescribed
caissier de 1'H6tel de ville, 1'amende minimale
herein and upon such payment he is not to be
prescrite au present ARRETE et, des ce
prosecuted or further prosecuted for that
paiement, elle ne peut faire Fobjet d'autres
offence.
poursuites a 1'&gard de cette infraction.
Repeal
Abrogation
18 A By -law of the City of Saint John
18 L'ARRETE de The City of Saint John
enacted on the fifth day of July, 2004 entitled
edict& le 5 juillet 2004 et intitule Arrete portant
187
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"A By -law Respecting The Regulation and
reglementation des activites des proprietaires
Licensing of Owners and Operators of Taxicabs
et exploitants de voitures -taxis et de Voctroi de
in the City of Saint John" and all amendments
permis aux proprietaires et exploitants de taxis
thereto is repealed on the coming into force of
dans The City of Saint John, ensemble ses
this By -law.
modifications, est abroge des Fentree en
vigueur du present ARRETE.
IN WITNESS WHEREOF the City of Saint
EN FOI DE QUOI The City of Saint John a
John has caused the Corporate Common Seal of
fait apposer son sceau communal sur le present
the said City to be affixed to this By -law the
ARRETE le 2015, avec les
day of , A.D. 2015 and signed by:
signatures suivantes
Mayor/Maire
Common Clerk/Greffier communal
First Reading
-
Premiere lecture
-
Second Reading
-
Deuxieme lecture
-
Third Reading
-
Troisieme lecture
-
IRU
-35-
SCHEDULE « A))
-36-
SCHEDULE « B))
There shall be a Centrodyne brand Taxicab Meter installed in every Taxicab in the City
that shall be calibrated and used to calculate Metered Rates in accordance with the
parameters prescribed in this Schedule to the By -law.
Initial Fee: Three Dollars ($3.00) for the first 67 meters of travel
(67 meters = 1/24 mile)
Distance Rate: Eleven Cents ($0.11) for every 67 meters of travel
following the Initial Fee (this amounts to One Dollar and
Sixty Four Cents ($1.64) per kilometre of travel)
Waiting Rate: Eight and Three - Tenths of One Cent ($0.083) for the
passage of every Ten (10) second period that elapses when
the speed of the Taxicab falls below Twenty (20)
kilometres per hour (KPH).
Additional Passenger: One Dollar ($1.00) per person aged Six (6) Years and over.
Hourly Rate: Fifty Dollars ($50.00) (Taxicab Meter off) by arrangement
between the Taxicab Owner /Taxicab Operator and
passenger(s).
Contract Rate: By Taxicab Meter with contract discount by arrangement
between Taxicab Owner /Taxicab Operator and client.
Note: No additional fees or charges may be levied for Baggage
Handling or for After Hours/Holiday service.
190
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ANNEXE « B »
Un TAXIMETRE de marque Centrodyne, calibre et utilise pour calculer les tarifs
conformement aux parametres 6tablis dans la pr6sente annexe de 1'ARRETE, sera installe
dans chaque TAXI operant dans la MUNICIPALITE.
Tarif de depart : Trois dollars (3 $) pour les premiers 67 metres du trajet.
(67 metres = 1/24 mile)
Tarif selon la distance parcourue : Onze cents (0,11 $) pour chaque 67 metres du trajet
parcourus suivant le tarif de depart (ceci equivaut a un
dollar et soixante- quatre cents (1,64 $) par kilometre
parcouru).
Tarif lors de 1'attente : Huit et trois dixiemes de cent (0,083 $) pour chaque
p6riode de dix secondes 6coul6es lorsque la vitesse du TAXI
est reduite en delta de vingt kilometres a 1'heure (km /h).
Passager additionnel : Un dollar (1 $) par passager age de six ans et plus.
Tarif horaire : Cinquante dollars (50 $) (TAXiMETRE 6teint) par entente
entre le PROPRIETAIRE DU TAXI et /ou 1'EXPLOITANT DU TAXI
et le ou les passagers.
Tarif contractuel : Par TAXIMETRE avec un rabais contractuel selon une
entente entre le PROPRIETAIRE DU TAXI et /ou 1'EXPLOITANT
DU TAXI et le client.
Note : Aucun frais additionnel ne doit titre perqu pour la
manutention des bagages ou pour le service offert apres les
heures regulieres ou lors de cong6s f6ries.
191
MMM
SCHEDULE « C »
1 Saint John Police Force
�C +, mow'
Taxi Division
The City of Saint John
Application - Taxicab OPERATOR License
Side A
To be Completed by Applicant:
NEW RENEWAL
Name in Full
(Please Print):
Date of
Birth:
Year /Month /Day
NB Driver's License No.
& Class:
Birth
Name:
Telephone: (W (Cel
(H) ): 1):
Social Insurance
Number:
Number of Years Driving Experience (with NB Driver's License, or other
identified province, country):
Present
Address:
Postal
Code:
Have you ever been convicted of any criminal offence(s) in the past 5 years? If "YES"
explain the nature of offence
in the space provided below:
N Y
O E
S
192
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Signature of Applicant Date of Application
NOTE: Disqualification from obtaining a license if Applicant, within five (5) years
prior, has been convicted of:
1) an indictable offence under the Criminal Code of Canada; or
2) an offence of trafficking a narcotic or possessing a narcotic or importing a narcotic,
contrary to the Controlled Drug & Substances Act; or
an offence of trafficking in a controlled or restricted drug or possession for the
3) purpose of trafficking in a controlled or restricted drug, contrary to the Food and
Drugs Act of Canada; or
4) an offence involving liquor contrary to Section 132 of the Liquor Control Act of New
Brunswick;
Or within two (2) years prior, has been convicted of:
1) a summary conviction offence under the Criminal Code of Canada; or
an offence under the Controlled Drug & Substances Act or the Food and Drugs Act
2) of Canada or the Liquor Control Act of New Brunswick other than an offence
mentioned above.
193
Application - Taxicab OPERATOR License
01 ro 0-11
To be Reviewed by Applicant:
It is the responsibility of the Applicant to complete the Form correctly.
CHECKLIST:
Please complete all documents prior to submitting Application Package to the Saint John
Police Force Taxi Licensing Office.
Check off boxes to ensure your Application can be processed.
0
D
Be at least 19 years of age
Side A completed - Taxicab OPERATOR License Application — completed by
Applicant
Taxicab Company Authorization Form — completed by company and Applicant
Criminal Record Check documentation
Class 4 New Brunswick Driver's License (Class 1, 2 or 3 / 4 also qualify) —
photocopy in package
One government ID (Medicare, Birth Certificate, Passport or Social Insurance) —
photocopy in package
Review Checklist
Present completed Application Package in person to the Saint John Police Force —
ONE Peel Plaza
NOTE: Upon approval of the application, applicant will be contacted by the Saint
John Police Force Taxi Licensing Office within 7 -10 business days, for an
appointment for issuance. Payment and photo will be completed at this time.
The above applicant
is:
Office Use Only
APPROV
ED
194
DENTE
D
-41 -
Taxi
Inspector:
Date of
Issuance:
Received payment Receipt
#:
195
-42-
ANNEXE « C »
_73 Service de police de Saint John
Division des taxis =
The City of Saint John
Demande de permis — EXPLOITANT de taxi
Cote A
A remplir par Pauteur de la demande :
❑ NOUVELLE ❑ RENOUVELLEMENT
Nom au complet
(Caracteres
d'imprimerie)
Date de
naissance
Annee /mois /jour
No de permis de
conduire du N. -B. et
classe de permis :
Telephone
(M)
Nom a la
naissance
(T)
Numero d'assurance
sociale :
(Cell):
Nombre d'annees d'experience de conduite (avec un permis de conduire du
N. -B., autre province ou autre pays):
Ad resse
actuelle
Code
postal
Avez -vous ete reconnu coupable d'une quelconque infraction criminelle au cours des cinq
dernieres annees? Si oui, veuillez expliquer la nature de ('infraction dans 1'espace prevu
plus bas :
196
-43-
Signature de I'auteur de la demande Date de la demande
NOTE : II y a inadmissibilite a obtenir un permis si I'auteur de la demande a, au cours
des cinq annees precedentes, ete reconnu coupable :
1) d'un acte criminel en vertu du Code criminel du Canada; ou
2) d'une infraction de trafic ou de possession ou d'importation de stupefiants en
contravention a la Loi reglementant certaines drogues et autres substances; ou
d'une infraction de trafic ou de possession dans le but de faire le trafic d'une drogue
3) controlee ou d'une drogue d'usage restreint, en contravention a la Loi sur les
aliments et drogues du Canada; ou
4) d'une infraction relative a I'alcool, en contravention a I'article 132 de la Loi sur la
reglementation des alcools du Nouveau - Brunswick ;
ou au cours des deux annees precedentes, a ete condamne pour:
1) une infraction punissable sur declaration de culpabilite par procedure sommaire en
vertu du Code criminel du Canada; ou
une infraction en vertu de la Loi reglementant certaines drogues et autres
2) substances ou de la Loi sur les aliments et drogues du Canada ou de la Loi sur la
reglementation des alcools du Nouveau - Brunswick, autre qu'une infraction
mentionnee plus haut.
197
N
O
O
U
N
I
Signature de I'auteur de la demande Date de la demande
NOTE : II y a inadmissibilite a obtenir un permis si I'auteur de la demande a, au cours
des cinq annees precedentes, ete reconnu coupable :
1) d'un acte criminel en vertu du Code criminel du Canada; ou
2) d'une infraction de trafic ou de possession ou d'importation de stupefiants en
contravention a la Loi reglementant certaines drogues et autres substances; ou
d'une infraction de trafic ou de possession dans le but de faire le trafic d'une drogue
3) controlee ou d'une drogue d'usage restreint, en contravention a la Loi sur les
aliments et drogues du Canada; ou
4) d'une infraction relative a I'alcool, en contravention a I'article 132 de la Loi sur la
reglementation des alcools du Nouveau - Brunswick ;
ou au cours des deux annees precedentes, a ete condamne pour:
1) une infraction punissable sur declaration de culpabilite par procedure sommaire en
vertu du Code criminel du Canada; ou
une infraction en vertu de la Loi reglementant certaines drogues et autres
2) substances ou de la Loi sur les aliments et drogues du Canada ou de la Loi sur la
reglementation des alcools du Nouveau - Brunswick, autre qu'une infraction
mentionnee plus haut.
197
Demande de permis — EXPLOITANT de taxi
AMM-13
A lire par I'auteur de la demande :
II incombe a I'auteur de la demande de remplir le formulaire correctement.
LISTE DE CONTROLE :
Veuillez remplir tous les documents avant de remettre la trousse de demande au bureau
des permis de taxis du Service de police de Saint John.
Cochez les cases afin de vous assurer que votre demande puisse etre traitee.
0
n
D
Etre age d'au moins 19 ans
Cote A rempli — Demande de permis d'EXPLOITANT de taxi — rempli par I'auteur
de la demande
Formulaire d'autorisation de la compagnie de taxi — rempli par la compagnie et par
I'auteur de la demande
Documentation associee a la verification du casier judiciaire
Permis de conduire du Nouveau - Brunswick de classe 4 (classes 1, 2 ou 3 / 4 sont
aussi admissibles) — photocopie dans la trousse
Une piece d'identite emise par le gouvernement (assurance- maladie, acte de
naissance, passeport ou assurance sociale) — photocopie dans la trousse
Verifier la Iiste de controle
Remettre en personne la trousse de demande remplie au Service de police de
Saint John — UN Peel Plaza
NOTE : Une fois la demande de permis approuvee, I'auteur de la demande sera
contacte par le bureau des permis de taxis du Service de police de Saint John,
dans les 7 a 10 jours ouvrables, pour prendre rendez -vous pour la delivrance
du permis. Le paiement sera effectue et la photo sera prise a ce moment.
L'auteur de la
demande ci -haut est
Reserve a /'usage interne
APPRO U
VE
.;
REFUS
E
-45-
Inspecteur
des taxis :
Date de
delivrance
Paiement regu N° du
regu :
199
.,
SCHEDULE « D »
Saint John Police Force
r
The OW of Saint john
Application — Taxicab VEHICLE OWNER License
Side A
To be Completed by Applicant:
0 NEW 0 RENEWAL
H Plate
No.:
Ye Mak
ar: e:
Registered Owners Name (as written on MV
Registration - Please Print):
Address:
0 LIMOUSINE
Mod Colo
el: ur:
Postal
Code:
Date of Telephone: (W (Cel
Birth: (H) ): 1):
Year /Month /Day
NOTE: If the Registered Owner is an incorporated company, all officers and /or
directors of the said company
must be listed. If more than one owner, please attach an additional sheet for each
officer /director.
Name in Full
(Please Print):
Date of
Birth:
Year /Month /Day
Have you ever been convicted of any criminal offence(s) in the past 5 years? If "YES"
explain the nature of offence
in the space provided below:
N Y
O E
S
Me]
-47-
Signature of Applicant Date of Application
NOTE: Disqualification from obtaining a license if Applicant, within five (5) years
prior, has been convicted of:
1) an indictable offence under the Criminal Code of Canada; or
2) an offence of trafficking a narcotic or possessing a narcotic or importing a narcotic,
contrary to the Controlled Drug & Substances Act; or
an offence of trafficking in a controlled or restricted drug or possession for the
3) purpose of trafficking in a controlled or restricted drug, contrary to the Food and
Drugs Act of Canada; or
4) an offence involving liquor contrary to Section 132 of the Liquor Control Act of New
Brunswick;
Or within two (2) years prior, has been convicted of:
1) a summary conviction offence under the Criminal Code of Canada; or
an offence under the Controlled Drug & Substances Act or the Food and Drugs Act
2) of Canada or the Liquor Control Act of New Brunswick other than an offence
mentioned above.
201
Application — Taxicab VEHICLE OWNER License
001 ro 0.11
To be Reviewed by Applicant:
It is the responsibility of the Applicant to complete the Form correctly.
CHECKLIST:
Please complete all documents prior to submitting Application Package to the Saint John
Police Force Front Desk — ONE Peel Plaza.
Check off boxes to ensure your Application can be processed.
D
a
0
D
F-1
0
Be at least 19 years of age
Side A completed - Taxicab VEHICLE OWNER License Application — completed
by Applicant
Taxicab Company Authorization Form — completed by company and Applicant
Criminal Record Check documentation
Driver's License or Picture ID with embedded signature — photocopy in package
One government ID (Medicare, Birth Certificate, Passport or Social Insurance) —
photocopy in package
Vehicle Registration — photocopy in package
Vehicle Insurance — wallet size AND policy showing $1,000,000 liability insurance
coverage - photocopy in package
Motor Vehicle Inspection Certificate — photocopy in package
Review Checklist
Present completed Application Package in person to the Saint John Police Force —
ONE Peel Plaza
NOTE: Upon approval of the application, applicant will be contacted by the Saint
John Police Force Taxi Licensing Office within 7 -10 business days, for an
appointment for issuance. Payment and inspection will be completed at this time.
The above applicant
is:
Office Use Only
APPROV
ED
202
DENTE
D
.•
Taxi
Inspector:
Date of
Issuance:
Received payment Receipt
#:
203
-50-
ANNEXE « D »
4 Service de police de Saint John d
r' I lit
-
Demande de permis — PROPRIETAIRE DE TAXI The City of Saint john
Cote A
A etre rempli par I'auteur de la demande :
F-1 NOUVELLE F-1 RENOUVELLEMENT [—] LIMOUSINE
N° de An Mar Mod Coul
plaque nee que ele : eur
de type
H:
Nom du proprietaire (tel qu'inscrit sur I'immatriculation
du vehicule a moteur — en caracteres d'imprimerie)
Ad resse :
Date de
naissance
Annee /mois /jour
Telephone
(M)
Code
postal
(T) (Cel
NOTE: Si le proprietaire est une compagnie constituee en corporation, tous les
dirigeants et /ou les administrateurs de ladite compagnie doivent etre enumeres. S'il y a
plus d'un proprietaire, veuillez joindre une feuille supplementaire pour chaque dirigeant
ou administrateur.
Nom au complet
(en caracteres
d'imprimerie) :
M
Date de
naissance
-51-
Annee /mois /jour
Avez -vous ete reconnu coupable d'une quelconque infraction criminelle au cours des
cinq dernieres annees? Si « OUI », veuillez expliquer la nature de ('infraction dans
I'espace prevu plus bas :
N O
O U
N I
Signature de I'auteur de la demande Date de la demande
NOTE : II v a inadmissibilite a obtenir un permis si I'auteur de la demande a, au cours
des cing annees precedentes, ete reconnu coupable :
1) d'un acte criminel en vertu du Code criminel du Canada; ou
2) d'une infraction de trafic ou de possession ou d'importation de stupefiants en
contravention a la Loi reglementant certaines drogues et autres substances; ou
d'une infraction de trafic ou de possession dans le but de faire le trafic d'une
3) drogue controlee ou d'une drogue d'usage restreint, en contravention a la Loi sur
les aliments et drogues du Canada; ou
4) d'une infraction relative a I'alcool, en contravention a I'article 132 de la Loi sur la
reglementation des alcools du Nouveau-Brunswick;
Ou au cours des deux annees precedentes, a ete condamne pour:
1) une infraction punissable sur declaration de culpabilite par procedure sommaire en
vertu du Code criminel du Canada; ou
une infraction en vertu de la Loi reglementant certaines drogues et autres
2) substances ou de la Loi sur les aliments et drogues du Canada ou de la Loi sur la
reglementation des a /cools du Nouveau - Brunswick, autre qu'une infraction
mentionnee plus haut.
205
-52-
Demande de permis — PROPRIETAIRE DE TAXI
AMM-13
A etre rempli par I'auteur de la demande :
II incombe a I'auteur de la demande de remplir le formulaire correctement.
LISTE DE CONTR61LE :
Veuillez remplir tous les documents avant de remettre la trousse de demande a la
reception du Service de police de Saint John — UN Peel Plaza.
Cochez les cases afin de vous assurer que votre demande puisse etre traitee.
0
0
0
D
a
0
Etre age d'au moins 19 ans
Cote A rempli — Demande de permis de PROPRIETAIRE de taxi — rempli par
I'auteur de la demande
Formulaire d'autorisation de la compagnie de taxi — rempli par la compagnie et par
I'auteur de la demande
Documentation associee a la verification du casier judiciaire
Permis de conduire ou une piece d'identite avec photo et signature — photocopie
dans la trousse
Une piece d'identite emise par le gouvernement (assurance - maladie, acte de
naissance, passeport ou assurance sociale) — photocopie dans la trousse
Immatriculation du vehicule — photocopie dans la trousse
Police d'assurance du vehicule — format portefeuille ET une police d'assurance
responsabilite civile de 1 000 000 $ — photocopie dans la trousse
Certificat d'inspection du vehicule a moteur — photocopie dans la trousse
Verifier la Iiste de controle
Remettre en personne la trousse de demande remplie au Service de police de
Saint John — UN Peel Plaza
NOTE : Une fois la demande de permis approuvee, I'auteur de la demande sera
contacte par le bureau des permis de taxis du Service de police de Saint John,
dans les 7 a 10 jours ouvrables, pour prendre rendez -vous pour la delivrance
du permis. Le paiement et ('inspection seront effectues a ce moment.
206
L'auteur de la
demande ci -haut est :
Inspecteur
des taxis:
nPaiement requ
-53-
Reserve a /'usage interne
APPROU
VE
N° du
requ :
207
Date de
delivrance
REFUS
E
REPORT TO COMMON COUNCIL
M &C 2015 -xxx
June 22, 2015
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
P/aySJ — Neighbourhood Playground 2015 Implementation Plan
BACKGROUND
The City of Saint )ohn
In January 2014 Council adopted PlaySJ as their guiding plan for delivery of recreational services to align with
directions for growth set out in P/anSJ, the city's Municipal Plan. There were several key themes in P/aySJ
including:
■ a focus on quality of facilities over quantity;
■ increased focus on cooperation and coordination with school districts on recreational spaces; and
■ a community development approach to maintaining and sustaining neighbourhood recreational
infrastructure.
In November of 2014 staff provided an update to Council on the overall program to right -size playgrounds
and committed to return to Council with a priority list for 2015. As a follow -up, this report provides the
proposed action plan for the right- sizing of neighbourhood playgrounds in 2015.
SUMMARY of P1aySJ Implementation Efforts:
Since the adoption of P /aySJ, Council has supported advancing significant efforts to implement this
community recreation plan. Some of the highlights of these achievements to date include:
■ Reduction in number of ballfields from 30 to 16 in order to increase the quality;
■ Consolidation of multi -use sportsfields from 25 to 16 (including School fields) to increase the quality
of the facilities;
■ Development of service level standards for field maintenance in 2013 based on best practices which
resulted in a significant improvement in quality
■ Entered into service agreement with ONE Change for the operation of the Nick Nicolle Community
Centre to support the transition away from direct programming and implement a sustainable model
for community centre development;
■ Transition of Recreation staff from direct programming to a community development service model;
M.*
Report to Common Council
Neighbourhood Playground 2015 Implementation Plan
M &C 2015 -xxx
Page 2 of 6
■ Decommissioned the Somerset Community Centre and are currently working with local partners on
other methods of alternative service delivery for the neighbourhood;
■ Followed the community development model successfully to re- develop a number of local
greenspaces including:
o Pte. David Greenslade Peace Park in Millidgeville,
o Larche Memorial Park in Quinton Heights,
o Milford trails and ballfield improvements,
o Jervis Bay Ross Memorial Park,
o Silver Falls ballfield repurposing, and
o New community gardens at Shamrock Park, Carleton Community and Crescent Valley.
■ Negotiated a partnership with Emera New Brunswick to build a new artificial turf field at Shamrock
Park which was successfully installed in the summer of 2014;
■ Introduction of the new Community Grants application process in January of 2015;
• Used the lens of PlaySJ to direct limited capital budgets into improvements at regional and district
level facilities (ballfield complex improvements, Queen's Square improvements and Harbour Passage
improvements in 2015, etc...)
■ Launched the Green Machine in the summer of 2015 to support community based beautification
efforts; and
■ Launched the Passport to Parks program in the summer of 2014 to showcase the City's regional and
district level parks.
PROPOSED NEIGHBOURHOOD PLAYGROUND 2015 IMPLEMENTATION PLAN
The next step in implementation of PIaySJ involves the development and implementation of the action plan
to start the process of right- sizing the number of playgrounds across the community. At this time, it is
proposed to close the following seven playgrounds and tot lots as the first phase of this program to right -size
this recreation infrastructure. The following is an analysis and description of each proposed site with specific
area mapping provided in Appendix A:
Loch Lomond Community Centre Playground
PID 00354696
This playground is located at the site of the former Loch Lomond Community Centre (21 Saint Martins Road)
which was torn down in 2013. The equipment consists of a single swing set and two see -saws, both over 30
years old and a fenced in basketball court on the site, in poor condition. The site itself is located outside the
Primary Development Area (PDA), in the Rural area of the community, beyond a Rural Settlement Area
where PIanSJ focuses future growth and growth related infrastructure. The site is in an isolated location
more than a kilometer from the nearest residential property, leaving it beyond a comfortable walking
distance for users which this type of infrastructure is intended to support.
%1■
Report to Common Council
Neighbourhood Playground 2015 Implementation Plan
M &C 2015 -xxx
Page 3 of 6
The site is also located within the Watershed Protection Area and as such, has been zoned Environmental
Protection (EP) in order to restrict the uses and limit future redevelopment. The nearest playground is
located 2.6 km away within an existing residential area, on the grounds of the Loch Lomond Elementary
School. This is a more appropriate location for a neighbourhood playground, as it provides better service to
the residents and is co- located with the local elementary school.
Given the available playground equipment at the Loch Lomond Elementary School, it is recommended the
playground equipment and the basketball area at the Loch Lomond Community Centre site be removed and
the site be referred to Real Estate and Growth & Community Development Services to review the
opportunities available with this site and provide a recommendation to Council.
Troop Street Playground
PIDs 55055230 and 00424283
This playground is located at the end of a small cul -de -sac in Millidgeville. The existing equipment dates back
to approximately 1995 and consists of a basketball court, two swing sets and a play -set, with both of the
latter pieces of equipment in need of minor repairs. The site itself is located inside the PDA in an area
designated Low to Medium Density Residential in PIanSJ, which is an area of the community where quality
recreation opportunities will become more and more important to support residential intensification efforts
over time. In terms of available recreational infrastructure in this neighbourhood, there is another
playground within approximately 670m of this site, as well as a multi - purpose field and a set of derelict
tennis courts. This recreational infrastructure is all co- located with the M. Gerald Teed Elementary School
property (which includes a Community Centre) and as such, is a better location for long -term community use
and reinvestment.
Given the close proximity and suite of existing recreational infrastructure available at M. Gerald Teed
Elementary School, it is recommended that the Troop Street playground and basketball court be removed
and the site be referred to Real Estate and Growth & Community Development Services to review the
opportunities available with this site and provide a recommendation to Council.
Taylor Avenue Playground and the Flemming Court Tot Lot
PIDs 00046359 and 00411900
The Taylor Avenue Playground and the Flemming Court tot lot are both located in the Crescent Valley
neighbourhood. The Taylor Avenue Playground is located off of Taylor Avenue, behind the old police station
that fronts onto Somerset Street. The existing equipment consists of a basketball court, two swing sets and
an unmaintained multipurpose field, all of which is considered to be in poor condition and in need of repair
or replacement. The Flemming Court tot lot is located across the street from the existing splash pad which
fronts onto Flemming Court and the existing equipment is considered to be in poor condition.
The sites themselves are located within the Primary Development Area (PDA), inside the Crescent Valley
Intensification Area, and are designated Low to Medium Density Residential and Medium to High Density
Residential in PIanSJ. As such, this is an area of the community where rationalizing and right- sizing
recreation infrastructure to support strategic investment in quality neighbourhood recreation infrastructure
is encouraged; in this neighbourhood, it has also already begun.
210
Report to Common Council
Neighbourhood Playground 2015 Implementation Plan
M &C 2015 -xxx
Page 4 of 6
Within this existing neighbourhood, there are a number of other new recreational assets including a splash
pad, a tot lot and a basketball court that are all in good or excellent condition. Furthermore, the new YMCA,
which is currently under construction and anticipated to open in the fall of this year, will bolster recreational
opportunities within close proximity for residents of this neighbourhood.
With respect to these two existing playground sites, Council previously supported the plan to decommission
these two sites and re- investing in a single new playground improvement project that would be co- located
with the existing splash pad. Approval of this proposal will support advancing this effort at a future date.
Given this, staff recommend that both the Taylor Avenue playground and the Flemming Court tot lot
equipment be removed and the sites be referred to Real Estate and Growth & Community Development
Services to review the opportunities available with these sites and provide a recommendation to Council.
Beaconsfield Park
PID 00415141
Beaconsfield Park is located on the west side of the city and consists of tennis courts, a small multi - purpose
field and some swing sets. A play set that used to be there was removed for safety reasons a few years ago.
The site itself is designated Stable Residential in PlanSJ, and as such, incremental change over time to
accommodate the needs of evolving neighbourhoods is anticipated and supported. Within close proximity of
this park, there exist a number of other similar recreational spaces with equipment that is in better shape
and co- located with Havelock Elementary School and Seaside Park. The plans for a new school on the West
side may open up further opportunities to rationalize playgrounds in the immediate vicinity which will be
explored as more information becomes available.
Given this, it is recommended that the remaining playground equipment in Beaconsfield Park be removed
and the site be site be referred to Real Estate and Growth & Community Development Services to review the
opportunities available with this site and provide a recommendation to Council.
Silver Crescent and Swanton Street Playgrounds
PIDs 00417923 and 00417527
These two playgrounds are in the Champlain Heights neighbourhood on the east side of the city. Silver
Crescent includes a swing set, a climber and a structure with two see -saws, all of which is more than 30 years
old and is in poor condition. Swanton Street playground has the same equipment, but is situated on a much
larger site and includes a large basketball court. Both of these playgrounds are within 500m of the
playground located at the Champlain Heights Elementary School. The sites themselves are designated Stable
Residential in PlanSJ, and as such, incremental change over time to accommodate the needs of evolving
neighbourhoods is anticipated and supported.
Given this, it is recommended that these playgrounds be removed and the sites be referred to Real Estate
and Growth & Community Development Services to review the opportunities available with these sites and
provide a recommendation to Council.
211
Report to Common Council Page 5 of 6
Neighbourhood Playground 2015 Implementation Plan
M &C 2015 -xxx
SURPLUS LAND OPPORTUNITIES
Approving removal of the playground equipment from these seven locations is the first step toward
rationalizing and right- sizing playground equipment across the community. It will also result in avoidance of
the costly replacement of equipment, which is all past its effective useful service life, and reduce some of the
ongoing maintenance costs associated with regular inspection and repair requirements that tend to increase
with aging equipment. In most cases, the playground properties are located in established residential
neighbourhoods and as such, until Council has made a decision with respect to the opportunities for the
community with these sites, the city will continue to provide a minimum level of maintenance, such as
mowing and litter pickup.
Besides savings on the residual maintenance on these sites, divesting of the land can offer additional benefits
such as direct revenues from any sales and ongoing tax revenues from any redevelopment. Should Council
approve the staff recommendation in this report, it is anticipated that Real Estate and Growth & Community
Development Services will be able to return to Council with recommendations for each site by this fall.
Where opportunities for the divesting of land are recommended, the process in which to follow will be
provided for at that time, as will the cost savings associated with such an option. This first phase of
recommended playground closures does not affect land that is Land for Public Purpose (LPP) as all of the
property identified in this first phase is city owned, private land.
COMMUNITY ENGAGEMENTI RE- PURPOSING
If Council wishes to follow a community engagement model and work with neighbouring resident groups to
re- purpose a particular space, they can direct this. An integral piece of the playground rationalization process
is the opportunity to work with the surrounding neighbourhoods to reinvest in new playground equipment
or look at opportunities to repurpose the space to suit a community's changing needs. As the City moves
forward with its playground rationalization plan, there will be cases where there are no other nearby
recreational facilities and staff would support repurposing efforts, provided they meet the criteria in PloySJ,
which includes:
■ the proposal is supported through a community initiative;
■ the community is able to leverage other funding sources; and
■ the proposal results in a significant reduction in ongoing maintenance for the city.
In cases where a neighbourhood has proposed a new playground facility where there ore nearby recreational
facilities that are comparable, there will be a balancing act required between the neighbourhoods desire and
the goals of the organization in terms of right- sizing. Where there is a proposal from a neighbourhood that
meets the criteria for consideration, staff will review it and provide a recommendation for Council as part of
the reporting back process on options with this first phase of playground sites.
212
Report to Common Council Page 6 of 6
Neighbourhood Playground 2015 Implementation Plan
M &C 2015 -xxx
RECOMMENDATION
It is recommended that Council:
1. Approve removal of the existing playground equipment as described herein;
2. Deem the following city -owned lands PIDs 00046359, 00411900, 55055230, 00424283, 00415141,
00354696, 00417527, 00417923 as surplus to the needs of the City of Saint John;
3. Refer the properties to Real Estate and Growth & Community Development Services staff to:
a. Determine the highest and best use of each property; and
b. Provide a recommendation back to Council on the opportunities for each property.
Respectfully submitted,
Michael Hugenholtz, P.Eng.
Deputy Commissioner,
Transportation and Environmental Services
Kevin Watson, BPE
Recreation Manager
Patrick Woods, CGA
City Manager
Wm. Edwards, P.Eng.
Commissioner,
Transportation and Environmental Services
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner, Growth and
Community Development Services
Attachments Loch Lomond Community Centre Playground Map
Troop Street Playground Map
Taylor Avenue Playground and Flemming Court Tot Lot Map
Beaconsfield Park Map
Silver Crescent Playground and Swanton Street Playground Map
213
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REPORT TO COMMON COUNCIL
M &C2015 -119
June 22, 2015
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Safe Clean Drinking Water Project (SCDWP) Update
BACKGROUND
The Cite of Saint John
The City of Saint John is committed to providing residents with quality drinking water.
As part of its mandate, Common Council has made safe clean drinking water a priority.
This is the reason for the Safe, Clean Drinking Water Project (SCDWP).
The City has partnered with P3 Canada and the Province of New Brunswick to deliver the
SCDWP. On November 22, 2013, the Governments of Canada and New Brunswick and P3
Canada announced a combined investment of up to $114.6 million to the City of Saint John Safe
Clean Drinking Water Project. The federal government announced it is providing up to $57.3
million non - repayable P3 Canada Fund contribution to the project while the Province of New
Brunswick is providing up to $57.3 million contribution through the Regional Development
Corporation.
In addition to a new water treatment facility to be built on a green field site, there will be a
number of other projects (large and small) designed to refurbish and upgrade the water
distribution network and water storage in the city.
The Request for Qualifications (RFQ) process last fall resulted in the selection of three qualified
proponents. The Request for Proposals (RFP) was issued to the three proponents in January of
2015.
In January, the three proponents met with local utilities and a networking session was arranged
for local contractors and businesses. Additionally, three rounds of commercially confidential
meetings (CCMs) for each proponent were held in recent months. Through the CCMs and the
Question & Answer (Q &A) process, the project team has addressed hundreds of questions and
concerns from the proponents. These activities have allowed the SCDWP team to work with the
proponents to ensure their continued commitment in the bidding process.
219
M &C2015 -119
June 22, 2015
Page 2
Seven evaluation teams of approximately twenty -one individuals (the majority being City staff
members) have been developing detailed criteria to evaluate the RFP responses. After the criteria
have been developed, each team met with a Due Diligence Committee to have it validated. While
using in -house expertise has alleviated project costs, it is important to note that, in addition to the
City's SCDW project team, staff from other service areas have made arrangements and
scheduling changes in order to support this project.
In addition to the RFP evaluation, staff from other City services have provided significant
resources to support the project. Notably, IT held a major role in the development and
implementation of a secure data room and technical set -up of the temporary evaluation space.
The permitting and inspection service have committed that the project requirements will be a
priority, thus preventing project delays during the construction period.
Staff from Transportation and Environment Services and Communications will be working
closely with the successful proponent to ensure traffic interruptions are communicated as needed.
During the construction period, traffic is expected to be impacted in areas such as Loch Lomond
Road (Villa area), Hickey Road (Loch Lomond to Heather Way) and Westmorland Road (near
the Shaarai Zedek Jewish Cemetery.) See the attached four maps of the impacted areas.
The Project Agreement addresses limits for this impact.
UPCOMING MILESTONES:
Issuance of Final Project Agreement Summer 2015
Technical Submission Deadline July 2015
Financial Submission Deadline September 2015
Approval & Notification of Preferred Proponent Fall 2015
Execution of Project Agreement End of 2015
Expected Substantial Completion Date End of 2018
ADDITIONAL CONSIDERATIONS
Ground Water
The Environmental Impact Assessment (EIA) process is expected to be completed prior to the
Technical Submission in July. The determination from the New Brunswick Department of
Environment and Local Government (NBDELG) will outline the requirements for the
environmental protection of the well -field as well as the safe operating conditions and yield.
Project consultants BGC Engineering Inc. will be presenting the groundwater component of the
SCDWP at the International Association of Hydrogeologists (IAH) annual conference, called
"AQUA2015 ", this September in Rome, Italy. This will provide the project exposure to many of
the world's leading Hydrogeologists.
220
M &C2015 -119
June 22, 2015
Page 3
CONCLUSION
The SCDWP procurement process is set to be completed on schedule. The next Steering
Committee meeting will be held October 9, 2015 after which a report will be prepared for
Council.
RECOMMENDATION
It is recommended that Common Council receive and file this report.
Respectfully submitted,
Dean Price, P.Eng.
Project Manager
J. Patrick Woods, CGA
City Manager
221
v
Wm. Edwards, P. Eng.
Commissioner — Saint John Water
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j REPORT TO COMMON COUNCIL
June 17, 2015
His Worship Mayor Mel Norton and Members of
Common Council
Your Worship and Councillors:
SUBJECT: Supplemental Funding— Priority Neighbourhoods
Background
City of Saint John
The City of Saint John has provided funding to the priority neighbourhoods through the
Neighbourhood Stimulation Grant Program since 2009. The program has focused on
supporting critical anti - poverty efforts at the neighbourhood level to help develop
capacity and create an effective voice to advocate for the needs of the residents of
these areas.
During the 2015 Budget deliberations the annual funding for the Priority Neighbourhood
program was folded into the annual grant process. Given the limited overall grant
funding available, this resulted in the funding support for the priority neighbourhoods
being reduced from $152,250 in 2014 to $94,000 in 2015.
Analysis
The attached joint correspondence from the affected Priority Neighbourhood Groups
outlines the significant negative operational and programming impact the loss of
funding will have on their operations. More importantly there is genuine concern that
the loss of funding will seriously set back the positive progress that has already been
made.
The pending closure of the Summerset Community Centre will yield approximately
$30,000 in cost savings during 2015. It is proposed that this funding be reallocated to
supplement the funding already approved for the Priority Neighbourhoods for 2015. In
addition, Canaport LNG has advised that they will contribute $10,000 to support this
program given its positive impact on the neighbourhoods.
The new funding $40,000 would be allocated to the six agencies impacted by the initial
reductions on the basis that the reduction to each would be limited to approximately
$3000 for 2015.
The reallocation will address the immediate operational concerns for 2015. However,
given the unique purpose of the Neighbourhood Stimulation Grants, their real impact on
the ground and the chronic needs of the priority neighbourhoods Council should
reconsider the merit of including of the Neighbourhood Stimulation Grant Funding in
the overall grant funding pool in 2016.
Recommendation
That the savings from the pending closure of the Summerset Community Centre and
additional funding from Canaport LNG be allocated to the Priority Neighbourhoods
Stimulation Funding Program participants for 2015 in the amounts shown in Schedule B.
Respectfully submitted,
t- ,,*, °
J. trick Woods CGA
City Manager
227
SCHEDULE B
2015 PRIORITY NEIGHBOURHOOD FUNDING
Name of Organization / Year
2015
2014
Proposed
Supplemental
Funding
New Community Grant
Program
NDSG
Crescent Valley Resource Centre
$8,000
$14,000
$25,000
Around the Block — Neighbourhood Newspaper (Vibrant
Communities)
$7,000
14,000
24,000
Neighbourhood Assistants - Waterloo Village (Vibrant Communities)
5,000
14,000
22,000
ONE Change
6,000
14,000
23,250
The Resource Centre for Teens (TRC)
11,000
10,000
24,000
Westside PACT
14,000
12,000
PULSE
5,000
14,000
22,000
Total Additional
$40,000
94,000
152,250
I
Neighbourhood
Action Group
09 -04 -2015
Mr. Pat Woods, City Manager
City Manager's Office
City of Saint John
8th Floor, City Hall
Dear Mr. Woods:
Thank you for meeting with us last week to discuss the impact of reduced City funding on our
neighbourhoods.
In 2008 the City of Saint John established a fund for neighbourhood organizations to support the
revitalization of the five priority neighbourhoods. Thereafter and annually, an envelope of $150,000 was
set aside specifically for Community Stimulation grants for these neighbourhoods. In December 2014,
the City announced it was changing its granting process to a Community Grants Program. This action
amalgamated all community funding into one pot, including the envelope that been dedicated for
Neighbourhoods. This put 5 years of inner city neighbourhood's work in serious jeopardy.
Supporting the work of Neighbourhoods is a sound investment. The funds support the many activities
led by these resident leaders in our community and supports the employment of local residents. The
reduced funding to neighbourhood is having a direct impact on the strength, successes and partnerships
within the neighbourhoods.
We are writing at this time for a two -fold request:
1. We ask that you restore funding to the priority neighbourhoods to the levels of 2014.
2. The City put in place service agreements with the Neighbourhoods. (We ask that you support
the development of Service Agreements with the priority neighbourhoods to sustain funding
levels to continue needed programs and services.)
When the Stimulus Funding for Neighbourhoods was first introduced, the goal was to provide a voice to
residents as a way to enhance neighbourhood development (which is in keeping with PlanSJ). The City
funding was the sustainable funding upon which each neighbourhood leveraged additional support to
continue the necessary work of resident engagement. The Community Grants funding supports projects
within our community but it should be noted that the Neighbourhood work is not project funding but
rather essential program funding that should be considered separate from the Community Grants
stream.
All neighbourhoods will be impacted through reductions in staffing time and resources for programs.
Much energy is spent obtaining grants and funding; meeting funders reporting requirements; recruiting,
training and supporting volunteer and resident engagement and starting programs only to wind them
down a short time later. Neighbourhoods are scrambling to find ways to manage the programs with
minimal impact on residents and the expectations of staff who contribute far more than they receive in
compensation are taking a significant toll. Programs are being impacted.
Neighbourhood
Action Group
The impact of the funding reduction is significant. Below are some examples of the programs and
services that will be impacted. Reduced staffing hours to neighbourhoods means an impact on the
ability of Neighbourhoods to:
• Ability to coordinate volunteers
• Ability to engage with residents
• Communication (Residents, Partners, Social Media, etc.)
• Community Planning
• Neighbourhood Clean -up (All of our neighbourhoods have been supporting the Spring Clean -up
activities within neighbourhoods. This is a significant piece of work involving many partners and
residents who spend the day cleaning the neighbourhoods.)
• Canada Learning Bond (Waterloo Village has taken the lead on CLB workshops and signups for
residents to invest in the children's education. These are offered in various locations within in
Saint John at local schools)
• Neighbourhood Plans: Most neighbourhoods have Neighbourhood Plans in place. Many will
discontinue without the support of staff to guide the plans.
• Responding to the needs of local residents. Building trust is a significant piece of our
neighbourhood work. ( Filling out forms with local residents, assisting with resumes, letters,
printing, information about programs, childcare supports, assistance with taxes or simply
someone to talk to)
• Discontinuation of Student and Job placements
• Support to programs and services (All of our neighbourhoods are the core connection from
service providers to residents to promote activities and opportunities — new employment
initiatives, new programs and services etc.) There will be very limited time to coordinate and
support these connections.
• The work of the Neighbourhood Action Group — Formed last spring at the request of local
neighbourhoods the NAG has been working together to share information and learn from each
other and build common measurement tools for all neighbourhoods.
ONE Change 2014 - $23,250 — 2015 - reduced to $14,000 :
• 40% reduction in services
• Ending services at the ONE Change building — no staff person
• The ONE Change building no longer a community hub and becomes the police office
• Food Purchase Club discontinues
Crescent Valley Resource Centre - $25,000 — 2015 - reduced to $14,000
• All evening programs will discontinue (No staff)
• Literacy : Story Tent, Book Wagon
• Bike Program
• Healthy Start Breakfast and Yak and Snack
Waterloo Village - $24,000 — 2015 - reduced to $14,000 :
• Canada Learning Bond promotion (federal contribution to post- secondary costs and uptake in
our community is low
• Support to the Neighbourhood Action Group
• Discontinue new initiative — Around the Block Community Divas Radio Show
230
Neighbourhood
Action Group
• Support to Programs and Services — partnership coordination
• Decreased social media & engagement
Around the Block - $25,000 — 2015 - reduced to $14,000:
• Reduction in size of Around the Block (number of pages reduced)
• Discontinuation of Ad sales staff for the paper
• May have to eliminate door to door delivery of Around the Block (Delivery staff discontinued)
• Discontinue new initiative — Around the Block Community Divas Radio Show
• Discontinuation of support to Anglin Drive
P.U.L.S.E. - $22,000 — 2015 - reduced to $14,000:
• Decrease in social media & engagement;
Individual advocacy & support (income tax; forms; faxing; writing resumes; letters; support #'s)
Discontinue new initiative — Around the Block Community Divas Radio Show
Westside PACT - $12,000 — 2015 - increased to $14,000 :
• Unfortunately, since the funding announcement from the City, Westside PACT has discontinued
their staff position and no longer will have staff in the community.
The strength and partnerships within our Saint John neighbourhoods are key to creating conditions for
success. As you are well aware neighbourhood operate with incredibly limited financial resources, which
they use to leverage other resources both human and financial. Their work is not only imperative to our
quality of life but a significant investment.
On behalf of the Neighbourhood Action Group partners, we ask that Council restore funding to 2014
levels for neighbourhood work and that the Neighbourhood Action Group, City Staff and the Living SJ
Collective Impact Team for Neighbourhoods work together to develop service agreements for 2016 in
priority neighbourhoods.
On behalf of the Neighbourhood Action Group:
Crescent Valley Resource Centre
Ann Barrett — Chairperson
Anne Driscoll — Executive Director
Crescent Valley Tenants' Association
Janet McLaughlin — President
P.U.L.S.E (People United in the Lower South End)
Mary LeSage — Operations Manager
St. Joseph's Community Health Centre
Joanne Barry
Around the Block Community Newspaper
Juanita Black- Coordinator
231
Waterloo Village Neighbourhood Association
Linda Scott - Chairperson
Penni Eisenhauer — Community Facilitator
Courtney Bay Tennants Association
Carolyn MacLennan - Chairperson
ONE Change
Scott Crawford - Chairperson
Wendy Barron
Saint John Police
SGT David Hartley Brown
Social Development
Debbie McLeod
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Box 1971
Saint John, New Brunswick
Canada E2L 4L1
Bureau des Commissaires du
Service de Police de Saint John
C.P. 1971
Saint John Nouveau - Brunswick
Canada E2L 4L1
NICOLE PAQUET
Chair/ President
JENNIFER CARHART
Vice Chair/Vice President
MAYOR MEL NORTON
Commissioner /Commissaire
JOHN MacKENZIE
Commissioner /Commissaire
BRIAN BOUDREAU
Commissioner /Commissaire
GLEN McCLOSKEY
Acting Chief of Police/
Chef par interim de la Police
JACKIE FERRAR
Executive Administrator/
Secretaire Administrative
Telephone/Telephone
(506) 648 -3324
E- mail /Courriel:
policecommission(o) saintiohn. ca
-a
SAINT JOHN
Explore our past/
Explorez notre passe
Discover your future/
Decouvrez votre avenir
June 2, 2015
PUBLIC SESSION
M &C 2015 - 112
Mayor Mel Norton and Members of
Common Council
Your Worship and Councillors:
Re: Saint John Police Force - 2014 Operating Budget - December
(Unaudited) Financial Results
The Saint John Board of Police Commissioners, at its meeting on
Tuesday, June 2, 2015 accepted and approved the Saint John Police
Force 2014 Operating Budget December (Unaudited) Financial Results.
On behalf of the Saint John Board of Police Commissioners, I am
pleased to provide a copy of this report to Common Council in
accordance with Section 7(3) of the New Brunswick Police Act.
Respectfully submitted,
Ld-e —
Nicole Paquet
Chair
Saint John Board of Police Commissioners
/j of
encl.
232
REPORT TO SAINT JOHN BOARD
OF POLICE COMMISSIONERS
PUBLIC SESSION
June 2, 2015
Ms. Nicole Paquet, Chair and
Members of the Board of Police Commission
Chair Paquet and Members
SUBJECT
2014 Operating Budget — December (Unaudited) Financial Results
BACKGROUND
The purpose of this report is to provide the Board with an update on the
(unaudited) financial position of the Saint John Police Force's Operating Budget
for the year ended December 31, 2014.
FINANCIAL POSITION /RESULTS
For the period ended as at December 31, 2014, the net operating expenses for the
Saint John Police Force were over budget by $239,091 or -1.1 %.
There are six key areas that contributed to this budget variance.
1. Revenue surpassed the annual projection by $653,810.
2. Salaries and Wages were over budget by $657,310.
3. Overtime costs exceeded budget by $339,490.
4. Court Time and Other Personnel costs were over budget by $253,236.
5. Fringe Benefits were over by $207,167.
6. Good and Services were under budget by $564,302.
233
Nicole Paquet, Chair
Members of the Board of Police Commission
June 2, 2015
Page 2
Subject: 2014 Operating Budget — December (Unaudited) Financial Results
Budget Analysis
SALARIES AND WAGES
Salaries were over budget by $657,310 and this is the result of 2014 contractual
wage obligation for police officers exceeding what was allocated in the budget.
OVERTIME
Saint John Police Association (SJPA)
The overtime costs were over budget by $339,490. The Patrol Division accounted
for $210,898 and the Criminal Investigation Division was over budget by $113,517.
This variance in overtime for both divisions is reduced by $79,860 in revenue that
was recovered from billings to third parties for extra -duty (paid over -time)
assignments.
OTHER PERSONNEL COSTS
Court Time - Saint John Police Association (SJPA)
The cost for court time exceeded budget by $254,034.
GOODS & SERVICES
The various Goods and Services accounts were under budget by $564,302 and
these savings were secured by putting a spending freeze in place at mid -year
when projections indicated expenditures were going to exceed the budget envelop
by at least $500,000.
234
Nicole Paquet, Chair
Members of the Board of Police Commission
June 2, 2015
Page 3
Subject: 2014 Operating Budget — December (Unaudited) Financial Results
CONCLUSION
The 2014 budget year was a significant challenge as the negotiated wage
settlement for police officers in 2013 and 2014 that was ratified by the parties
proved to be much greater than the allocation in the 2014 operating budget that
was approved by Council.
It was only through staff retirements and the spending freeze on discretionary
expenditures that allowed the senior management team to minimize the projected
deficit. The reduction in the number of police officers over the last three years is
making it very difficult to continue to provide a high level of police service to the
community that is both efficient and effective while attempting to deliver a
balanced budget.
RECOMMENDATION
• It is recommended that the Board accept and approve this Financial
Report for the period ended as at December 31, 2014 and forward a copy
to Common Council as required under Section 7 (3) of the New
Brunswick Police Act.
Attached reports and documents:
Service Based Budget - Actual versus Budget - December 31, 2014
Budget Variance Analysis - December 31, 2014
Respectfully submitted,
i/ Ii.
Glen McCloskey---,
ACTING CHIEF OF P
235
SAINT JOHN POLICE FORCE
2014 SERVICE BASED BUDGET
5ervice Revenue 280,000 280,000 741,153 461,153 164.7%
Other Funding Sources 630,000 630,000 822,657 192,657 30.6%
Total Revenue 910,000 910,000 1,563,810 653,810 71.8%
Salaries & Benefits
18,208,565
19,136,696
20,593,899 -
1,457,203
-7.6%
Goods & Services
4,569,277
4,422,966
3,858,664
564,302
12.8%
Other*
- 192,264
-9.0%
12,872,333
12,872,333
12,920,816
Total Expenditures
22,777,842
23,559,662
24,452,563 -
892,901
-3.8%
General Funding Required
21,867,842
22,649,662
22,888,753 -
239,091
-1.1%
FTEs
182
182
-
-10.2%
_
Operating Budget - Breakdown of Operational Costs, by Division / Accountability
Administration
Police Commission
Support Services
Patrol Services
Criminal Investigations
Buildings and Stations
Detention Services
Automotive Equipment
2014
Budget
1,944,779
December
Budget
1,944,779
i
Actual
1,705,819
Variance
238,960
Change
12.3%
111,200
111,200
166,048
- 54,848
-49.3%
2,140,119
2,140,119
2,332,383
- 192,264
-9.0%
12,872,333
12,872,333
12,920,816
- 48,483
-0.4%
3,852,302
3,852,302
4,930,818
- 1,078,516
-28.0%
1,182,529
1,182,529
969,279
213,250
18.0%
483,000
483,000
532,490
- 49,490
-10.2%
973,400
973,400
894,910
78,490
8.1%1
23,559,662 23,559,662 249452,563 - 892,901 -3.79%
W9
SAINT JOHN POLICE FORCE
BUDGET VARIANCE ANALYSIS
For the Period Ended December 31, 2014
Budget
Expenses
Variance
Current Variance
Timing Actual
$ 23,559,662
$24,452,563
($892,901)
($892,901
Expense Cateaory Varianr_P c %1 :.,.....
237
Salaries & Wages
($657,310)
• Salaries- Non -Union under budget by
$26k.
• Salaries -Local 486 over budget by
($15k).
• SJPA Police Officer wages were over
budget by ($651 k).
Overtime
($339,490)
• Overtime - SJPA - Patrol: Over budget by
($211k) and this amount is reduced by
revenue charged to 3`d parties for Extra —
Duty assignments.
• Overtime -SJPA- Criminal
Investigations: Over budget by ($114k)
and this amount is reduced by revenue
charged to 3rd parties for Extra —Duty
assignments.
Other Personnel Costs
($253,236)
• Court Time: Over budget by ($254k).
Fringe Benefits
($207,167)
• Benefits for police officers is at a rate of
29.3% and 25.5% of every payroll dollar
for civilian employees. This rate now
includes premium cost for the
Long -Term Disability (LTD) plan and
the Shared Risk Pension plan.
General Services
$107,941
. Telephone: Under budget by $19k.
• Travel: Under budget by $17k.
• Employer Training: Under by $74k.
237
Saint John Police Force - December 31, 2014
Budget Variance Analysis
Expense Cateaory Varianr_P FxrOn". +:.,., ,.c v,.:.......
238 21Page
General Services
• Employee Initiated Training: Over
budget by ($16k) and this program
ended on December 31, 2014.
Insurance
$20,343
. Vehicle Insurance: Under budget by
$7k.
• Deductible Account: Under budget by
$13k and this relates to the timing of any
charges back to Police via the City's
insurance department for 3'd party claims
and /or monies due to the SJPF for
damaged police vehicles.
Professional Services
($165,578)
. Legal Expense — Over budget by ($75k)
and this variance relates to legal fees for
labour negotiations with SJPA and police
act hearings.
• Detention Security - This expense is
over budget by ($104k) and the total
operating expenses for the detention
centre is cost shared by Province of NB
Sheriff's department. The billing revenue
for 2014 was $204k.
• Other Professional Services - This
expense is under budget by $161k.
Other Purchased Services
$20,138
. Other Purchased Services was under
budget by $16k.
Repair & Maintenance
$93,845
. Computer Maintenance — The annual
expense for computer maintenance and
software licensing contracts with various
vendors was under budget by $94k,
which in part relates to a reduction and
streamlining different software
applications and service agreements.
238 21Page
Saint John Police Force - December 31, 2014
Budget Variance Analysis
Expense Category
Variance
Rentals
$199,268
Purchased Goods
$176,995
Government Services
$1,309
Internal Services
$110,343
Asset Purchases
($302)
Explanation of Variance
fo TThe nnual occupancy charge from the
Saint John to the Police Force for
eel Plaza was under budget by
$202k as actual operating costs for the
Headquarters building was lower than
Projected expenses for 2014.
• There are eighteen accounts in this
expense category and these savings
resulted from a freeze on spending by
management for the last 6 months of
2014 with a clear understanding
this reduction would not be sustainable
in 2015.
• No significant variance at the end of
December 2014.
• Fleet Maintenance - $47k - The
maintenance costs at the end of
of the year came in under budget.
• Fleet Fuel - $48k - The fuel costs were
under budget at year end.
• Evergreen Computer Replacement
Program - The annual charge for the
usage (leasing program) of desktop and
laptop computers from the City's IT
department was under budget by $14k.
• Vehicles ($45k) -The acquisition of new
marked and unmarked police vehicles in
2014 was over budget.
• Other Assets $45k - All expenditures
for other assets such as breath test
equipment, radars, and other operational
equipment was deferred until 2015 to
reduce the projected budget deficit.
3
239 1 a ur e.
Saint John
Parking Commission
Commission sur
I e stationnement de Saint John
June 17, 2015
His Worship Mayor Mel Norton
And Members of Common Council
Your Worship and Members of Council:
SUBJECT: License Agreement— Outkast Car Club
11th Floor, City Hall, 11 i6me Etage, H6tel de Ville
P.O. Box 1971 / C.P. 1971
Saint John, N.B. /N. -B. E2L 4L1
Tel / T61: (506) 658 -2897
Fax/ T616copieur: (506) 649 -7938
E -mail / Courriel: parking@saintjohn.ca
Water Street (Coast Guard) Parkins; Lot — PID Number 55209159
The Saint John Parking Commission received a request from the Outkast Car Club to hold a car
show in the Water Street Parking Lot on July 18, 2015. The request was approved by the Parking
Commission; however, this request also requires approval by the City of Saint John as the
property is City- owned.
Attached is a copy of the proposed license agreement which outlines the terms and conditions
of the license.
RECOMMENDATION
It is recommended that Common Council approve the request of The Outkast Car Club to use
the Water Street Parking Lot (PID Number 55209159) from Saturday, July 18, 2015 at 7:00 a.m.
until 12:00 midnight, July 18, 2015, for the purpose of holding a car show; and further, that the
Mayor and Common Clerk be authorized to execute the necessary documents.
Respectfully submitted,
Donna Reardon `� I
Chair J
Saint John Parking Commission
J. trick Woods, C.G.A.
City Manager
www.sai ghn.ca
THIS LICENCE made in triplicate as of the day of June, 2015.
BY AND BETWEEN:
THE CITY OF SAINT JOHN having its City
Hall at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter,
confirmed and amended by Acts of the
Legislative Assembly of the Province of New
Brunswick, hereinafter called the "Licensor"
OF THE FIRST PART
-and—
THE OUTKAST CAR CLUB INC., a body
corporate duly incorporated under the laws of
the Province of New Brunswick, having its
head office in the City of Saint John in the
County of Saint John and Province of New
Brunswick, hereinafter called the "Licensee"
OF THE SECOND PART
-and-
SAINT JOHN PARKING COMMISSION, a
body corporate under S.N.B. 1956, Chapter
128, having its Head Office at the City of Saint
John, in the County of Saint John and Province
of New Brunswick, (hereinafter called the
"Commission ")
OF THE THIRD PART
WHEREAS the City is the owner of certain lands in the said City being PID
number 55209159 (the "Lands ");
AND WHEREAS the Commission manages the parking lot situated upon
those lands for the City;
AND WHEREAS the Licensee wishes to use that portion of PID number
55209159 shown outlined in red on Schedule A attached hereto and forming part
hereof;
241
License Agreement
The City of Saint John — OutKast Car Club Inc. — Saint John Parking Commission
Page 2 of 4
AND WHEREAS the City by resolution adopted June 22, 2015 resolved to
permit the Licensee to use those lands shown on Schedule A for a car show
event on July 18, 2015;
NOW THEREFORE THIS LICENCE WITNESSETH that in consideration
of the sum of two ($2.00) Dollars of lawful money of Canada now paid by the
Licensee to the Licensor, the receipt and sufficiency of which is hereby
acknowledged, the Licensor does hereby grant, subject to the terms, conditions,
covenants and provisions herein contained, permission and Licence to the
Licensee to use that portion of PID number 55209159 shown outlined in red on
Schedule A for a car show event on July 18, 2015 on the following terms and
conditions.
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
I. The License shall be for a period of 1 day, commencing July 18, 2015 at
7:00 a.m. and terminating July 18, 2015 at midnight.
2. The Licensee shall pay to the Licensor for the privileges herein granted
the sum of two ($2.00) dollars of lawful money of Canada.
3. Notwithstanding anything else herein contained, this Licence may be
terminated forthwith without notice to the Licensee in the event that the
Licensee shall, in the opinion of the Licensor, be in breach of any of the
terms and conditions of this Licence
4. No transfer or assignment of this Licence or of any of the rights or
privileges herein granted shall be made, or caused or permitted to be
made by the Licensee.
5. The Licensee covenants and agrees with the Licensor as follows:
a) It shall comply with the terms and conditions outlined in Schedule B
attached hereto and forming part hereof.
b) It shall, at no expense to the Licensor, obtain and maintain in full force
and effect during the entire term of this Licence, a Commercial General
Liability Insurance policy with policy limits of not less than two million
dollars ($2,000,000.00) inclusive per occurrence for bodily injury and
a
License Agreement
The City of Saint John - OutKast Car Club Inc. - Saint John Parking Commission
Page 3of4
property damage; which policy shall name the Licensor as an
additional insured and shall contain a cross - liability clause;
c) that it shall, on or before July 17, 2015, submit to the Licensor a
Certificate of Insurance or other satisfactory evidence of having
obtained and maintained the insurance coverage required at
paragraph b) hereof;
IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
5. No change or modification of this Licence shall be valid unless it is in
writing and signed by all parties to this Licence.
6. This Licence supersedes and takes the place of all prior agreements
entered into by the parties with respect to the car show event which is to take
place on July 18, 2015.
7. This Licence shall not be enforced or bind any of the parties thereto, until
executed by all the parties named in it.
8. Notwithstanding any clauses herein, the Licensee does hereby indemnify
and save harmless the Licensor from all damages, cost, claims, demands,
actions, suits or other proceedings by whomsoever claimed, made, brought or
prosecuted in any manner and whether in respect of property owned by others or
in respect of damage sustained by others based upon or arising out of or in
connection with the use of the Lands pursuant to the within Licence or anything
done or purported to be done in any manner hereunder, except for damages
caused by the Licensor's negligence.
THIS LICENCE shall enure to the benefit of and be binding upon
successors and permitted assigns of the parties hereto respectively.
ram
License Agreement
The City of Saint John — OutKast Car Club Inc. — Saint John Parking Commission
Page 4 of 4
IN WITNESS WHEREOF the parties hereto have caused these presents
to be duty executed the day and year hereinbefore written.
SIGNED, SEALED & DELIVERED)
In the presence of: )
}
}
)
}
}
)
)
)
THE CITY OF SAINT JOHN
Mayor
Common Cierk
Common Council Resolution:
2013
OUTKAST CAR CLUB IWC.
Per:,. -,
JJW- e, Ch
SAINT JOHN PARKING CONiMISSiON
Per:
Donna Reardon, Chi;tkrf-
And:
elrilewla�e -, Secretary- Treasurer
244
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NM
AService
�7�
Nom
m Brunswick
PROFILE REPORT / RAPPORT SUR LE PROFIL DE LA CORPORATION
Corporation
OUTKAST CAR CLUB INC.
Corporation Number/Numero de reference
665905
New Brunswick Account Business Number (BN)/Num6ro d'enterprise (NE) de votre compte du Nouveau- Brunswick
846424844NP0001
Head Office Address /Adresse du siege social
3530 Loch Lomond Road
Saint John NB
E2N 1138
If a change has occurred, complete the attached Form 46 -
Si des changements sont survenus, veuillez remplir la
Notice of Change of Head Office.
formule 46 ci- jointe (Avis de changement du siege social).
Di recto rs /Ad m in istrateu rs
Lynn, Karen Saint John NB
Israel, Joe Saint John NB
Israel, June Saint John NB
NOTE: No more than 10 directors will be displayed on this report.
REMARQUE : Pas plus de 10 administrateurs seront affich6s dans ce
You may verify the information by e -filing your annual return at
rapport. Vous pouvez v6rifier Finformation par le d6p6t en ligne de votre
www.snb.ca or searching the Corporate Registry database online.
rapport annuel a 1'adresse www.snb.ca ou en faisant une recherche en ligne
dans la base de donn6es du registre corporatif.
If a change has occurred, complete the attached Form 47 - Notice of Change
Si des changements sont survenus, veuillez remplir la formule 47 ci jointe
of Directors.
(Avis de changement d'administrateurs).
Annual Return/Rapport annuel
Along with the above, please complete the enclosed 2013 annual
Veuillez remplir le rapport annuel ci -joint pour 2013.
retu rn.
Page 1/1 Corporate Registry / Registre corporatif
Tel.ghone: (506) 453 -2703 P.O. Box 1998 Case postale 1998
2013 -08 -06 Fax/r61ecopieur: (506) 453 -2613 Fredericton, NB Fredericton, NB
httu: / /www.snb.ca Canada E3B 5G4 Canada E3B 5G4
Application for Incorporation under the New Brunswick
Companies Act
To: The Director under the Companies Act
The application of:
Karen Lynn, House wife, of the City of Saint John in the County of Saint John, in the Province
of New Brunswick,
Joe Israel, Business Owner, of the City of Saint John in the County of Saint John, in the Province
of New Brunswick,
June Israel, Unilever, of the City of Saint John in the County of Saint John, in the Province of
New Brunswick
respectfully sheweth as follows:
1. The undersigned applicants are desirous of obtaining Letters Patent under the provisions of
the New Brunswick Companies Act, R.S.N.B. 1973, c.C. -13, as amended, constituting your
applicants, and such others as may become members in the company hereby created, a body
corporate and politic under the name of
OUTKAST CAR CLUB INC.
or such other name as shall appear to you to be proper in the premises.
2. The undersigned have satisfied themselves and are assured that the proposed corporate
name of the company under which incorporation is sought is not the corporate name of any
other known company incorporated or unincorporated or a registered partnership or
business name or any name liable to be confounded therewith, or otherwise on public
grounds objectionable.
3. Each of our applicants are of the full age of nineteen years. .
4. The purposes for which incorporation is sought by the applicants are:
To bring together a number of car enthusiasts to put on cruises, as well as show and shines
in order to raise money for children's charities.
5. That for the further attainment of the above objects
i) to acquire, accept, solicit or receive by purchase, lease, contract, donation, legacy, gift,
Page 1 of 4
....:I ... .. ... ......�... � ....: � ^:^F'!'S�•3KCN11��� - . r .. ..t.•...r ....... t..l - .. I � . • J•...- ... ... ... �r .i ........ ...... ..v. _..
� rweb.
Saint John, N.B.
E2N 1B8
The company's head office mailing address is:
3530 Loch Lomond Road
Saint John, N.B.
E2N 1138
8. The company shall not have any capital stock or issue any share certificates but may
acquire real and personal property to the following cost value: (please check appropriate
box)
Unlimited cost value $25,000
9. The said Karen Lunn, Joe Israel and June Israel will be the first or provisional directors
of the Company.
10. That upon dissolution of the company and after payment of all debts due and liabilities, its
remaining property shall be distributed or disposed of to registered charities recognized by
the Canada Customs and Revenue Agency having objects the same as or similar to the
objects of the company which carry on their work solely in Canada, and no part of any
property of the company shall be available to its members upon such dissolution.
Page 3 of 4
251
• L I V I N G S J
Social Renewal Strategy
June 17, 2015
Mayor Mel Norton &
City of Saint John Common Council
PO Box 1971
Saint John, NB E21- 41-1
Your Worship and Members of Common Council:
As Co- chairs of Living SJ we are bringing a matter of community concern to the attention of Common
Council in relation to the closure of the Lorne Middle School and asking for your support in requesting
to the Province that the possible sale of the building be put on hold for one year.
There are definite implications for the City and our community if the building is placed for sale:
• The Nick Nicolle Community Centre is attached to the school and the City has made a major
investment in the Nick Nicolle Centre;
• The City has a major stake in what happens to the school as the City's service provider, ONE
Change Inc., would lose access to the Lorne School gymnasium;
• The intention of Plan SJ is to strengthen the neighbourhood with relevant and integrated services;
Present access and future plans for transforming this building into a Community Asset will be
jeopardized and negatively impact this neighbourhood;
• Various community stakeholders including community police, Horizon Health, Saint John Y,
RiverCross Church have been diligently working on the concept of developing a Community
Wellness Centre, one of four Living SJ priorities, at Lorne School as part of the corridor of services
for the North End and surrounding communities. Presently there is great momentum and
potential for reconfiguring resources of current services that could go to this neighbourhood
community wellness centre location.
Further potential for the Lorne School as a Community Asset include the following:
- Recreation and Active Living (City of Saint John / ONE Change) — Program currently in place at
Lorne School
- Digital Learning Centre (One Change Inc. / Saint John Kings Adult Learning Program) — Program
currently in place at Lorne School
- Integrated service delivery team — North End Schools
- Continuation of adult learning — possibly on the third floor of the Lorne School
- Future concept for Early Childhood Development Centre
- Future concept for a student led health clinic as a learning opportunity for our future medical
and health professionals
A feasibility study would need to be completed to ascertain and define the viability of this community
transformation; however, time is needed for this including additional support from other community
partners. It would be unfortunate if the sale of this property occurs before the community can move
this vision forward.
252
As Co- Chairs of Living SJ we are asking the City of Saint John Mayor and Council to work with ONE
Change and Horizon Health to write a letter to the Province of New Brunswick requesting:
A) The Province of New Brunswick place any sale of the property on hold for a one year term in
order for the Community to complete a feasibility study for the transformation of this facility
into a Community Asset;
B) Department of Transportation and Infrastructure enter into an agreement for providing
continued access for programs currently at the Lorne School during this holding period.
Support from the City of Saint John Mayor and Common Council is critical in moving this Community
Vision forward.
Sincerely,
Paulette Hicks and Jack Keir, Co- Chairs
Living SJ
253
June 13th 2015
Attn: Saint John City Council,
It has come to my attention that the old Reversing Falls Restaurant building has been slated for
demolition. To my knowledge, the building has not been deemed unsafe or condemned? It is my belief
that the building needs some renovations. I would like to see the actual reports on the conditions of this
building.
As of this moment the building is boarded up and derelict. It is an eyesore that may be perceived as The
Reversing Falls attraction being closed to our many city visitors. It needs to have the windows un-
boarded and people greeting tourists immediately.
I am the president of Aganol Ltd., a company that is into tourism in Saint John. We have not had a long
time to put together a detailed proposal, but we have put together a very quick one. We would like to
make the following proposal:
We would like to purchase the building, assuming the building is not condemned or structurally
unsound. We would want to take possession of the building immediately, with the intent of getting part
of the building open to the public immediately. In the short term, we plan to open a tourist bureau and
an ice cream parlour. We would then be looking for other businesses to partner up with us to utilize the
rest of the building. Our immediate desire is to show our city's visitors, a warm smile, and some Saint
John hospitality.
If purchasing the building is not an option: we would be interested in leasing the building. We will do all
of our own renovations to the building in exchange for a reasonable rent, which will be negotiated as
soon as possible. Financial negotiations for purchasing or leasing must be done quickly, the city visitors
are already here, and our city tourism is already being impacted.
Our proposal is a win win for everyone. We will take the financial burden of demolishing this building
off the shoulders of the city tax payers, and it allows city visitors to experience the Reversing Falls
through the buildings many windows while getting guidance as to what to do in Saint John.
Thank You for entertaining our proposal.
Guy Barbara
254
/S, 3
To Mayor and Council members,
I, Marie Chiasson, along with a few others from the Admiral Beatty would like to ask permission to put
together a yard sale on Canada day, July 1St, 2015 from gam- 2pm in front of the building, 14 King Square
South.
Thank you in advance,
255
Marie Chiasson
nRfECc�ERVEr
JUN 17 2015
REPORT TO COMMON COUNCIL
June 10, 2015
,rr , •s,
His Worship Mayor Mel Norton =
And Members of Common Council
The City of Saint John
Your Worship and Members of Council,
SUBJECT: TENTATIVE AGREEMENT BETWEEN THE CITY OF SAINT JOHN AND
CUPE LocAL 18 (OUTSIDE WORKERS)
PURPOSE
The purpose of this report is to present for Council's approval a proposed renewal of the
Working Agreement between the City of Saint John, N.B. and the Canadian Union of
Public Employees, Local 18 (Outside Workers) for the term of July 1, 2014, to December
31, 2019.
ATTACHMENTS
1. APPENDIX A: Negotiation Mandate
2. APPENDix B: Comparable NB Wage Settlements
3. APPENDIX C: 2014 -2019 Collective Agreement
BACKGROUND
The previous Working Agreement between the City of Saint John and CUPE Local 18
covered the term from January 1, 2011, to June 30, 2014. Collective bargaining for a
renewed agreement commenced July 24, 2014. In their notice to bargain, dated April 4,
2014, the Union stated their intention is to discuss "wages, benefits and working
conditions including but not limited to career streams, training, sick bank and any other
article deemed necessary by the Local."
Negotiations with the Union occurred over a period of more than eleven (11) months,
beginning in July 2014, with facilitation services provided by the Province of New
Brunswick (Department of Post - Secondary Education, Training and Labour).
Negotiations were held in good faith extending over a total of twenty -three (23) days,
resulting in a tentative agreement being reached without a threat of service disruption,
strike or lockout.
THE STRATEGIC CONTEXT
The City's Outside Workers deliver a multitude of services essential to the day to day
functioning of our community, the health and safety of our citizens and visitors.
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Report to Common Council
June 18, 2015
Page 2
In fact, the members of this workforce deliver most of the direct customer - facing
municipal services and many of these services are provided twenty -four hours a day,
seven days a week often under extreme conditions such as the city experienced this past
winter. These range from shutting off a water service in order to prevent a residence
from flooding, to plowing streets to make way for emergency vehicles.
Advance SJ the City's Strategic Plan, incorporates a number of Service Principles which
are key to building a better future and a stronger community. Chief among these is a
commitment to responsible delivery of public services, continuous service improvement,
and customer focused service delivery.
It is notable that Advance SJ identifies the "report of outcomes of collective bargaining
process and collective agreements" as a key indicator of progress in attainment of
"Valued and Sustainable Services ", a key Strategic Direction of the organization. The
supporting Strategic Initiative within the plan, "Proactive Labour Relations ", commits the
administration to "adopt a collaborative approach to labour relations that ensures the
workforce can adapt to the evolving nature of public service delivery in a flexible and
sustainable manner".
THE NEGOTIATING CONTEXT
Council mandated the City's Negotiating Team to focus on three primary objectives in
enhancing its Working Agreement with Local 18: flexibility, productivity and
competency (see Appendix A). These objectives are essential in delivering municipal
services over the coming years if we are to achieve Council's priorities and realize the
strategic directions of the organization detailed in Advance SJ. We have reached a
tentative agreement with the Union, subject to Council approval, which reflects the
mandate of Council. The highlights are summarized below.
Term of the Agreement
The proposed Working Agreement brings with it benefits to our organization, our
employees, and our community, including significant increases in flexibility, an
opportunity to reduce the size of the workforce, a renewed commitment to competency
and workforce development, alignment of critical human resource and operational
processes with Advance SJ, as well as predictable and controlled employment costs.
Accordingly, the recommended term of the proposed Working Agreement is five and
one -half years (5%2), commencing July 1, 2014 and ending December 31, 2019.
Key Amendments to the Working Agreement
1. The City will have the right to adjust the establishment of permanent positions by
as much as five percent (5 %) through attrition over the term of the agreement
subject to certain caps in the first three years. This represents a decrease of 15
257
Strategic Services
Report to Common Council
June 18, 2015
Page 3
positions and a potential cumulative reduction of wage and benefit expenditures
between $1.7 million and $4.1 million over the term of the proposed Working
Agreement. There is the potential for some offsetting costs in that employees will
receive a one -time lump sum payment for any year in which position reduction
targets are met.
This represents an historic gain in flexibility as well as a phased departure from
the fixed establishment of two hundred and ninety -three (293) permanent
positions, which has been a contract provision for thirty -five years. In addition to
the ability to initiate a reduction of 15 positions, this change also establishes for
the first time a clear precedent that Article 6:04 is now a negotiable matter. It
further represents the mutual commitment of the City and the Union to the
optimization of efficiency, effectiveness and productivity by aligning our staffing
levels with our current and anticipated future service requirements.
2. Cost - sharing of Long Term Disability (LTD) premium expense with the Union
will be implemented for the first time, with the City supporting seventy -five
percent (75 %) of associated costs and the Union twenty -five percent (25 %). This
provision also establishes a solid precedent for negotiations with our other locals.
3. A new shift structure, of particular significance in the winter months, may now be
introduced with a resulting increase of service flexibility, effectiveness, and
continuity. Gaps in service coverage will be reduced from thirty -one and one -half
(31.5) hours per week (current shift schedule) to twenty -one (21) hours (new shift
schedule).
4. The City and the Union will explore options for implementation of common
summer vacation weeks in July and August, reflecting a commitment to
increasing organizational capacity through support for "health, safety and
wellness" initiatives as profiled in Advance SJ. This approach would allow for
coordinated scheduling of workplace down time and allow employees to schedule
specific holidays.
5. Management of the Union Sick Bank will be enhanced with a new cap which
requires employees to apply for third -party administered Long Term Disability
(LTD) Benefits after ninety (90) days. Currently employees can remain on Sick
Bank benefits for up to 96 weeks. This will result in a decrease of employees on
City paid sick leave and a related reduction in costs.
6. The City and the Union have agreed upon a joint list of Arbitrators, in order to
streamline and increase the efficiency of administration of the Sick Leave Plan.
7. The City and the Union have reinforced their commitment, in a number of
initiatives aligned with Advance SJ, to strengthening organizational capacity
through workforce development, specifically:
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Strategic Services
Report to Common Council
June 18, 2015
Page 4
a. Enhancement of Job Classification of Tradespeople/Foreman/Sub-
Foreman, to better align with the value -added services provided, and
supports recruitment and retention of skilled tradespeople.
b. Enhancement and streamlining of staffing and associated human resources
and operational processes for posting, filling, and monitoring vacancies.
The ability to post positions both internally and externally at the same time
will expedite the hiring process.
c. Revised wage scales for students (20% above Minimum Wage) and casual
employees (75% of Skilled Worker Rate) to increase internal equity and
enhance the effectiveness of our recruitment programs.
d. Consolidation of the oversight and program steering roles of the former
Career Development Coordination Committee into the Mutual Interest
Committee, to achieve procedural efficiencies.
8. References have been incorporated which commit the parties to joint efforts in
implementation of the City's Strategic Plan (Advance SJ).
9. Additional changes designed to serve consistency, fairness, and improvement of
work place standards are provided. They include:
a. Increase of the current nightshift premium from $0.55 to $1.00 per hour.
b. Improvement of standards with respect to clothing, equipment and meal
allowances.
c. One additional floater is provided for each employee.
In addition to the specific contract language changes, the City and the Union have jointly
committed to improved Attendance Management, in order to increase efficiency and
productivity by reducing absenteeism and its associated costs. There is also a
commitment to develop leadership potential, capabilities and accountability of our Local
18 Sub - Foremen and Foremen through training, skill development and enhanced job
classification differentials relative to the employees they supervise.
Wage Provisions
Proposed pay schedules are covered in Article 28 of the Working Agreement. Over the
term of the proposed Working Agreement, the annual wage rates for permanent
employees would be adjusted as follows:
259
Strategic Services
Report to Common Council
1.
July 1, 2014
2.0%
2.
January 1, 2015
2.5%
3.
January 1, 2016
2.5%
4.
January 1, 2017
2.5%
5.
January 1, 2018
2.5%
6.
January 1, 2019
2.5%
June 18, 2015
Page 5
Comparable settlement rates for other municipalities in New Brunswick are set out in
Appendix B. The wage adjustments are competitive with other jurisdictions and
reasonably reflect the proposed changes to the contract language.
FINANCIAL IMPLICATIONS
The financial implications of the proposed Working Agreement over its term have been
developed by the Finance Department. The projections include direct financial costs such
as wage increases, incremental costs and cumulative costs for each year, as well as wage
savings resulting from the elimination of positions and `opportunity costs' such as
increased vacation entitlements. These costs have also been expressed as year over year
increases and as a percentage of payroll.
A series of working assumptions were used to develop the multi -year cost impacts,
namely;
• All wage adjustments are applied as per the new contract
• The 15 positions are in fact eliminated to realize the wage savings
• Attrition rates /timing varied under each scenario
• Only 40% of 2015 wage savings and 75% of 2016 wage reduction is recognized
• Scenarios included both with a supplementary payout and without
• Costs include a provision for hiring additional casual employees for peak periods
This contract allows for new flexibility to reduce the establishment from the current 293
minimum. A 5% reduction represents approximately $1,220,000 of potential annual
savings on a recurring basis if fully implemented (i.e. 15 positions eliminated). This
could trigger additional one -time lump sum payments of 1% or 1.5% of payroll totaling
$665,000 over a three -year period only if certain annual targets are achieved. As such,
careful management of the program will be required over the term of the agreement.
Using 2014 wage costs as the base reference, the net additional annual wage cost (gross
wage increases less wage savings) in the last year of the contract would be $2.30M, or a
10.74% increase from 2014, assuming the 15 positions are eliminated during the course
of the agreement. This represents an average net annual increase of 1.95% over the life
of the contract. The individual annual amounts /percentages will vary depending on how
many and when positions are vacated.
A range of scenarios were developed using different assumptions on the timing and
extent of the staffing reductions in each year. The analysis shows that the most
favourable cumulative financial outcome is realized if the reductions occur in the earliest
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Strategic Services
Report to Common Council
June 18, 2015
Page 6
years of the agreement and the least favourable if the positions are not eliminated until
the final years of the agreement.
Although the increased vacation entitlements are not a direct `out of pocket' cost, they
are opportunity costs from lost productivity and would become real costs if positions
were backfilled.
The retroactive increase for 2014 amounts to $214,000. This amount has been accrued in
the 2014 financial statements. The 2015 operating budgets included a 2% increase in
wages for the group as well as the additional funding required for fringe benefits and
pension in both the General and Water Operating budgets.
SERVICE IMPLICATIONS
It must be recognized that the elimination of 15 full time positions translates into a
reduction of over 30,000 man-hours of work. As positions are eliminated Council should
have a full understanding of the service impacts, particularly on front door services.
INPUT FROM OTHER SOURCES
The proposed Working Agreement was made possible by the contributions of staff from
every operational Service Area in which Outside Workers are deployed.
The City's Negotiating Team merits recognition for their outstanding commitment to this
process over the past year. They are:
1. Stephanie Walsh, Human Resources
2. Shelley Richard, Human Resources
3. Katherine Shannon, Transportation and Environment Services (Formerly of
Human Resources)
4. Kevin Rice, Transportation and Environment Services
5. Trevor Gamblin, Finance and Administration Services
6. Mike Hugenholtz, Transportation and Environment Services
CONCLUSION
The proposed Working Agreement represents a significant milestone in the evolution of
the City's relationship with its Outside Workers as well as our ability to manage the key
front -door services which they contribute to our community.
This new framework is in full alignment with Council's priorities and the strategic
direction of the organization and will improve the way staff and employees plan,
communicate, and work together. The wage adjustments are competitive with other
jurisdictions and reasonably reflect the changes to the contract language. It is also
noteworthy that we expect positive impacts from adoption of this Working Agreement on
forthcoming negotiations with Local 486 and Local 771.
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Report to Common Council
RECOMMENDATION
It is recommended that:
June 18, 2015
Page 7
1. Council ratify the attached tentative agreement for 2014 -19 between the City of
Saint John and CUPE Local 18, and that;
2. After a final review by the City Solicitor as to legality and form, authorize the
Mayor and the Common Clerk to execute the proposed Working Agreement on
behalf of the City of Saint John.
Respectfully submitted,
Shelley Richard, B.S.W., LL.B.
Manager, Employee and Labour Relations
Human Resources
Neil Jacobsen, MBA
Commissioner
Strategic Services
262
Stephanie Walsh, CHRP, MBA
Senior Manager, Human Resources
Chief Negotiator for the City
�. atrick Woods, CGA
xty Manager
City of Saint John
Strategic Services
Report to Common Council
APPENDIX A
June 18, 2015
Page 8
Primary areas of interest in enhancing our Working Agreement with Local 18:
Flexibility
Improvements in
workforce scheduling
Flexibility in seasonal
workforce utilization
Part -time job
classifications
Job security
provisions
Productivity
Improved attendance
management
Excellence in safety
management and
safety protocols
(enhanced 5 *22)
Commitment to
continuous
improvement
(Advance SJ)
Joint workplace
wellness initiatives
Competency
Improved Local 18
training matrix
Enhanced discipline
procedures
Streamlined
grievance process
Fair, competitive and
sustainable
compensation
package (combined
wage and benefit
settlement)
Other
Workforce /
workplace stability
(medium to longer -
term agreement)
Resolution of LTD
disability issue
Harmonization of
unionized workforce
benefits
Clear, concise and
functional contract
language
Note: As with any negotiation, progress will be made on some interests,
compromise will be required on other interests, and some interests will
have to be dropped. Local 18 will also present their interests, which will
need to be proactively and respectfully addressed through the collective
bargaining process.
263
Strategic Services
Report to Common Council
APPENDIX A
June 18, 2015
Page 8
Primary areas of interest in enhancing our Working Agreement with Local 18:
Flexibility
Improvements in
workforce scheduling
Flexibility in seasonal
workforce utilization
Part -time job
classifications
Job security
provisions
Productivity
Improved attendance
management
Excellence in safety
management and
safety protocols
(enhanced 5 *22)
Commitment to
continuous
improvement
(Advance SJ)
Joint workplace
wellness initiatives
Competency
Improved Local 18
training matrix
Enhanced discipline
procedures
Streamlined
grieN ance process
Fair, competitive and
sustainable
compensation
package (combined
wage and benefit
settlement)
Other
Workforce /
workplace stability
(medium to longer -
term agreement)
Resolution of LTD
disability issue
Harmonization of
unionized workforce
benefits
Clear, concise and
functional contract
language
Note: As with any negotiation, progress will be made on some interests,
compromise will be required on other interests, and some interests will
have to be dropped. Local 18 will also present their interests, which will
need to be proactively and respectfully addressed through the collective
bay-gaining process.
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ca
July 1, 2014 — December 31, 2019
COLLECTIVE AGREEMENT
Between
THE CITY OF SAINT JOHN, N. B.
- and -
THE CANADIAN UNION OF PUBLIC EMPLOYEES,
LOCAL 18
(OUTSIDE WORKERS)
266
TABLE OF CONTENTS
ARTICLE
PAGE
1
Intent and Purpose
1
2
Recognition and Negotiations
2
3
Responsibility of Parties
3
4
Human Rights
4
5
Correspondence
4
6
Management Rights
5
7
Mutual Interest Committee
7
8
Terms of Employment
8
9
Seniority
9
10
Training, Staffing, and Career Development
10
11
Job Postings
13
12
Grievance Resolution Process — Internal
15
13
Hours of Work
19
14
Overtime and Premiums
22
15
Vacation Period and Statutory Holidays
25
16
Leaves of Absence
28
17
Injury on Duty
31
18
Union Business
33
19
Pay Days, Service Pay & Retirement Pay
34
20
Safety
35
21
Clothing Issue and Tool Allowance
37
22
Discipline
39
23
Benefits
38
24
Technological Change
46
267
25
Job Security
47
26
Term of Agreement
47
27
Class ification/Wages — Pay Table
48
28
Definitions
49
29
Printing of Agreement in Booklet Form
50
Schedule "A"
Wage Rate Table for Permanent Employees
51
Skilled Worker, Supervisory, and Trade Job Sets
Appendix "A -1"
Saint John Water - Water and Wastewater
52
Appendix "A -2"
Saint John Water - Instrumentation
53
Appendix "A -3"
Saint John Water - Customer Service
54
Appendix "A -4"
Transportation and Environment Services -
55
Public Works and Transportation /Parks and Public Spaces
Appendix "A -5"
Finance and Administration Services - Fleet Management
56
Appendix "A -6"
Finance and Administration Services - Stores
57
Appendix "A -7"
Finance and Administration Services - Facility Management -
58
Carpenter Shop and Facility Management /City Market
Schedule "B"
Employment and Development Framework
59
Appendix "13-1"
Training and Career Development Overview
63
Appendix "B -2"
Trades
65
Appendix "B -3"
Instrumentation
66
Schedule "C"
Dispatcher /Duty Person and Customer Services Skilled Worker
67
Hours of Duty and Related Matters
Appendix "A" to
Shift Schedule -
Schedule "C"
Dispatcher /Duty Persons and Customer Service Skilled Workers
69
Letter of Agreement
70
Workplace Quality and Wellness
Letter of Agreement
78
Pilot Project - Summer Vacation
Na
THIS AGREEMENT made and entered into this day of June, 2015.
BETWEEN THE CITY OF SAINT JOHN, a body corporate in
the County of Saint John in the Province of New
Brunswick, hereinafter referred to as the
"EMPLOYER" of the first part,
-AN D-
LOCAL 18, CANADIAN UNION OF PUBLIC
EMPLOYEES, hereinafter referred to as the
"UNION" of the second part.
ARTICLE 1 - INTENT AND PURPOSE OF AGREEMENT
1.01 Intent and Purpose
The parties to this Collective Agreement are committed to working together to create a
responsive, enthusiastic, respectful and healthy work environment - one dedicated to
providing quality, cost - effective public service; achieving high standards of personal and
group performance; employee and organizational wellness; and resolving issues
constructively and for the common good. To that end, the parties are committed to the
principles of interest -based negotiation (IBN) as the foundation for building and maintaining
effective workplace relations.
It is the intent and purpose of the parties to this Agreement to maintain harmonious
relations and settled conditions of employment forthe continuous and effective operation of
the civic departments concerned - to strive to improve the quality and efficiency of service
supplied to the public; to promote the well- being, morale, safety, security, and productivity,
of all employees within the bargaining unit — the parties hereto set forth the following terms
and conditions relating to employment, remuneration, settlement of disputes and
differences, hours of work, employee benefits and related matters affecting employees
covered by this Agreement.
The Employer and Union hereby recognize and acknowledge that anticipated changes to
the way in which the Employer delivers water and sewerage services is expected to result
in the creation, during the extended lifespan of the Collective Agreement, of a new
department of the Employer responsible for the management and operation of the
Employer's water and sewerage utility. Accordingly, the Employer and Union hereby agree
to negotiate explicit terms and conditions respecting the working conditions and associated
matters respecting those employees who will be affected by the creation of the aforesaid
department in a manner that will promote its continuous, effective and efficient operation.
1
N
1.02 Vision and Values
The parties seek to be leaders in municipal service; to cultivate a highly qualified specialist
workforce aligned with the community's vision for the future. The foundation for positive
achievement are values: commitment - fulfilling the expectations created in our promises,
both direct and implied; integrity— conduct that is honest, fair, respectful and ethical; and
responsibility — establishing accountability, expectations and values -based outcomes.
The goal is to establish the City of Saint John as a service based, results- oriented and high
performance public service organization.
ARTICLE 2 - RECOGNITION AND NEGOTIATIONS
2.01 Sole and Exclusive Bargaining Agent
The Employer, or anyone authorized to act on its behalf, recognizes Local 18, Canadian
Union of Public Employees (as per N.B.I.R.B. Certification Order No. 436) as the sole
collective bargaining agent for all employees of the City of Saint John, except those
employees covered by the Certification of C.U.P.E. Locals 61, 486 and I.A.F.F. Local 771.
2.02 Employees Covered by this Collective Agreement
Any new departments, divisions or sections introduced or created during the term of the
Collective Agreement which includes work or service of the bargaining unit shall be
covered by Local 18. Management and non -union positions mutually agreed or determined
by the Industrial Relations Board to be excluded from the bargaining unit shall not be
affected by this Article.
Employees within the bargaining unit assigned to the Saint John Police Force are also
covered by this Agreement. When changes to the organizational structure take place, the
Union shall be notified of such in writing.
2.03 Right to Negotiate
The City of Saint John or anyone authorized to act on its behalf approves and recognizes
Local 18, Canadian Union of Public Employees, as the sole bargaining agent for the
employees classified and covered by this Agreement, and hereby consents to negotiate
with the Union Committee or any duly authorized representative thereof on any and all
matters affecting this relationship between the parties to this Agreement. The term
"employee(s)" shall be deemed to cover all employees as per certification.
2.04 Local Agreements
No employee within the bargaining unit shall be required or permitted to make a written or
verbal agreement with the Employer or its representatives which may conflict with the
terms of this Collective Agreement.
2
270
2.05 Work in the Bargaining Unit
Persons whose regularjobs are not in the bargaining unit shall not work on anyjobs which
are included in the bargaining unit except in cases mutually agreed upon by the parties or
in cases of an emergency which directly affects the health and welfare of the public and
where immediate attention is needed.
ARTICLE 3 - RESPONSIBILITY OF PARTIES
3.01 Employees' Right to Membership
The Employer agrees not to interfere with the right of any employee designated as within
the bargaining unit to become a member of the Union.
3.02 No Strike or Lock -Out
There shall be no strike or lock -out of employees during the term of this Agreement, in
accordance with the Industrial Relations Act, Chapter 1 -4, Province of New Brunswick, as
amended.
3.03 Compulsory Check -Off
The City agrees to deduct the required Union dues and uniform assessments weekly from
each and every employee covered by this Agreement which shall be forwarded to the
Treasurer of the Union by the last Friday of every month.
On the last Thursday in June, the Union shall provide a list of names of employees who
owe union dues. Such list shall contain the names and amounts outstanding. Such dues
shall be deducted in full from the first pay cheque in July.
The Employer shall not be liable for any action under this Article.
3.04 Remit Dues
Deductions shall be forwarded to the Treasurer of the Union not later than the last Friday of
that month, accompanied by a list of the names of employees covered by the Collective
Agreement and amount deducted. Computer Print -Out will show above information.
3.05 New Employees
The parties agree that their designated representative shall acquaint first time employees
to the fact that a union agreement exists. This will be a joint meeting and shall be
scheduled by the Employer during normal working hours. The purpose of this meeting is to
discuss conditions of employment including the responsibilities of both parties.
3
271
3.06 Membership
All employees within thirty (30) calendar days' service shall as a condition of employment
become members and remain members in good standing in Local 18 as long as this
Agreement is in effect.
3.07 While on Duty
The Union agrees to promote management's effort to create a responsive, enthusiastic,
and respectful work environment, dedicated to providing quality, cost - effective service;
achieving high standards of personal and group performance; and resolving issues
constructively. Further, the Union agrees to promote management efforts in the prevention
of drinking and illegal drug use while on duty.
3.08 Picket Lines
In the event that any other employees of the Employer engage in a strike or where
employees in an industrial dispute engage in a strike and maintain picket lines, the
employees covered by this Agreement shall have the right to refuse to cross such picket
lines.
3.09 Failure to Cross Picket Line
Failure to cross such a picket line by members of this Union shall not be considered a
violation of this Agreement, nor shall it be grounds for disciplinary action. However, this
clause shall not apply in cases of fire, flood, or hazard to life or property.
ARTICLE 4 - HUMAN RIGHTS
4.01 Human Rights Act
It is agreed that there shall be no discrimination or coercion exercised or practiced with
respect to any employee by any ground prohibited by the Human Rights Act.
ARTICLE 5 - CORRESPONDENCE
5.01 Response Relating to Collective Agreement
The Employer agrees that reports which are to be dealt with by the Employer which could
affect the relationship of the Collective Agreement, the Employer shall extend an
opportunity to the Union to express their views on said report prior to being implemented.
5.02 Bulletin Boards
Bulletin Boards shall be placed and maintained by the Employer in each department,
division and section and shall be accessible to all employees.
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5.03 Notification Regarding Resolutions
Copies of all resolutions adopted by the Employer which affect the Agreement are to be
first forwarded to the Union, then posted on all Bulletin Boards.
5.04 Correspondence to Union
All correspondence between the parties, hereto, arising out of this Agreement or incidental
thereto, shall pass to and from the Director of Human Resources or designate of the City
and the Recording Secretary of the Union.
ARTICLE 6 - MANAGEMENT RIGHTS
6.01 Rights
The Union acknowledges that it is the exclusive right of the Employer to hire, layoff,
discharge, classify, reclassify, transfer, promote, demote, or discipline employees, subject
to the provision of this Agreement.
6.02 Maintain Order in the Workplace
The Union acknowledges the exclusive right of the Employer to operate and manage its
business in all respects, maintain order and efficiency and make rules and regulations.
The Union further acknowledges that all the rights, power, and authority of the Employer
are retained by the Employer, except those specifically abridged, delegated or modified by
this Agreement and any supplementary agreements that may hereafter be made by the
parties.
The above functions, rights, powers, and authority will be exercised in a manner which
does not violate any of the terms of this Agreement. Claims for wrongful or unjust
discharge shall be subject to the grievance procedures provided herein.
6.03 Establishment List
The Establishment created by the Employer for full -time permanent employees shall be
given to the Union annually.
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6.04 Establishment
During the term of this Collective Agreement, the number of Local 18 positions may
fluctuate by plus or minus five percent (5 %) of two hundred and ninety -three (293)
permanent full -time positions.
Until at least two hundred and ninety -three (293) permanent full -time positions have been
filled, the initial reduction in the number of those positions shall not occur.
For the purposes of this Article, in determining whether a position is filled, a member of
Local 18 who is in receipt of the insured Long Term Disability (LTD) benefits shall be
considered as filling one of the two hundred and ninety -three (293) permanent full -time
positions, while a member of Local 18 who is in receipt of both the insured LTD and CPP
disability benefits, shall be considered as not filling one of the positions.
Any fluctuation below two hundred and ninety -three (293) positions may occur through
attrition. The Local shall be advised of the rationale for any fluctuations in advance.
The Employer shall have the flexibility to add to or reduce by five percent (5 %) of two
hundred and ninety -three (293) positions, to a maximum of fifteen (15) positions, during the
term of this Collective Agreement, but shall cap reductions at the following maximums in
each of the first three (3) calendar years of this Collective Agreement.
2015 — a decrease of not more than two percent (2 %) being six (6) positions;
2016 — a decrease of not more than two percent (2 %) being six (6) positions;
2017 — a decrease of not more than one percent (1 %) being three (3) positions.
In the event the Employer does not exercise the maximum allowable reduction in any given
year, then it is agreed that those reductions not made, may be made by the Employer in
any subsequent year.
If the Employer exercises the flexibility to reduce positions and the maximum reduction is
reached by December 31st in any of the calendar years identified above, a lump sum
payment of one percent (1 %) of base salary shall be paid to current employees hired after
December 31 st, 1985, and one and a half percent (1.5 %) of base salary shall be paid to
current employees hired prior to December 31St, 1985, in the calendar year in which the
maximum reduction is reached. Any such lump sum payment(s), if triggered, shall be paid
within six (6) weeks of the commencement of the followina vear.
If the Employer exercises the flexibility to reduce positions in years 2018 and 2019, no
lump sum payment will be paid out.
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It is understood that where there is a lack of work in a Department, the Employer may
transfer or abolish and create a position in the same Department or another Department as
long as the number of positions does not fluctuate below five percent (5 %) of two hundred
and ninety -three (293).
Any such transfers shall be offered by order of seniority and ability to employees in the
affected Department.
In this Article, "Department" shall be defined as Growth and Community Development
Services, Public Safety Services, Transportation and Environment Services, Saint John
Water, Finance and Administrative Services, Strategic Services, and Legislative Services.
ARTICLE 7 - MUTUAL INTEREST COMMITTEES
7.01 Mutual Interest Committee
(a) For the efficiency of service, it is agreed by the parties that a Mutual Interest
Committee (MIC) be established, consisting of four (4) representatives each from the
Union and Management, and any additional resource people as required by the
Committee. The Committee, a forum for labour- management consultation during the
life of this Collective Agreement, shall promote on -going dialogue on matters of
concern and mutual interest, and function in accordance with the terms of reference
established jointly by the parties. To that end, the parties are committed to the
principles of interest -based negotiation (IBN) as the foundation for building and
maintaining effective workplace relations.
(b) Career Development Coordination shall be a function of the MIC. The MIC shall
monitor and advise on overall training and career development activities. Career
Development shall be an agenda item for the MIC at least twice annually and more
frequently as required.
(c) The Committee shall enjoy the full support of both parties in furthering the interests of
improved service to the public and general welfare of the Employer and employees.
The MIC shall meet every other month unless mutually agreed.
(d) The following are sub - committees of the Mutual Interest Committee:
Training & Certification Advisory Panels
Return to Work Committees
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7.02 Training & Certification Advisory Panels
A Training & Certification Advisory Panel shall be established for each broad area of
service to monitor, promote and advise on matters relating to training and certification.
Each panel shall consist of two (2) members appointed by the applicable Commissioner,
two (2) by the Executive of the Union and, optionally, one (1) by a supporting training
institution. The panel shall work with regulatory agencies, training institutions and industry
associations to ensure programs reflect current and emerging service standards.
Meetings shall be held once annually, prior to Career Development discussions at the
Mutual Interest Committee and more frequently as required.
ARTICLE 8 - TERMS OF EMPLOYMENT
8.01 Classifications of Employment
The Employer and the Union agree that there shall be three (3) classifications of
employees, namely:
• Permanent Employees
• Casual Employees
• Student Employees
8.02 Permanent Employees
(a) Permanent employee shall mean an employee who has been appointed to fill a
vacancy in the establishment of a department.
(b) The Employer and the Union agree that there shall be an employment structure for
permanent employees based on a series of career paths within various areas of
service as identified in Schedule "B ".
8.03 Career Path Defined
A career path is a stream of employment for permanent employees, over various job
classification levels, involving increasing levels of expertise, responsibility and associated
remuneration.
8.04 Casual Employees
(a) Except as otherwise specified in Article 8.04(b), casual employee shall mean an
employee hired on a temporary, part -time basis who is employed in labourer duties
only, as additional staff is required by the Employer. All casual employees are
considered new hires.
(b) In circumstances where specialized skills or qualifications are temporarily required by
the Employer, casual employees may be hired for such specialized roles, after
agreement between the Employer and the Union.
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(c) Casual employees shall not be subject to the terms of this Agreement except for
Union Dues, Statutory Holidays and Casual Rate of Pay.
(d) Casual employment shall not exceed six (6) months in any calendar year, unless
mutually agreed between the Employer and the Union.
8.05 Student Employees
Student shall mean a person who is employed during the period April 15 to September 30
and who was a student at a school, college, university or other educational institution
prior to becoming employed with the City of Saint John and who is intending to return to
school at the end of the vacation period. Such employee shall not accumulate seniority or
Sick Leave Credits and such employee shall be terminated no later than September 30th
of that year.
8.06 Probationary Period - Newly Hired Permanent Employees
All newly hired employees appointed to a permanent position must serve a probationary
period of twelve (12) months from date of hiring. During such period, the Employer shall
evaluate the suitability of the employee for continued employment. Upon completion of
the probationary period, seniority shall be effective from the date of hiring.
ARTICLE 9 — SENIORITY
9.01 Seniority Defined
Seniority is defined as the length of service with the Employer from date of hiring, except
for casuals as defined in Article 8.04 and students as per 8.05.
9.02 Seniority List
(a) Maintenance of the Seniority List
The Employer shall maintain one (1) seniority list for employees showing the date upon
which employees' service commenced. Where two (2) or more employees commenced
work on the same day, preference shall be in accordance with alphabetical order. Casual
employees do not accumulate seniority.
(b) Posting of Seniority List
An up -to -date seniority list shall be sent to the Union and posted on all bulletin boards or
other suitable places in the month of February of each year.
(c) Absence from Work — Seniority Rights
A permanent employee shall not lose seniority rights nor seniority if he is absent from
work because of sickness, accident or leave of absence approved by the City Manager or
his designate.
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(d) Loss of Seniority
An employee shall only lose his seniority in the event:
i. He is discharged for just cause and is not reinstated.
ii. He resigns and does not withdraw or retract his resignation within five (5) days.
iii. He is absent from work in excess of five (5) working days without notifying the
Employer, unless such notice was not reasonably possible.
9.03 Seniority Applied
Seniority shall be applied as follows:
(a) For all benefits, except as modified below, from date of hire, except for casuals as per
Article 8.04 and students as per Article 8.05.
(b) For promotions and job postings, seniority shall be from date of hire. However, for
employees hired in a position of the bargaining unit after January 1, 1999, only
seniority accrued within this bargaining unit shall be considered for promotional
purposes.
(c) For vacation scheduling, preference within Division or Section (not entitlement), from
the date of hire.
(d) For work scheduling purposes, by classifications.
ARTICLE 10 - TRAINING, STAFFING, AND CAREER DEVELOPMENT
10.01 Training and Career Progression
(a) Training and career progression shall be provided through a system of structured
learning and development, organized by career path in broad areas of service, in
accordance with Schedule "B" to this Agreement as introduced effective January 1,
2012.
(b) Permanent employees shall be placed in the new employment structure at the
classification level that best reflects their classifications and recognized skill levels on
January 1, 2012.
10.02 Training and Career Development Opportunities
(a) Training and career development opportunities shall be made available to all
employees, in accordance with Schedule "B" to this Agreement.
(b) Annually employees will receive a training schedule.
(c) Training opportunities to qualify for the promotions (Foreman and Sub - Foreman) will
be posted as required.
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10.03 Staffing — Permanent Positions
(a) Promotions Resulting from Postings
Subject to 9.03(b), in making changes, transfers, or promotion to positions within the
bargaining unit, appointment shall be made of the applicant with the greatest seniority
provided he has the ability and qualifications to perform the job, subject to the
provisions detailed in Schedule "B" to this Agreement.
(b) Ability and Qualifications
The ability and qualifications as detailed in Schedule "B" shall be utilized in a staffing
process coordinated by Human Resources. Criteria used to evaluate the ability and
qualifications of candidates for a job shall include: meeting minimum prerequisites for
the job; required knowledge, education and training; acceptable job performance; and
required competency. Based on the evaluation of these criteria, a recommendation
shall be made to the Department Head and, subject to his /her concurrence, a
recommendation for appointment of the successful candidate shall be made to the
City Manager.
Information shall be shared with the Union when a recommendation is made.
(c) Minimum Prerequisites
The minimum prerequisites for a job are those factors such as work experience in a
career field, recognized industry or service area certifications (or equivalent licenses),
and driver's licenses.
(d) Knowledge, Education and Training
Applicants for promotion must satisfy the knowledge, education and training
requirements for the applicable job level, in accordance with the structure outlined in
Schedule "B ".
Only Sub - Foreman and Designated Operators will be eligible to apply for the
Foreman and Operator positions respectively.
(e) Job Performance
The job performance criteria includes reliability and regular attendance at work,
achieving desired work outcomes, participation in training programs, ability to work in
a team environment and demonstrated potential for promotion to the job being
sought. The documented performance of employees shall be used in the job
performance component of the staffing evaluation. Where there is no relevant
documentation, the candidate shall be considered to have acceptable job
performance. All performance documentation shall be copied to the personnel file
and to the Recording Secretary of the Union.
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(f) Competency
The competency of a candidate for promotion must be confirmed by a positive
recommendation in writing from both the employee's immediate supervisor (foreman,
operator, general foreman, or manager, as applicable) and the manager responsible
for the supervisor's work unit.
10.04 Staffing — Temporary Assignments for Permanent Employees
(a) Requirement to Act on A Temporary Basis
Job Specifications shall identify duties and responsibilities, essential experience, required
education and training, and certification standards for each job classification level. Where
applicable, such duties and responsibilities shall include the requirement to act on a
temporary basis for a supervisory job at a higher job classification level within a career
path. This requirement shall be a factor in establishing the classification level and wage
rate for the job.
(b) Temporary Assignments Less than 30 Days
For Temporary assignments less than thirty (30) calendar days at the Foreman and
Operator position, there shall be no adjustment of wage rate. Such assignments shall be
filled by the senior eligible employee, first in the crew, then in the section, and then in the
division.
(c) Extended Acting and Temporary Assignments of 30 Days or More
For extended and temporary assignments of thirty (30) calendar days or more at the
Foreman and Operator position, the employee in such extended acting assignment shall
receive the higher rate of pay for the entire period so employed. Such assignments shall
be filled by the senior qualified employee, first in the section, and then in the division.
For extended acting and temporary assignments of thirty (30) calendars days or more at
the Sub - Foreman and Designated Operator position, the employee in such extended
acting assignment shall receive the higher rate of pay for the entire period so employed.
Such assignments shall be filled by senior qualified employee, first in the crew, then in
the section, and then in the division.
(d) Non - Supervisory Temporary Assignments
The employment and classification structure and the applicable rates of pay are designed
to compensate employees to the level of their training and ability. Accordingly, there shall
be no need for non - supervisory temporary assignments.
(e) Acting Pay for Position Not Covered by Collective Agreement
Any employee required by the Department Head to fill temporarily a position not covered
by this Agreement, shall receive the wages paid for such position, and the employee shall
remain a member of this Union until he or she becomes permanently appointed.
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(f) Acting Term to Be Counted for Purpose of Article 10.03
An employee who works on a temporary assignment and subsequently applies for the
position shall have all such time in the previous twelve (12) months counted for the
purpose of Article 10.03.
ARTICLE 11 - JOB POSTINGS
11.01 New Positions and Vacancies
When a vacancy occurs or a new position is created, either inside or outside of the
bargaining unit, the Employer shall notify the Union in writing and post notices of the
position in the Employer's offices, locker rooms, shops, and on all bulletin boards so that
all Union members will know about the vacancy or new position.
11.02 Timelines for Posting and Promotions
(a) All vacancies shall be posted within fifteen (15) working days following the vacancy
arising. The closing date for job posting shall be fifteen (15) days following the posting
date. These timelines may be extended by mutual agreement.
(b) Vacancies may be posted externally at least five (5) days after they have been posted
internally, however no external applications will be considered until all internal
apolications have been fullv processed.
(c) Upon mutual agreement between parties, anticipated resulting vacancies may be
posted before a vacancy actually occurs.
(d) Promotions from within the bargaining unit shall be made within thirty (30) working
days from the closing date of job postings. The wage increase shall be effective as of the
date of the appointment. Notification of the appointment is to be made in writing to each
applicant and to the Union.
11.03 Information on Postings
Postings shall contain the following information:
Wage or salary rate or range, nature of position, shift, hours of work, required knowledge
and education or equivalency in experience plus desired qualifications.
11.04 Work Performed by Tradesmen
Tradesmen shall work at their respective trades for which they are qualified. Work
pertaining to that trade shall be done or supervised by the tradesmen so listed under this
Agreement.
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11.05 Job Specifications
(a) Reviewing of Job Specifications
The Employer shall provide the Union, for their comments thereof, the job specifications
for all future postings or new jobs created within the bargaining unit. The Union shall
forward their comments in writing within fifteen (15) days of reviewing such job
specifications. If the Union feels that the rate of pay is not representative of the job
specification, the Union shall meet and discuss same with the Employer. If no agreement
can be reached on the rate, then it shall be submitted to arbitration in accordance with
Article 12.
The new rate agreed on or determined by arbitration shall become retroactive to the time
the new position was first filled by an employee.
(b) Job Specifications for New Positions
The Employer shall prepare a new job description whenever a new job is created.
When a new job is created, the rate of pay shall be subject to discussion between the
Employer and the Union. If the parties are unable to agree on the rate of pay for the job
in question, such dispute shall be submitted to grievance and arbitration.
The new rate shall become retroactive to the time the new position was first filled by an
employee.
(c) All Inclusive Job Specifications
Job specifications shall be inclusive, with duties and responsibilities including those of the
previous level in the career path. Except as specified in Article 10.04(c), an employee
shall receive this permanent wage rate for all duties performed.
11.06 Employee's Right to Revert to Previous Position
An employee appointed to a permanent position in the establishment, in accordance with
Article 10.03, shall have up to fifteen (15) working days to revert to his former position.
Should the employee prefer his previous position, a written notification must be received
by the Manager of Human Resources within the above fifteen (15) day time limit.
An employee's request to revert to a former position after the fifteen (15) day period has
expired may only be considered where there is mutual agreement between the Union and
the Employer.
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11.07 Re- Classification
When the duties of any job are distinctively changed, the matter shall be subject to
negotiations between the Employer and the Union. If the parties are unable to agree on
the reclassification and /or rate of pay for the job in question, such dispute shall be subject
to Article 12. The new rate shall become retroactive to the time the position was first filled
by an employee, or the date of change in job duties.
ARTICLE 12 - GRIEVANCE RESOLUTION PROCESS - INTERNAL
12.01 Grievance Defined
The Grievance is defined as an alleged violation of the Collective Agreement or a case
where either party has acted unjustly or improperly in the administration of the Collective
Agreement.
12.02 Appointment of Shop Steward and Grievance Committee
The Union shall notify the Employer in writing of the names of those employees
designated as Shop Stewards. Only those employees may act in that capacity.
12.03 Processing of Grievance - Levels
STEP 1
All grievances shall be made in writing to the Shop Steward in his Department/Division by
the employee or employees concerned. The grievance shall first be taken up with the
Division or Section Head of the Department/Division concerned within seven (7) working
days after the employee becomes or should have become aware of the matter which is
the cause of the grievance. A period of seven (7) working days shall be deemed as the
period required to reply to the grievance so discussed.
STEP 2
If the decision of the Division or Section Head of the Department /Division is not
acceptable to the Union member, the grievance or grievances shall then be submitted
within fifteen (15) working days to the Director, Commissioner, or Designate concerned to
reply in writing within seven (7) working days after the grievances is /are submitted.
STEP 3
If the decision of the Director, Commissioner, or Designate is not acceptable to the
Union, the grievance or grievances shall be submitted to the City Manager within seven
(7) working days and a period of seven (7) working days shall be deemed the period
required by the City Manager to reply in writing of his decision in the grievance or
grievances so discussed.
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STEP 4
If the decision of the City Manager is not acceptable to the Union, the grievance or
grievances shall be submitted to the Common Council by filing with the Common Clerk
within seven (7) days of the City Manager's decision and a hearing shall be granted at the
second regular meeting of the Common Council following application and a period of
seventeen (17) days shall be deemed as the period required by Common Council to reply
in writing of its decision in the grievance or grievances so discussed.
12.04 Grievance Initiated at City Manager's Level
Where a dispute involving a question of general application, administration or
interpretation occurs, or where a group of employees or the Union has a grievance, such
grievance may be initiated at the City Manager's level.
12.05 Extension of Time Limits
Time limits mentioned above can be extended by mutual consent of the parties.
12.06 Grievance Resolution Process Mediation
(a) Where a grievance has not been resolved to the satisfaction of either party to the
grievance through the internal grievance resolution process, they will notify the other
party of their desire to proceed to interest -based grievance mediation. Grievance
mediation is a voluntary process which can be an effective alternative to grievance
arbitration for management and labour to solve problems. The parties, through the
assistance of a mediator, shall attempt to resolve the grievance through negotiation,
therefore, allowing the parties to control and shape the settlement. Grievance
mediation does not interfere with the rights of the parties to the arbitration process.
(b) The grievance mediation process shall be confidential, voluntary, informal and
conducted by mediators trained in the principles of interest -based
negotiation /problem - solving. The appointment of the mediator shall be made by the
designated representatives of the parties, except when requesting the services of a
mediator from the Department of Post - Secondary Education, Training and Labour.
(c) Where the parties are interested in using the mediation process, the parties agree to
the following:
i. Either party may suggest to the other that a grievance filed under the Collective
Agreement be referred to mediation. The party to whom the suggestion is made
is free to accept or reject the suggestion. The parties will use an Agreement to
Mediate, to suggest grievance mediation.
H. Grievances will only be referred to mediation if both parties agree.
The person or persons (office or offices) with authority to refer a grievance to
mediation will be designated by the parties.
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iv. Settlement and Training
a. The representatives attending mediation sessions will have the authority to
settle the grievance.
b. Representative from each party will take training in the process and
procedure of grievance mediation before they participate in the grievance
mediation process.
v. Agreement to Mediate
When both parties agree to mediate a grievance, the Agreement to Mediate
will be completed.
The mediator will be chosen from a list of suitable individuals agreed to by
the parties on a rotating basis or will be appointed by the Department of
Post - Secondary Education, Training and Labour. A Mediator Appointment
Agreement, which outlines certain stipulations about which the mediator and
the parties need to be aware, will be entered into.
vi. There shall be no loss of wages and benefits for participation in the grievance
mediation process.
vii. Mediation Time Limits
a. If an Agreement to Mediate is signed by both parties, the period of time from
the date it is completed by the parties until (1) one party revokes, in writing,
the reference to mediate, or (2) the mediation ends (whether successfully or
not), is to be excluded from the computation time under the steps of the
grievance mediation process.
b. Mediation ends in accordance with the provisions specified in the Mediator
Appointment Agreement.
viii. Mediation Results
a. If the mediation resolves the grievance, the Mediator will provide the parties
with a report outlining the settlement.
b. If the mediation does not resolve a grievance, either party is free to start
proceedings or to continue proceedings to resolve the grievance.
The time limits set forth may be extended by mutual consent of the parties.
12.07 Arbitration
STEP 1
Within a period of fifteen (15) days from the date of decision of the Common Council,
either party may, by written request to the other party, require the matter to be referred to
a Board of Arbitration. Such Board shall consist of three (3) persons who shall be
selected as follows: The Employer shall appoint one (1) member and the Union shall
appoint one (1) member, each to be appointed within ten (10) days following receipt of
such written request for arbitration and the members so appointed shall select within five
(5) days after their appointment, a third member who shall be Chairman.
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STEP 2
If either party shall refuse or neglect to appoint a member as aforesaid to a Board of
Arbitration, the Minister of Post - Secondary Education, Training and Labour of the
Province of New Brunswick may be requested by the other party to name a member. In
the event that the two (2) members appointed are unable to agree upon the selection of a
Chairman, the said Minister of Post - Secondary Education, Training and Labour may be
requested by either party to name a Chairman of the Board.
STEP 3
Hearings of the Board shall commence within fifteen (15) days after the appointment of a
Chairman, and shall continue in such manner that the arbitrators shall make their award
in writing not later than one (1) month after the entering upon the reference. The decision
of the majority of the Board shall be final and binding upon the parties to this Agreement.
STEP 4
The expense and remuneration of the Chairman and secretarial services shall be borne
in equal shares by the City and the Union. The expenses and remuneration of the other
two (2) members of the Board shall be borne by the parties by whom they were selected
or for whom they were appointed by the said Minister of Post - Secondary Education,
Training and Labour.
STEP 5
It shall be the duty of the Board of Arbitration to hear all parties concerned and to
determine the matters referred to it. Upon determination of the matter, the Board of
Arbitration shall make any order which will provide for final settlement of the matter and
make any order that will restore the aggrieved party, whether it be the Union or the City,
to its rightful, just and equitable position.
12.08 Arbitration Binding
Every party to and every party bound by the Agreement and every person on whose
behalf the Agreement was entered into shall comply with the provision final settlement
and give effect thereto.
12.09 Reinstatement
Should it be found upon investigation that an employee has been unjustly suspended or
discharged, such employee shall be immediately reinstated in his former position, without
loss of seniority rating and shall be compensated for all time lost in an amount equal to
his normal earnings during the pay period next preceding such which is just and equitable
in the opinion of the Board of Arbitration if the matter is referred to such a Board.
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ARTICLE 13 - HOURS OF WORK
13.01 Regular Work Day, Shifts Defined
The hours of work, as determined by the director or manager, shall be as follows:
(a) Eight (8) Hour Shift
The regular working day shall not be more than eight (8) consecutive working hours,
between 6:00 a.m. and 5:00 p.m., five (5) days a week - Monday through Friday. A
half ('/2) hour meal break without pay shall be scheduled at mid -shift.
Evening shift shall consist of eight (8) consecutive working hours between 4:00 p.m.
and 12:00 a.m. A paid lunch break shall be scheduled at mid - shift.
Night shift shall consist of eight (8) consecutive working hours between 11:00 p.m.
and 7:30 a.m. with a half ('/2) hour meal break without pay to be scheduled at mid -
shift. Employees on night shift shall report to work at 11:00 p.m. Sunday night.
The said employees shall receive the usual overtime rates of pay as paid under this
Agreement.
(b) Ten (10) Hour Shift
The regular work week shall consist of four (4) consecutive ten (10) hour shifts,
followed by three (3) consecutive days off. The regular working day shall not be more
than ten (10) consecutive working hours between 6:00 a.m. and 6:00 p.m. or ten (10)
consecutive working hours between 6:00 p.m. and 8:00 a.m. A half ('/2) hour meal
break without pay shall be scheduled at mid - shift. Employees on the ten (10) hour
shift may be scheduled to work a regular shift on Saturday or Sunday, but not both.
(c) Watchmen, gas attendants and caretakers shall enjoy a forty (40) hour week and
receive the usual overtime rates of pay as paid under this Agreement.
(d) Dispatcher /Duty Person and Customer Service Specialist - refer to Schedule "C ".
(e) The forty (40) hour work week or overtime rates of pay shall not apply to caretakers at
Loch Lomond or Spruce Lake systems.
13.02 Market Section
Employees in the Market shall enjoy a forty (40) hour work week and receive the usual
overtime rates of pay as paid under this Agreement.
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13.03 Division of Parks and Public Spaces
An employee of Parks and Public Spaces will be assigned to a shift as outlined in either
13.03(a) or 13.03(b) as required.
(a) The regular work week shall consist of forty (40) working hours per week with five (5)
consecutive days scheduled on and two (2) consecutive days scheduled off. The
regular working day shall be eight (8) consecutive working hours scheduled between
the hours of 7:00 a.m. and 1:00 a.m. with a half ('/2) hour meal break without pay
scheduled at mid - shift. The regular overtime rates of pay and shift differentials shall
apply. Employees may be scheduled to work on Saturday or Sunday, but not both.
(b) The regular work week shall consist of forty (40) working hours per week, four (4)
consecutive ten (10) hour shifts, followed by three (3) consecutive days off. A half
('/2) hour meal break without pay shall be scheduled at mid - shift. Employees may be
scheduled to work on Saturday or Sunday, but not both.
13.04 City Arenas and Complexes
An employee of Parks and Public Spaces assigned to an arena will be assigned to a shift
as outlined in either 13.04(a) or 13.04(b).
(a) The Employer shall provide at appropriate times work schedules applicable to City
arenas.
i. Employees included in these schedules may be assigned to other duties as
required by the Employer. Relief employees included in this schedule will not
exceed three (3).
ii. Neither the regular work day nor the regular work week shall apply to any
employees included in these schedules.
iii. Every employee included in these schedules shall work on a rotating shift. The
rotating shift schedule shall consist of three (3) days, three (3) nights (3) days off
or three (3) nights, three (3) days, three (3) days off.
iv. None of these employees shall be scheduled to work more than nine (9) hours
per shift scheduled between the hours of 6:00 a.m. and 1:00 a.m., subject
however to the provisions of the following paragraph:
v. The number of hours scheduled during the operation of City arenas must be an
average of forty (40) hours per week. Notwithstanding the provisions of the first
paragraph hereof, within the first three (3) weeks and the last three (3) weeks of
the operation of any particular arena, the Employer shall make any alteration to
the schedules necessary to assure that the average hours worked by each
employee during the period of operation of City arenas is forty (40) hours per
week.
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vi. Overtime shall be paid at the applicable rate for all hours worked in excess of the
assigned shift.
(b) An employee may be scheduled to work four (4) consecutive ten (10) hour shifts
between the hours of 6:00 a.m. and 1:00 a.m. followed by three (3) consecutive days
off. Employees may be scheduled to work on Saturday or Sunday, but not both.
(c) Overtime shall be paid at the applicable rate for all hours worked in excess of the
assigned shift.
13.05 Parks and Public Spaces Employees
Parks and Public Spaces employees, including Arena Attendants, shall be entitled to the
Statutory Holidays as outlined in Article 15 of this Agreement with pay. An employee who
works on said holidays shall be paid at the rate of double time and be compensated with
another day off with pay at a time mutually agreed within a reasonable period.
13.06 Guarantee of 4 Hours Pay
In the event of an employee being directed to report to work by the Supervisor, either
morning or afternoon, during any regular working day, he shall be paid a minimum of four
(4) hours at the prevailing rate.
13.07 Additional Regular Hours — Foreman, Treatment Plant Operators
Organizing the work day is an integral component of the responsibilities of Foremen and
treatment plant operators. As such, Foremen and treatment plant operators are required
to report for work a half ('/2) hour prior to the regular scheduled shift and will be paid at
the regular rate forthis half ('/2) hour. The payment herein shall be included in the regular
weekly pay for the calendar year and has no application for overtime calculation
purposes. Temporary Foremen and temporary treatment plant operators will only be paid
for this half ('/2) hour period should they be scheduled to work thirty (30) minutes prior to
the commencement of the regular shift.
13.08 Work Supervision
Work performed in any Department by a work crew of four (4) or more employees shall
be supervised by a Foreman, an Operator or a Sub - Foreman, who shall be requested to
do manual work when his supervisory responsibilities so permit.
13.09 Call -Back Prior to Shift, Continuance of Shift
Every employee who is requested to report to work before his regular shift shall be paid a
minimum of four (4) hours at his overtime rate. Every employee who is requested to stay
after his regular shift shall be paid a minimum of one (1) hour at his overtime rate. When
an employee completes the work for which he stays, he may be allowed to leave work.
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13.10 Irregular Shifts, Flexible Hours, Split Shifts, etc.
The Employer will negotiate with the Union any shifts other than those specified in the
Collective Agreement; with suitable rest periods between shifts, including the matter of
split shifts, flexible hours and swing shifts. If no agreement is reached, the dispute shall
be submitted to Grievance Procedure at City Manager Level.
13.11 Work on Night of Union Meetings
Where possible, no work will be scheduled on Union Meeting nights except for
employees required to work their regularly scheduled shift.
13.12 Employee Shift Change
In the event it is necessary to change an employee's shift, the employee will be provided
with a minimum of a two (2) week notice prior to the commencement of the new shift. It is
understood that an employee's regular shift in the weekly schedule will commence at the
same time.
The two (2) week notice is not required for shift change due to an appointment to a
posted vacancy.
13.13 Temporary Shift Change
The two (2) week notice may be waived for a temporary shift change through mutual
agreement with the employee. The Union must be notified prior to the shift change,
including the return to the regular shift.
13.14 Shift Pick
Shift pick selection must be completed prior to vacation selection (see Article 15)
ARTICLE 14 — OVERTIME AND PREMIUMS
14.01 Qualification Based Pay System
The parties agree to establish a qualification -based pay system, one that recognizes
attainment of skills and provides substantive incentive to assume greater responsibility
and to advance. Schedule "B" details the series of job classification levels for each broad
area of municipal service. The pay or salary rate established for each level of
classification, as summarized in Schedule "A ", has been designed to incorporate all
relevant aspects of pay.
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14.02 Shift Differentials
(a) Due to the type of work carried out by the City of Saint John, it is necessary that
evening and night shifts be maintained. Employees who work on a regular shift
between 2:00 p.m. and 8:00 a.m. will receive additional remuneration at the rate of
one dollar ($1.00) per hour provided the complete shift is between 2:00 p.m. and 8:00
a.m. This premium does not apply to any overtime hours worked unless the overtime
is as a result of a shift extension.
(b) When an employee is scheduled to work a regular shift between 2:00 p.m. and 8:00
a.m., the employee's rate of pay shall be adjusted by the shift differential amount for
the entire period employed on such regular shift.
(c) Special Night Shift: Notwithstanding Article 13.01 (b), an employee scheduled to work
Saturday and Sunday during their regular four (4), ten (10) hour shift, shall receive in
addition to the night shift premium stated in 14.02 (a) and (b), a Special Night Shift
Premium of one dollar ($1.00) per hour for the entire period employed on such
regular shift.
(d) Employees whose jobs include a requirement for rotating shifts shall not be eligible
for shift differential. The rate of pay for such jobs reflects the requirement to work
such rotating shifts. Any additional jobs being considered for such rotating shifts shall
be subject to Article 11.05(a).
14.03 No Premium Pay Provisions
In accordance with Article 14.01, effective July 1, 2002, premium pay provisions shall not
be a part of the pay schedule.
14.04 Equal Opportunity List for Overtime
Each Department, Division, or Section shall create a call -in list for overtime opportunities
based on seniority and classification. In cases of overtime, the Employer shall call in
people in order of seniority by classification, noting where they stop on the list for that
particular overtime call -in. In the next overtime occasion, they shall commence with the
name below the last name called on the previous overtime call. This procedure shall be
followed on each overtime call thereafter. No employee shall refuse his turn at overtime
rotation, unless he furnishes a reasonable excuse to his Department Head.
14.05 Overtime Requirement of up to 12 Hours
All employees shall be required to work up to twelve (12) hours in any one (1) day when
necessary. Any time worked over twelve (12) hours in any one (1) day shall only be done
by mutual consent. Notwithstanding anything contained in this Section, there shall be no
tie -up of snow control or water washouts and flooding or sewerage work because of the
twelve (12) hour working limit. This Article shall be administered in accordance with
Article 4 — Human Rights.
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14.06 Overtime by Shift
(a) Employees Working an Eight (8) Hour Shift
i. All work performed in excess of the regular hours, as scheduled, shall be
considered as overtime and paid at the rate of time and one -half (1'/2) for the first
four (4) hours and double time thereafter until his next regular shift begins.
ii. Employees working five (5) consecutive days on and two (2) off will be paid time
and one -half (1'/2) rate for the first eight (8) hours work performed on the first
regular day off. Double time rates shall apply for all time worked in excess of
eight (8) hours on the first regular day off and all hours worked on the second
day off.
(b) Employees Working a Ten (10) Hour Shift
i. All work performed in excess of the regular hours, as scheduled, shall be
considered as overtime and paid at the rate of time and one -half (1'/2) for the first
two (2) hours and double time thereafter until his next regular shift begins.
ii. Employees working four (4) consecutive days on and three (3) off will be paid
time and one -half (1'/2) rate for the first ten (10) hours work performed on the first
and third days off. Double time rates shall apply for all time worked in excess of
ten (10) hours on the first and third days off and all hours worked on the second
day off.
(c) Double time rates also apply to all work performed on Statutory Holidays in addition to
the regular pay for the holiday.
(d) Where an employee works any portion of his meal period, he shall be paid one (1)
hour at the regular rate for such work.
14.07 Time Off in Lieu of Overtime
(a) Instead of cash payment for overtime, an employee may choose to receive time off at
the appropriate overtime rate at a time mutually selected.
(b) In each overtime situation, the employee shall decide whether he wants pay or to
take time off in lieu, or a combination thereof. Such time off in lieu shall be arranged
in accordance with paragraph (c).
(c) If an employee chooses to take time off in lieu, he must take the time off before the
end of the calendar year at a time mutually selected. Such time off in lieu shall not
conflict with vacation scheduling generally nor be scheduled during a period
traditionally selected by employees for vacation.
(d) All compensatory time earned and not scheduled off prior to November 15 shall be
paid out in the first regular pay period in December.
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14:08 Overtime Meal Allowance
(a) Any employee required to work overtime immediately following his regular shift for a
minimum of one (1) hour or more shall be supplied with a meal allowance of an
appropriate value that is equal to the amounts allocated for other City of Saint John
groups. An additional meal allowance shall be provided every five (5) hours
thereafter. The value shall be evaluated when necessary by the Mutual Interest
Committee (MIC).
(b) Any employee required to work overtime before his regular shift shall be provided with
a meal allowance upon completion of every five (5) hours overtime worked.
(c) Any employee required to work overtime immediately prior to his regular shift for a
minimum of one (1) hour or more shall be supplied with a meal allowance where
possible within one (1) hour of the commencement of the regular shift.
(d) An employee called in on a non - regular working day shall receive a meal allowance
as above, however, this meal policy does not apply to an employee scheduled to
work overtime on a non - regular working day, unless he works more than eight (8)
hours. Where the overtime is scheduled on a non - regular working day, a regular
unpaid meal break of thirty (30) minutes or one (1) hourwill be provided within one (1)
hour of mid - shift.
(e) It is understood that in emergency situations that cause a direct hazard to life or
property, the meal allowance will be supplied at the earliest opportunity possible.
ARTICLE 15 - VACATION PERIOD AND STATUTORY HOLIDAYS
15.01 Vacation Entitlement
All employees, while on vacation, shall receive from the Employer the rate of pay
received two (2) weeks prior to going on vacation.
Employees having completed one (1) year of continuous service shall be granted eighty
(80) hours vacation with pay.
Employees having completed two (2) years continuous service shall be granted one
hundred and twenty (120) hours vacation with pay.
Employees having completed eight (8) years continuous service shall be granted one
hundred and sixty (160) hours vacation with pay.
Employees having completed twelve (12) years continuous service shall be granted two
hundred (200) hours vacation with pay.
Employees having completed twenty (20) years of continuous service shall be granted
two hundred and eight (208) hours vacation with pay.
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15.02
15.03
15.04
Employees having completed twenty -one (21) years of continuous service shall be
aranted two hundred and sixteen (216) hours vacation with Day.
Employees having completed twenty -two (22) years of continuous service shall be
granted two hundred and twenty -four (224) hours vacation with pay.
Employees having completed twenty -three (23) years of continuous service shall be
granted two hundred and thirty -two (232) hours vacation with pay.
Employees having completed twenty -four (24) years of continuous service shall be
granted two hundred and forty (240) hours vacation with pay.
Employees having completed thirty (30) years of continuous service shall be granted two
hundred and eighty (280) hours vacation with pay.
For purpose of clarification, the vacation year shall be from January 1 st to December 31 st
This Article takes effect on the date the Collective Agreement is signed.
Displacement of Vacation Leave
Where an employee qualifies for sick leave during his period of vacation, there shall be
no deduction from vacation credits for such absence. The period of vacation so
displaced shall either be added to the vacation period or reinstated for use at a later date,
at a time mutually agreed. This Article shall only apply in cases where the employee is
hospitalized or provides documentation to the sick leave committee for approval. Any
employee who makes a false claim under this Article shall be subject to disciplinary
action. Any such deductions shall be from personal sick leave accumulation.
Statutory and Proclaimed Holidays
(a) The Employer recognizes the following as paid holidays at the regular rate for an
eight (8) hour period for all employees.
(b) All statutory time excluding Christmas day and Boxing Day not scheduled off prior to
November 15 shall be paid out in the first regular pay period in December.
(a) Statutory Holiday Entitlement — 8 -Hour Days
All of whom are covered by this Agreement are not obliged to perform regular duties on
such days, namely:
• New Year's Day
• Good Friday
• Easter Monday
• Queen's Birthday
• Canada Day
• Remembrance Day
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• New Brunswick Day
• Labour Day
• Thanksgiving Day
• Christmas Day
• Boxing Day
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Two eight (8) hour floating holiday with pay at a mutually agreed upon time each year, for
permanent employees and any other day approved and proclaimed as a holiday by the
Federal, Provincial and Municipal Governments.
(b) Statutory Holiday Entitlement — 10 -Hour Days
Those employees assigned to a ten (10) hour shift, at any time during the calendar year,
will be entitled to one hundred (108) hours of statutory time prorated in lieu of statutory
holidays and two 2 floating holiday. These employees will draw from this statutory time
in order to receive pay for the aforementioned statutory holidays.
Those employees working a regular ten (10) hour day may use compensatory time to
make up the additional two (2) hours pay not included in the pay for the statutory
holiday. Shifts shall be arranged to ensure permanent employees are paid a minimum
of two thousand and eighty (2,080) regular hours.
15.05 When Christmas Falls on Monday, Tuesday, Wednesday or Thursday
When Christmas Day falls on a Monday, Tuesday, Wednesday, or Thursday, December
25 and December 26 shall be considered as paid holidays with time off.
15.06 When Christmas Falls on Friday, Saturday or Sunday
This Article applies only to those employees working an eight (8) hour shift Monday to
Friday. When Christmas Dayfalls on a Friday, Saturday, or Sunday, employees shall be
entitled to four (4) consecutive days off, two of which must be regular working days with
pay.
15.07 Movement of a Holiday — 8 -Hour Shift
When a holiday listed above or is proclaimed, falls on Saturday or Sunday, it shall be
observed on the following Monday.
15.08 Holiday Coinciding with Vacation Leave
When a statutory or proclaimed holiday occurs during an employee's annual vacation,
such employee shall be entitled to an additional eight (8) hours vacation with pay, and
such shall immediately follow the vacation period of such employee.
15.09 Number of Employees on Vacation Leave
Employees on vacation at any one time shall be limited to a reasonable number at the
discretion of the Department Head concerned, so as not to curtail or interfere with the
operation efficiency of the Department. Vacation must be selected in forty (40) hour
blocks and all vacation must be selected prior to March 31 of each year by seniority.
Please refer to Schedule "C" for Customer Service Vacation Leave.
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15.10 Vacation Carry -over
Vacation must be scheduled in the calendar year and vacation carry over shall be
permitted in exceptional circumstances only upon approval of the Department Head
and /or designate.
15.11 Holiday Coinciding with Scheduled Day Off
When any of the above noted holidays falls on an employee's scheduled day off, the
employee shall receive eight (8) hours pay or eight (8) hours off with pay at a time
mutually agreeable.
15.12 Emergency Leave
Each employee will be provided with an opportunity to use up to five (5) days' vacation
annually for emergency leave. Such leave will be requested only for emergency purposes
and shall not be unreasonably withheld. Should an employee require this time off and not
have vacation leave to draw from, they may use compensatory time. Should an employee
not have compensatory time or vacation they may borrow up to five (5) days from the next
year of vacation entitlement.
ARTICLE 16 - LEAVES OF ABSENCE
16.01 Compassionate and Mourner's Leave
For purposes of clarification, bereavement leave shall be defined as an approved leave
of absence from work for a specific period without loss of pay, seniority or other benefits
for the purpose of making funeral arrangements and /or attending the funeral of a
deceased member of the employee's immediate family after notifying the Employer.
16.02 Death of Immediate Family, Common -Law Spouse, Grandparents
In the event of the death of an employee's father, mother, spouse, son, daughter, brother,
sister, father -in -law, mother -in -law, or common law spouse, up to a maximum of three (3)
consecutive days shall be granted, one (1) day which shall be the day of the funeral and
to the extent that any or all of these days are scheduled working days. Duration of the
leave of absence granted an employee in the event of the death of other "in -laws" shall
be at the discretion of the Department Head concerned. In the event of the death of an
employee's grandparents, sister -in -law, brother -in -law or child of a brother or sister, an
employee shall be entitled to two (2) days off with pay.
16.03 Mourner's Leave; Member of Union
In the event of the death of any member of the bargaining unit, the President or his
appointee and Shop Steward of the Department concerned shall be granted paid leave of
one (1) day for the purpose of attending the funeral and to pay last respects to the
deceased.
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16.04 Leave Due to Act of God
An employee may be granted up to five (5) days leave of absence without loss of pay, in
the event he is left homeless due to fire, flood, or any act of God, subject to the approval
of the Department Head.
16.05 Mourner's Leave; Pallbearer
One (1) full day leave shall be granted without loss of salary or wages to attend a funeral
as an active pallbearer.
16.06 Leave without Pay
The Employer shall grant leave of absence without pay and without loss of seniority to a
maximum of one (1) year to any employee requesting such leave for good and sufficient
cause. Such request shall be made in writing by the employee, explaining in detail the
reasons for the leave of absence and submitted to the Department Head with a copy sent
to the Recording Secretary of the Union. Upon his recommendation and approval by the
City Manager, such leave of absence shall be granted.
16.07 Maternity Leave
Maternity leave shall cover a period of seventeen (17) weeks. An employee who resigns for
maternity reasons shall be considered as having been on leave without pay if she is re-
employed within six (6) months of the date of her resignation.
Supplementary Unemployment Benefit Plan
This plan is conditional upon the approval and continued approval of the Federal
Government.
An employee who provides proof that she has applied for and is eligible to receive
Employment Insurance Benefits pursuant to the Employment Insurance Act, shall
be eligible to be paid a maternity leave allowance in accordance with the
Supplementary Unemployment Benefit Plan for a period not to exceed seventeen
(17) continuous weeks inclusive of the two (2) week waiting period for Employment
Insurance benefits.
iii. In respect of the period of maternity leave payments made according to the
Supplementary Unemployment Benefit Plan will consist of payments equal to the
difference between the unemployment insurance benefits the employee is eligible
to receive and ninety percent (90 %) of her regular rate of pay at the time maternity
leave commences, less any other monies received during the period which may
result in a decrease in unemployment insurance benefits to which the employee
would have been eligible if no extra monies had been received during this period.
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iv. Regular rate of pay shall mean the rate of pay the employee was receiving at the
time maternity leave commences, but does not include, shift premium, overtime, or
any other form of supplementary compensation.
During the period of maternity leave, if permissible under the relevant plan, the Employer
shall continue to pay its share of Pension, Health and Dental Plan, and Group Life
Insurance. The employee also agrees to pay her share. When an employee decides to
return to work after maternity leave, she shall provide the employer with at least two (2)
weeks' notice. On return from maternity leave, the employee shall be placed in her former
position.
16.08 Child Care Leave
(a) Parental leave shall be unpaid and cover a period of up to thirty- seven (37) weeks after
the birth or adoption of a child under the age of nineteen (19).
(b) During the period of parental leave, if permissible under the relevant plan, the Employer
shall continue to pay its share of Pension, Health and Dental Plan, and Group Life
Insurance. The employee also agrees to pay his /her share. When an employee
decides to return to work after parental leave, he /she shall provide the Employerwith at
least two (2) weeks' notice. On return from parental leave, the employee shall be
placed in his /her former position. If the former position no longer exists, he /she shall be
placed in an equivalent position.
(c) Employees shall not accumulate vacation credits while on such leave.
16.09 Birth or Adoption of a Child
An employee shall be allowed leave of absence without loss of pay or seniority or
benefits for the following reasons:
Birth of male employees' child — one (1) day
Adoption of child — one (1) day
16.10 Grievance and Arbitration Pay Provisions
Representatives of the Union shall not suffer any loss of pay or benefits for the total time
involved in grievance and arbitration procedures.
16.11 Leaves of Absence for Full -time Union or Public Duties
(a) The Employer recognizes the right of an employee to participate in public affairs.
Therefore, upon written requests, the Employer shall allow leave of absence without
loss of seniority so that the employee may be a candidate in Federal, Provincial levels
and that such leave of absence terminate when the employee is determined to be
elected by the Returning Officer.
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(b) An employee who is elected or selected for a full -time position with the Union, or
anybody with which the Union is affiliated, shall be granted a leave of absence
without loss of seniority for a period of one (1) year.
(c) Where the Union requests pay and benefits for such absence the Union shall
reimburse the Employer for all pay and benefits during the period of absence.
16.12 Veteran's Leave Allowance
The Employer shall continue to pay an employee's normal salary or wage when an
employee is absent when called by the Canadian Pension Commission orwhile detained
at a military hospital for observation, examination, or treatment in connection with a
disability sustained as a result of military service, less any allowance or gratuity other
than for transportation and meals, received by the employee from Veterans Affairs
Canada (VAC). Employees shall be required to present a VAC chit for the amount of
time detained.
16.13 Military Service
(a) Any employee who qualifies for acceptance by the Canadian Armed Forces
(Reserves) shall be entitled to time off with full pay and benefits up to a maximum of
fourteen (14) consecutive calendar days per annum for Reserve Training. This
training time shall be in addition to holidays contained in this Collective Agreement.
(b) Wages received for such approved Reserve Training shall be reported to the
Employer and the employee shall have the option to choose the higher wage
between the City and the Department of National Defence.
16.14 Jury Duty
When an employee is on Jury Duty he shall receive full pay at the prevailing rates. Any
monies received by the employee, from Jury Duty in lieu of weekly pay, shall be paid to
the Commissioner of Finance.
ARTICLE 17 - INJURY ON DUTY
17.01 Objective: An Injury -Free Workplace
An injury on duty represents a failure on the part of all concerned. The pain and
suffering, the loss of productivity, the interruption of career and the unnecessary costs
associated with injury on duty are preventable. It is, therefore, the objective of the parties
that this workplace strives for an injury -free record. To that end, all concerned have a
responsibility to contribute to achieving safe, healthy and injury -free workplace.
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17.02 Reporting of Injury - Immediate Notification and Follow -Up
When an employee is injured on duty, the injury must be reported to his immediate
supervisor as soon as possible after the injury and in any event, not later than the end of
the working period in which the injury was sustained. The employee shall report such
injury on duty on a WorkSafeNB Form 67 — Report of an Accident or Industrial Disease
and duly sign the Form 67.
The manager responsible for the employee shall ensure the injury is reported to
WorkSafeNB by completing and signing a WorkSafeNB Form 67 — Report of an Accident
or Industrial Disease, within three (3) working days of the accident, or within three (3)
working days of receiving notice of the accident.
17.03 Payment for Injury on Duty
(a) When an employee is injured on duty, he shall receive payments from the Employer
equalling eighty -five percent (85 %) of his pre- accident net earnings at the prevailing
rates; subject nevertheless, in case of injury, to the provisions of the Saint John
Pension Plan, provided he has complied with Article 20.06. All payments will comply
with Section 38.2(2.2) of the Workers' Compensation Act.
(b) Any changes to Article 17 shall be by mutual agreement, and if no agreement can be
reached, shall be determined in accordance with Article 12.04.
(c) Any monies an employee is entitled to from WorkSafeNB in lieu of weekly pay shall
be paid by the WorkSafeNB to the City of Saint John. This Article shall not apply to a
person no longer actively employed and who has retired due to a disability.
(d) Net earnings shall be defined as pre- accident gross earnings less any income tax,
Canada Pension and Employment Insurance deductions.
17.04 False Claim
Employees making a false claim such as getting hurt off the job and claiming that the
injury was caused on the job may be discharged immediately. The Union shall not be
liable for any action under this Article.
17.05 Injury Claim - Employee responsibilities
Employees who have been injured on duty and who have an accepted claim for benefits
under the Worker's Compensation Act shall:
(a) Become familiar with their specific responsibilities under the Act and the policies of
WorkSafeNB.
(b) Cooperate, communicate and participate fully during the claim process with all
parties, including the Employer, WorkSafeNB, and health care providers.
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(c) Keep your appointments with your health care providers (physicians, physical
therapists, chiropractors, etc.)
(d) Ask your health care providers to send reports to WorkSafeNB.
(e) Follow the treatment plans developed by your health care providers.
(f) Advise WorkSafeNB if you stop working or need to change your duties because of
your injury.
(g) Keep receipts for expenses directly related to your workplace injury.
17.06 Mutual Responsibility (Management /Union)
Both the Management and the Union understand their specific obligations and
responsibilities under the Workers' Compensation Act and the Human Rights Act.
17.07 Notification of the Union
Notification to the Recording Secretary of the Union shall be made prior to all meetings
with WorkSafeNB representatives concerning specific claims.
ARTICLE 18 - UNION BUSINESS
18.01 Attend a Grievance Hearing
The Employer agrees that permission, on notification to the Director, shall be granted to
not more than three (3) representatives of the Union to leave their employment
temporarily in order to carry on discussions with the Employer or its representatives with
respect to a grievance and they shall suffer no loss of pay for time so spent.
18.02 Attend Union Conventions
Leave of absence with pay and without loss of seniority shall be granted to the
employees elected or appointed by the Union to attend Union Conventions and /or
Seminars. The total aggregate number of hours granted under this Article is not to
exceed three hundred and sixty (360) hours for the bargaining unit per year.
18.03 Negotiating the Collective Agreement
The Union shall have the right at any time to have the assistance of representatives of
the Canadian Union of Public Employees or any other representative when dealing with
union business with the Employer.
18.04 Full -Time Union Representatives
Any employee who is elected or selected for a full -time position with the Union, or
anybody with which the Union is affiliated, shall be granted leave of absence without pay
and without loss of seniority by the Employer for a period of up to one (1) year.
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18.05 Benefits: Unpaid Leave for Union Business
An employee on unpaid approved leave of absence for Union business shall receive his
regular pay and benefits to the extent permitted by statute or regulations. The Union
shall reimburse the Employer for all pay and benefits during the period of absence.
18.06 Preparation for Negotiations
In the period six (6) months prior to the termination of this Collective Agreement, each
member of the Union Bargaining Committee shall be entitled to two (2) days off with pay
to prepare for negotiations, not to exceed five (5) employees.
ARTICLE 19 - PAY DAYS, SERVICE PAY & RETIREMENT PAY
19.01
19.02
Statement of Wages and Direct Deposit Timing
The Employer shall pay salaries and wages in accordance with Article 27 - Pay Table -
attached hereto and forming part of this Agreement. On each pay day, each employee
shall be provided with an itemized statement of wages, overtime and other
supplementary pay and deductions. In lieu of a cheque, salaries and wages shall be
paid by direct deposit to each employee's bank account, not later than 12:00 p.m. each
Thursday.
Service Pay
In recognition of the principle that an employee's knowledge and experience increase
with the length of continuance service, the Employer agrees to pay service pay once a
year to employees hired on or before June 19, 1992, in the following amounts:
Commencing 8th year and including 11th = 1.5% of gross annual earnings /Jan to
year Dec.
Commencing 12th year and including 15th = 2.0% of gross annual earnings
year
Commencing 16th year and including 19th = 2.5% of gross annual earnings
year
Commencing 20th year or more = 3.0% of gross annual earnings
Employees covered by this Agreement, hired after June 19, 1992, will not be eligible for
service pay, now or in the future.
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19.03 Long Service Pay Due November 301h Paid on a Pro Rata Basis on Severance
Long Service Pay shall be due on November 30 of each year and shall be calculated on
a pro -rata basis from the dates of eligibility to December 31.
On severance, an employee shall be entitled to Long Service Pay calculated on a pro -
rata basis from December 31 to the date of departure. When an employee retires or
dies, he /she or his /her estate shall receive the due amount of the Long Service Pay for
that year.
19.04 Retirement Pay
The Employer agrees to pay to each permanent and established employee upon
retirement one (1) month's pay for every five (5) years or fraction thereof to a maximum
of six (6) months' pay. Retirement pay shall be paid at the same rate as that paid for
regular time in the employee's permanent classification for the employee's last working
period. Such payment shall be made in lump sum upon retirement and shall not be
subject to deductions for Group Life Insurance nor City Pension. This benefit shall not
apply when an employee resigns from service or is dismissed for cause. To qualify, the
employee must have a minimum of five (5) years continuous service with the Employer
as of the date of retirement. In case of death of an employee on the active payroll having
five (5) or more years' continuous service, such payment shall be made to the
employee's dependents or estate.
An employee may opt out of future eligibility for retirement pay. The employee may
request in writing a one - time -only payment in lieu of retirement pay at any time prior to
retirement. Such payment shall be in an amount as defined above, based on the date the
request is made. To qualify, the employee must have a minimum of five (5) years'
continuous service. Upon such payment, the employee would waive all entitlement to
further retirement pay.
Employees covered by this Agreement, newly hired after June 1, 1998, will not be eligible
for retirement pay, now or in the future.
ARTICLE 20 - SAFETY
20.01 Union - Employer Cooperation
The Employer and the Union shall cooperate in maintaining and perfecting health and
safety measures.
20.02 City of Saint John Joint Health and Safety Committee
The Joint Health and Safety Committee shall be in accordance with the New Brunswick
Occupational Health and Safety Act.
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20.03 Membership of Joint Health and Safety Committee
The Union shall appoint two (2) members to the Committee and the Employer shall
appoint representatives of departments concerned and a Safety Officer.
20.04 Regular Meetings of Safety Committee
The Safety Committee shall hold regular meetings and promote a safe and healthy
workplace.
20.05 Minutes of Safety Meetings
Minutes of Safety Meetings shall be kept and copies of such minutes be sent to the City
Manager and the Union.
20.06 Personal Protective Equipment (PPE)
All employees shall be supplied with all necessary equipment. It shall be compulsory to
wear and use such supplied safety equipment.
20.07 Payment for Meetings of Joint Health and Safety Committee
Time spent by employees in performance of their duties as members of the Joint Health
and Safety Committee shall be considered as time worked and payments shall be paid
on the basis of straight time.
20.08 N.B. Occupational Health and Safety Act and Regulations
The New Brunswick Occupational Health and Safety Act and Regulations shall be
binding on the parties at all times.
20.09 Responsibility for Safety
The parties recognize that managers and supervisors at every level have a responsibility
to champion the City's health and safety program, to fully support safety performance,
and to ensure compliance with the New Brunswick Occupational Health and Safety Act
and Regulations, as well as City of Saint John Health and Safety policies and
procedures.
20.10 Role of Safety Officer
The City of Saint John Safety Officer manages the corporate safety program, including
definition of safety system components and metrics, coordination of initiatives,
implementation of audits, performance reporting, internal consulting with managers,
supervisors, and the Joint Health and Safety Committee (JHSC), and liaison with the
Occupational Health and Safety (OHS) services of WorkSafeNB.
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20.11 The Three Rights
The parties recognize that every employee has three rights with respect to employee
health and safety, and further recognize that exercise of these rights is without prejudice:
(a) The Right to Refuse unsafe work;
(b) The Right to Know about workplace hazards and hazard mitigation Strategy;
(c) The Right to Participate by reporting hazards, making suggestions, and raising
concerns with managers, supervisors, the Joint Health and Safety Committee, and
the City of Saint John Safety Officer.
20.12 Reports of Incidents and Accidents
The Employer shall make available any reports or records pertaining to
accidents /incidents or injuries to all members of the JHSC.
20.13 Advise Employees of Hazardous Environment
Employees working in a hazardous environment shall be informed of any such hazard
known to the City, and informed of what precautions to take.
20.14 Instruction, Training, Supervision to Ensure Employees' Safety
The Employer shall provide such information, instruction, training and supervision as are
necessary to ensure an employee's health and safety as per Section 9(2)(c) of the
Occupational Health and Safety Act.
20.15 Payment for Replacement of Prescription Glasses
The Employer agrees to pay for the replacement of prescription glasses of those directed
to weld, use a torch, or a grinder by the Employer, when damaged by hot molten sparks
or welding sparks. Employees must use PPE.
20.16 Equipment Operators
Employees who operate heavy equipment shall be required to help on equipment
that they operate if requested to do so by a duly authorized representative of the
Employer when their equipment is in need of repair.
ARTICLE 21 - CLOTHING ISSUE AND TOOL ALLOWANCE
21.01 Clothing Allotment
The Employer shall maintain and supply suitable identified rubber clothing, rubber boots
with safety toe cap, work gloves, and two -piece overalls to be issued when necessary to
permanent employees.
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21.02 Replacement Clothing Issue
Replacement items of clothing or rubber boots will not be issued until return is made of
previous issue.
21.03 Safety Footwear — Permanent Employees
(a)The Employer agrees to provide all permanent employees, on an annual basis, safety
footwear and that footwear shall be worn as a condition of employment. The JHSC
shall determine the required footwear.
(b) An employee on an extended leave shall receive their entitlement upon their return to
work.
21.04 Safety Footwear — Casual Employees
All casual and student employees are responsible for the purchase of their Canadian
Standards Association (CSA) approved safety footwear and must be worn as a condition
of employment.
21.05 Tool Allowance — Fleet Services Tradesmen
(a) By March of each year, the following list of permanent tradesmen shall be provided
with a "Tool Allowance" as follows:
Journeyman: Mechanics, Welders, and Auto Body Technicians 450
Apprentices and Support Service Workers $350
(b) Employees must be working in trade and have supplied their own tools as a condition
of employment to be eligible for a "Tool Allowance ".
21.06 City Supplied Photo ID
All permanent employees shall have their photograph taken for identification purposes;
updated everyfive (5) years. Employees shall carry their photo identification card during
all hours of work.
ARTICLE 22 - DISCIPLINE
22.01 Access to Personnel File
There shall be one (1) personnel file only and it shall be retained in the Employer's
Human Resources Offices. Employees wanting to view their personnel file shall request
in writing to the Director of Human Resources or designate and be shown same. The
Employer shall allow the employee photocopies of any document in the personnel file.
The employee is not to remove the file, only photocopies, while in the presence of the
designated representatives of Human Resources and the Union.
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22.02 Constructive Discipline - Duty of Mutual Respect
(a) The parties to this Collective Agreement are committed to working together to create
a responsive, enthusiastic and respectful unionized work environment - one
dedicated to providing quality, cost - effective public services; achieving high
standards of personal and group performance; and resolving issues constructively
and for the common good. To that end, the parties are committed to:
i. Creating a workplace that requires employees and management to demonstrate
mutual respect;
ii. Building a progressive labour management relationship that provides the
Employer with the opportunity to meet legitimate corporate interests and
obligates the Employer to provide all employees with feedback on their
performance;
iii. Maintaining the dignity of employees;
iv. Providing support and guidance to those employees required to improve
performance; and
V. Providing safeguards against unjust discipline by adhering to a sound discipline
policy that encourages self - rehabilitation.
(b) Discipline Defined
Discipline shall mean any disciplinary action taken by the Employer against an
employee which results in a written reprimand, a suspension or dismissal.
(c) Disciplinary Record
Any document related to a disciplinary action will not be used against the employee
at any time after twenty -four (24) months following disciplinary action provided that no
disciplinary action has been recorded during that period.
(d) Disciplinary Hearing
An employee shall not be disciplined or dismissed without just cause and having a
fair investigation and hearing. Both Management and the Union have the right to call
witnesses or examine any statements taken with the view to rebuttal of same. Copies
of all written statements taken shall be furnished to all parties.
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ARTICLE 23 - BENEFITS
23.01 Group Life
The Employer shall pay seventy -five percent (75 %) of the premium of the present Group
Life plan for permanent employees. Upon retirement, employees shall be provided five
thousand dollars ($5,000) life insurance coverage, monthly premiums for which shall be
paid by the City of Saint John.
23.02 Medical, Health and Dental Plans
Effective January 1, 2011, the Employer agrees to pay seventy -five percent (75 %) of the
monthly cost for single and family coverage, as applicable, for the employee's health,
dental and travel coverage. The employee shall pay the remaining twenty -five percent
(25 %) of the monthly cost for single and family coverage, as applicable, for the
employee's single or family health, dental and travel coverage. It is understood and
agreed that such benefit shall extend to permanent employees only. Participation in the
plan is mandatory and is a condition of employment for all employees hired after January
1, 2007.
Effective July 1, 2007, current employees not participating in the plan will no longer be
eligible to participate in the plan now or in the future.
Any employee who is not a participant under the plan shall not be entitled to a cash
payment in lieu of the Employer's contribution to the cost.
The parties recognize the need to continue to work together to control the cost of health
and dental plans — by overseeing the plans and making mutually agreed changes that,
from time to time, are deemed appropriate.
In the event that appropriate changes cannot be agreed upon, the Union agrees to
implement necessary changes designed to limit total costs to available premium revenue
within sixty (60) days of any notice of premium increase by the carrier. The City agrees to
assist the Union by implementing the administrative and /or design changes necessary to
ensure the premiums meet the full cost of the plan.
In any event, upon implementation of the above noted rates, the Employer premium
contribution shall be fixed and will not exceed the above noted amounts nor shall the
Employer be liable for any deficit in the plan as a result of employee claims exceeding
premiums paid.
For clarification and continuity, it is understood that the plan design and benefits that
exist under the terms of the Collective Agreement expiring on December 31, 1998, shall
continue subject to the above.
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23.03 Long Term Disability - LTD
(a) Long Term Disability (LTD) Premiums
The Employer agrees to pay seventy -five percent (75 %) and the employee agrees to
pay twenty -five percent (25 %) of the insured LTD plan premiums. If rates increase
above 3.23% per $100 of earnings for seventy percent (70 %) of gross salary, the
increase will be the responsibility of the Employer.
See Article 23.15(d) for LTD application timelines. For more information on the
LTD process, contact the Human Resources Department.
(b) LTD Committee
A LTD Committee will be composed of up to two (2) representatives from the Union
and up to two (2) representatives from the Employer to review and recommend
changes to the plan. The two (2) Union representatives will be selected by the Union.
23.04 Right to Negotiate
All employee benefit plans outlined herein shall be fully negotiable and not changed
without mutual consent.
23.05 Advise Employees of Benefits Annually
Annually, the Employer shall provide each permanent employee with a detailed
employee benefit statement outlining all benefits and plans in the Collective Agreement.
23.06 Payment for Benefits During Illness or Disability
In the case of absence for illness or disability, the Employer's contribution will be paid to
the Group Life Insurance Plan, Pension Plan and the Health and Dental Plan where
applicable. This Article shall only apply to those employees who qualify under this Article.
23.07 Retirees
The health and dental benefits shall continue to all retirees at the group rates which shall
be paid fully by all retirees, to be deducted from pension cheque.
23.08 Sick Leave Plan Accumulation
(a) From this point forward, accumulated sick time will be kept in hours; therefore the
number of days of sick leave accumulated upon the coming into force of this section
shall be converted at the rate of eight (8) hours per day.
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(b) Every employee shall accumulate sick leave credits at the rate of twelve (12) hours
per month worked up to a maximum of one thousand seven hundred and sixty
(1,760) hours sick leave. Accumulated sick leave accrued by the employee shall be
carried forward.
(c) Upon retirement, employees will be eligible to receive a partial payment for
accumulated sick leave credits in excess of one thousand seven hundred and sixty
(1,760) hours. Employees will be paid ten percent (10 %) of their regular rate of pay of
each hour in excess of one thousand seven hundred and sixty (1,760) hours.
23.09 Sick Leave Defined
Sick Leave means the period of time an employee is absent from work with full pay by
virtue of being sick or disabled or under examination or treatment of a physician,
chiropractor, or dentist or because of an accident for which compensation is not payable
under the Workers' Compensation Act.
23.10 Routine Examinations
For examinations by physicians, chiropractors, or dentists, every employee shall be
entitled up to twelve (12) hours per year not to be deducted from Sick Leave.
23.11 Family Care Leave
An employee may utilize up to three (3) days of accumulated sick leave per year for family
care leave. Such time can be taken without loss of pay, to provide care during a family
illness or to attend medical appointments with a family member as defined in Article 16.02.
Employees may be required to certify the absence.
23.12 Sick Leave Records
As soon as possible after the close of each calendar year, the Employer shall advise the
Sick Leave Committee in writing of the amount of sick leave accrued to each employee's
credit and to the Bank.
23.13 Union Sick Leave Bank Committee
The Committee will be composed of two (2) representatives from the Union and two
(2) representatives from the Employer.
23.14 Sick Leave Bank Credits
No further accumulation to the Sick Leave Bank will be made after the Bank has a total
of eight thousand (8,000) hours. When the Bank balance drops below four thousand
(4,000) hours, deductions from employees' accumulated sick leave credits, as
determined by the Union, will replenish it. Further credits will again be permitted to the
Bank as per Articles 23.18 and 23.22.
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23.15 Sick Leave Bank Allotments and LTD Application Timeline
(a) The parties to this Collective Agreement recognize that employees should
demonstrate a commitment to performance by a way of regular attendance at work.
Accordingly, the Sick Leave Committee will review attendance records and should
this record not demonstrate a real effort to be at work, the Committee may deny the
employee access to Sick Leave Bank credits.
(b) Application for an allotment from the Sick Leave Committee may be made by a
permanent employee, who, for example, through a prolonged illness, has exhausted
his own sick leave credits.
(c) Such employees may be granted sick leave from the Bank upon the approval of the
Sick Leave Committee upon production of the appropriate medical certificate. No
allotment from the Sick Leave Bank shall be made until the employee has exhausted
all his accumulated sick leave and vacation credits and compensatory time.
(d) Once an employee has reached ninety (90) days in the Sick Leave Bank, they must
aoDly for LTD benefits. See Article 23.03 for LTD benefits.
(e) The first and only the first, approved allotment of sick leave from the Bank for a
period of up to six (6) months shall be at the daily rate equal to the employee's daily
rate while on his accumulated sick leave. Should this approved allotment extend
beyond six (6) months and less than twelve (12) months, the employee will be paid at
eighty percent (80 %) of his daily rate. Should this absence extend beyond twelve
(12) months, the employee will be paid fifty -five percent (55 %) of the employee's daily
rate.
(f) A second allotment of sick leave, to an individual employee, if approved by the Sick
Leave Committee from the Bank for a period of up to six (6) months, will be paid at
eighty percent (80 %) of the employee's daily rate. Additional time granted beyond
this six (6) month period will be paid at fifty -five percent (55 %) of the employee's daily
rate.
(g) A third, and any additional approved allotment of sick leave benefit from the Bank to
an employee, will be paid at fifty -five percent (55 %) of the employee's daily rate.
(h) An individual employee's maximum lifetime allocation of sick leave credits from the
Sick Leave Bank will be three thousand eight hundred and forty (3,840) hours.
(i) An employee will be given light duty work provided medical documentation supports
the performance of such duties. The regular rate of pay for such duties shall apply if
and when the duties are made permanent.
Q) Under no circumstances shall there be any pyramiding of benefits.
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23.16 Sick Leave and Vacation Leave
Any employee, who by reason of sickness has not completed his annual vacation prior to
the end of any calendar year, may carry forward unused vacation to be taken by such
employee following his return to work. Where such an employee is unable to return to
work, he shall be paid a lump sum equal to his remaining vacation pay entitlement.
23.17 Extension of Sick Leave
A permanent employee with more than one (1) year of service who has exhausted his
sick leave credits shall be allowed an extension of his sick leave to a maximum of one
hundred and twenty (120) working hours. Upon his return to duty, the employee shall
repay the extension of sick leave in full before he accumulates credits again.
23.18 Employee Contribution to Sick Leave Bank
Subject to Article 23.14, every employee with one (1) year or more of service will allow
eight (8) hours per year, commencing January 1, 1978, from his sick leave credits forthat
year to be added to the Sick Leave Bank.
23.19 Deduction from Sick Leave
(a) A deduction shall be made from accumulated sick leave credits of all regularworking
hours, exclusive of holidays, absent for sick leave. Sick leave shall be paid at the
employee's rate of pay for his permanent classification in effect on the first day of
sickness.
(b) In the event that an employee is unable to report for work due to illness, he will report
all absences to his foreman, operator or manager immediately.
23.20 Registration of Sick Leave Plan
The City agrees to register the Sick Leave Plan in accordance with the appropriate
Act(s). Any benefit derived from such registration, the employee's portion shall be
returned to the Union in trust on behalf of the employees. Such money shall be used to
provide a benefit to the membership such as Education training.
23.21 Proof of Illness
Where an employee's supervisor or manager is concerned with the sick leave absences
of an employee, that supervisor or manager shall notify the employee of the concern and
direct that for all future absences the employee provide adequate proof of illness. This
would typically occur after four (4) absences from duty. Any lost time associated with
obtaining the required medical documentation shall be deducted from the entitlement
under Article 23.10 and any medical certificate costs shall be paid by the City. All
correspondence shall be copied to the Recording Secretary of the Union and the Director
of Human Resources or designate.
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23.22 Employer's Contribution to Sick Leave Bank; Employer to Replenish Bank Once
Only
Upon retirement, employees will contribute fifty percent (50 %) of the first one thousand
seven hundred and sixty (1,760) hours of their accumulated sick leave credits in the Sick
Leave Bank provided the amount of sick leave credits in the bank never exceeds eight
thousand (8,000) hours. The maximum amount of sick leave credits an employee may
contribute to the Bank is eight hundred and eighty (880) hours.
23.23 Military Hospitalization
When an employee is absent due to attendance at a military hospital for observations,
examination or out - patient treatment in connection with any disability sustained by such
employee as a result of military service, there shall be no loss of pay or deductions from
accumulated sick leave. Employees shall be required to present a Veteran's Affairs chit
for the amount of time detained by Veterans Affairs Canada.
23.24 Employer to Provide Union with Up -to -Date Employee Benefit and Health & Welfare
Plan Text and Amendments
The Employer shall provide the Union with a copy of all up -to -date employee benefit and
health and welfare plan text and amendments. This Article shall not apply to pension
plan information.
23.25 Final Resolution
Any disputes in regards to the administration of the Sick Leave Plan as defined herein
shall be submitted to the under noted persons to act as a sole Arbitrator for arbitration in
accordance with Article 55 of the Industrial Relations Act.
The Arbitrator shall be chosen on an equitable rotating manner. If the first named is
unable to act then the next in line shall hear the matter in dispute and give his final ruling
within seventy -two (72) hours from day of appointment which shall be final and binding
on both parties.
Either party can submit a dispute to a sole Arbitrator from the following mutually agreed
list. In the event that an Arbitrator is unavailable the parties shall apply for expedited
arbitration.
John McEvoy
Robert Breen
Brian Paquette
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ARTICLE 24 - TECHNOLOGICAL CHANGE
24.01 Training Required
In the event that the Employer should introduce new methods or machines which require
new or greater skills than are possessed by employees under the present methods of
operation, such employee shall, at the expense of the City, be afforded a period not to
exceed one (1) year during which to perfect or acquire the skills necessitated by the new
methods of operation. There shall be no change in salary during the training period of
any such employee and no reduction in pay upon being reclassified in the new position.
24.02 Re- Training
Should the introduction of new methods of operation create a need for the perfection or
acquisition of skills, re- training time shall be afforded any such employee affected.
24.03 Training: Operation of Equipment
The Employer agrees to continue its program to train and /or upgrade skills of employees
to reach maximum potential and efficiency in the operation of equipment.
24.04 (a) Technological Change Defined
Technological change means:
the introduction of equipment or material of a different nature and kind of
that previously utilized by the Employer; and
the change in the Employer's method of operation that is directly related
to the introduction of said equipment or material.
(b) Advance Notice
Prior to introducing technological change, the Employer agrees to notify the Union of
its intentions at least ninety (90) calendar days in advance of implementation.
(c) Contents of Notice
The notice shall be conveyed in writing and shall contain the appropriate information
including:
the nature of change;
the date on which the Employer proposes to effect the change; and
iii. the approximate number, type and location of employees likely to be
affected by the change.
(d) Consultation
During the ninety (90) day notification period contained in Article 24.04(b), the Employer
and the Union shall meet and discuss any technological changes that may affect
employees in the bargaining unit.
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ARTICLE 25 - JOB SECURITY
25.01 Job Security — Permanent Employees
Permanent employees shall not be laid off or suffer a reduction in working hours.
25.02 Work During Period of Inclement Weather
During periods of inclement weather no permanent employee will suffer any reduction in
working hours. The Employer will make an effort to provide work for other employees
where possible.
ARTICLE 26 - TERM OF AGREEMENT
Duration
This Agreement shall take effect and be binding on the Employer and Union for the
period of July 1, 2014, to December 31, 2019, inclusive and shall remain in force for the
successive periods of twelve (12) months thereafter, unless either party requests
negotiation of a new or replacement Agreement by giving notice to the other party within
ninety (90) days prior to the expiration date of the Agreement or any renewal thereof.
Such notice(s) shall specify any addition, deletion or alteration desired.
Changes in Agreement
Any changes deemed necessary in this Agreement may be made by mutual agreement
at any time during the existence of this Agreement.
Notice of Changes
Either party desiring to propose changes to this Agreement shall, within ninety (90) days
prior to the termination date, give notice in writing to the other party of the changes
proposed. Within ten (10) working days of receipt of such notice by one party, the other
party is required to enter into negotiations for a new Agreement.
Agreement to Continue in Force
Where such notice requests revisions only, the following conditions shall apply.
Where notice to amend the Agreement is given, the provisions of this Agreement shall
continue in force until a new Agreement is signed, or the right to strike or lockout occurs,
whichever occurs first.
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ARTICLE 27 - CLASSIFICATIONIWAGES - PAY TABLE
27.01 Wage Rates
Wage rates and salaries for permanent employees only shall be adjusted as follows:
(a) July 1, 2014 2.0%
(b) January 1, 2015 2.5%
(c) January 1, 2016 2.5%
(d) January 1, 2017 2.5%
(e) January 1, 2018 2.5%
(f) January 1, 2019 2.5%
27.02 Classification Structure
The classification structure, by area of service, is outlined in the appendices of Schedule
"A" to this Agreement:
"A -1" Saint John Water— Water and Wastewater
"A -2" Saint John Water — Instrumentation
"A -3" Saint John Water — Customer Service
"A -4" Transportation and Environment Services — Public Works and Transportation/
Parks and Public Spaces
"A -5" Finance and Administration Services — Fleet Management
"A -6" Finance and Administration Services — Materials Management — Stores
"A -7" Finance and Administration Services — Facility Management — Carpenter Shop
and Facility Maintenance /City Market
Pay Table
The Pay Table for permanent employees in the Skilled Worker, Trades, Sub - Foreman
and Foreman job sets, by job classification level, is provided in Schedule "A" to this
Agreement.
27.04 Caretakers
Employees designated as Caretakers in a watershed shall be required to work under the
terms and conditions specified for that function.
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27.05 Instrumentation Control - Industrial Electrical
Instrumentation Technician, Instrumentation Journeyman and Instrumentation
Journeyman II positions in Water and Wastewater shall be paid wage rates adjusted,
against those shown in Schedule "A ", for their job classification, as follows:
(a) Technician (Instrumentation Apprentice): Job Level 6 plus ten percent (10 %)
(b) Journeyman (with Instrumentation CEQ): Level 10 plus ten percent (10 %)
(c) Journeyman (with Instrumentation and Industrial Electrical CEQ): Level 10 plus
fifteen percent (15 %)
(d) Journeyman II (with Instrumentation CEQ): Level 12 plus twenty percent (20 %)
(e) Journeyman II (with Instrumentation and Industrial Electrical CEQ): Level 12 plus
twenty -five percent (25 %)
The above referenced Certificate of Equivalent Qualification (CEQ) represents
successful Interprovincial Licensed Journeyman status in either the Instrumentation or
Industrial Electrical trades. The Instrumentation trade is the primary and essential
qualifier for these positions.
27.06 Casual Labourer Rates of Pay
The rate of pay for Casual Labourer employees shall be seventy -five percent (75% ) of a
Skilled Worker Level 1.
27.07 Student Employee Rates of Pay
The rate of pay for Student employees shall be minimum wage plus twenty percent
(20%).
ARTICLE 28 - DEFINITIONS
28.01 Whenever the singular or masculine is used in this Agreement, it shall be considered as
if the plural or feminine has been used where the context of the party or parties hereto so
require.
(a) "Day" means, unless otherwise specified, a calendar day and not a working day.
(b) "CSA" means "Canadian Standards Association ".
(c) "CEQ" means "Certificate of Equivalent Qualification ".
(d) "LTD" means "Long Term Disability ".
(e) "MIC" means "Mutual Interest Committee ".
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(f) "OMA" means "Occupational Medical Advisor ".
(g) "PETL" means "Post- Secondary Education, Training and Labour ".
(h) "PPE" means "Personal Protective Equipment ".
(i) "RTW" means "Return to Work ".
Q) "TCAP" means "Training & Certification Advisory Panels ".
(k) "VAC' means "Veterans Affairs Canada ".
ARTICLE 29 - PRINTING OF AGREEMENT IN BOOKLET FORM
The Collective Agreement shall be printed in booklet form and the City shall bear fifty
percent (50 %) of the cost of printing established by the lowest tender acceptable to the
City.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
Witness
Witness
Witness
Witness
THE CITY OF SAINT JOHN
( "THE EMPLOYER ")
Mayor
Common Clerk
LOCAL 18, CANADIAN UNION OF PUBLIC
EMPLOYEES ( "THE UNION ")
President
Secretary
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SCHEDULE "A"
WAGE RATE TABLE FOR PERMANENT EMPLOYEES
SKILLED WORKER, SUPERVISORY AND TRADES JOB SETS
JOB
LEVEL
July 1, 2014
Jan 1, 2015
Jan 1, 2016
Jan 1, 2017
Jan 1, 2018
Jan 1, 2019
Wage
Adjustment
2.00%
2.50%
2.50%
2.50%
2.50%
2.50%
1
21.66
22.20
22.76
23.33
23.91
24.51
2
22.26
22.82
23.39
23.97
24.57
25.18
3
22.86
23.43
24.02
24.62
25.24
25.87
4
23.45
24.04
24.64
25.26
25.89
26.54
5
24.05
24.65
25.27
25.90
26.55
27.21
6
24.64
25.26
25.89
26.54
27.20
27.88
7
25.23
25.86
26.51
27.17
27.85
28.55
8
25.84
26.49
27.15
27.83
28.53
29.24
9
26.43
27.09
27.77
28.46
29.17
29.90
10
27.03
27.71
28.40
29.11
29.84
30.59
11
27.62
28.31
29.02
29.75
30.49
31.25
12
28.81
29.53
30.27
31.03
31.81
32.61
13
29.41
30.15
30.90
31.67
32.46
33.27
14
30.00
30.75
31.52
32.31
33.12
33.95
15
30.60
31.37
32.15
32.95
33.77
34.61
51
319
Appendix "A -1"
Training and Development Structure: Saint John Water
Water and Wastewater
Job
Job
--v7water
Set
Level
1W
and Wastewater Career Paths
Water & Sanitary Systems
Water Treatment
Wastewater Treatment
WS01
WTOI
WwTOI
1
Skilled Worker
Skilled Worker
Skilled Worker
WS02
WT02
WWT02
6.
2
Skilled Worker
Skilled Worker
Skilled Worker
x
p
WS03
WT03
WWT03
3
3
Skilled Worker
Skilled Worker
Skilled Worker
WS04
WT04
WWT04
4
Skilled Worker
Skilled Worker
Skilled Worker
I
Q
WS05
WT05
WWT05
5
Skilled Worker
Skilled Worker
Skilled Worker
WS06
WT06
WWT06
6
Skilled Worker
Skilled Worker
Skilled Worker
Water & Sanitary Systems
Water Treatment
Wastewater Treatment
WS07
WT07
WWT07
B — Sub-
7
Foreman/
Designated
WS08
WT07
WWT07
Operator
p
s
LWater Sanita ry System Designated Operator
Water Treatment Designated Operator
Wastewater Treatment Designated Operator
WS09
WT09
WWT09
9
Cert Op I WD/WWC
Cert Op I WT
Cert Op I WWT
�
10
s.
R
11
WS12
WT12
WWT12
12
Cert Op 11 WD/WWC
Cert Op II WT
Cert Op II WWT
v
p
13
14
U
WS15
WT15
WWT15
15
Cert Op III WD /WWC
Cert Op III WT
Cert Op III WWT
See: Appendix "B -1"
320
52
Appendix "A -2"
Training and Development Structure: Saint John Water
Instrumentation
Job Set
Job Lc�el
i ' i
Instrumentation (D — Trades)
1
2
3
IN03
Instrumentation Trades
4
5
m
6
IN06
Instrumentation Tech
F
7
A
g
9
10
IN010
Instrumentation Journeymen I
Il
12
IN12
Instrumentation Journeymen II
See: Appendix "B -3"
321
53
Appendix "A -3"
Training and Development Structure: Saint John Water
Customer Service
Job Set
Job Level
Customer Service Career Path
Customer Service
A -
Customer
Service
CS07
Customer Service 7
See: Schedule "C"
322
54
Appendix "A -4"
Training and Development Structure: Transportation and Environment Services
Public Works and Transportation /Parks and Public Spaces
Job Set
Level
5
Public Works and Transportation
Parks and Public Spaces
PWO1
PWO1
l
Skilled Worker
Skilled Worker
PW02
PW02
s
y
Z
Skilled Worker
Skilled Worker
c
PW03
PW03
3
3
Skilled Worker
Skilled Worker
PW04
PW04
�i
4
Skilled Worker
Skilled Worker
I
PW05
PW05
5
Skilled Worker
Skilled Worker
PW06
PW06
6
Skilled Worker
Skilled Worker
PW07
PW07
B — Sub-
7
Foreman
PWOS
PWOs
s
Works Sub - Foreman
Parks Sub - Foreman
PW09
PW09
9
Works Foreman I
Parks Foreman I
Q
10
C
wo
11
U
PW12
PW12
12
Works Forman II
Parks Foreman II
See: Appendix "13-1"
323
55
Appendix "A -5"
Training and Development Structure: Finance and Administration Services
Fleet Management
Job Set
Job
Level
ANEW Management Paths Fleet
Fleet (Mechanical /Small Engines /Autobody/Welding) (D - Trades)
1
2
3
4
5
FL06
WE06
SE06
6
Journeyman Auto Mechanic
Welder /Autobody Apprentice
Small Engine Mechanic Apprentice
7
SE08
8
Journeymen Small Engine Mechanic
9
10
FL10
WE 10
Journeyman Truck & Trailer
Mechanic
Journeymen Welder /Autobody
B -Sub-
FL 11
WEl l
Foreman
11
Journeyman Fleet Trades Sub-
Forman
Journeyman Welder /Autobody
Sub- Foreman
C-
Foreman
12
FL12
WE12
Fleet Trades Foreman
Working Welding/Autobody
Foreman
See: Appendix "B -2"
324
56
Appendix "A -6"
Training and Development Structure: Finance and Administration Services
Materials Management - Stores
Job Set
Job
Materials Management
Level
Stores
SKO1
1
Skilled Worker /Stock Keeper
SK02
2
Skilled Worker /Stock Keeper
0
SK03
3
Skilled Worker /Stock Keeper
SK04
4
Skilled Worker /Stock Keeper
I
d
SK05
5
Skilled Worker /Stock Keeper
SK06
6
Skilled Worker /Stock Keeper
B — Sub-
7
Foreman
S K08
8
Stock Keeper Sub - Forman
SK09
9
Stock Keeper Foreman I
E
s.
10
W
11
U
SK12
12
Stock Keeper Foreman II
See: Appendix "B -1"
325
57
Appendix "A -7"
Training and Development Structure: Finance and Administration Services
Facility Management — Carpenter Shop and Facility Maintenance /City Market
Job Set IFJobLevel
Carpenter Shop (D - Trades)
Paths
Facility Maintenance /City Market
1
Skilled Worker
z.
cj
2
Skilled Worker
�-
0
3
3
Skilled Worker
°'
4
Skilled Worker
Q
Skilled Worker
ED
Skilled Worker
7
8
BM08
Building Maintenance Sub - Foreman
9
LI
CA10
Journeyman Carpenter
B -Sub
Foreman
l t
CAI I
Carpenter Sub - Forman
C - Foreman
12
CA12
Carpenter Foreman
See: Appendix "13-1" and Appendix "13-2"
326
SCHEDULE "B"
EMPLOYMENT AND DEVELOPMENT FRAMEWORK
All changes made to Schedule "B" are effective as of January 1, 2012
EMPLOYMENT AND DEVELOPMENT FRAMEWORK
1.01 The parties are committed to advancing the quality and efficiency of services and jointly
recognize the importance of effective training and development.
1.02 Designed to enhance performance effectiveness and employability, the Outside Workforce
Training System is a system of structured learning and development for permanent
operational employees, organized in seven (7) broad areas of service. The System shall
reflect current and emerging operational methods, technical standards and service
requirements. Employees select a field of employment from available opportunities and
assume responsibility for progression in that field. Training and education comprise a
combination of in -house and external elements, both knowledge -based and practical.
1.03 The employment and development structure for each of the seven (7) broad areas of
service is outlined in the appendices to this schedule:
"A -1" Saint John Water — Water and Wastewater
"A -2" Saint John Water — Instrumentation
"A -3" Saint John Water — Customer Service
"A -4" Transportation and Environment Services — Public Works and
Transportation /Parks and Public Spaces
"A -5" Finance and Administration Services — Fleet Management
"A -6" Finance and Administration Services — Materials Management — Stores
"A -7" Finance and Administration Services — Facility Management — Carpenter
Shop and Facility Maintenance /City Market
These complementary structures provide a framework for the relationships among levels
of responsibility, required expertise, job classifications, and associated training and
development. Criteria and processes shall be applied consistently across the seven (7)
broad areas of employment and the career paths in each.
59
327
WORKFORCE PLANNING
2.01 The establishment of permanent positions shall be organized by job sets within areas of
service to reflect operational needs.
2.02 A job set is a series of job classification levels through which an incumbent of a position
can progress by satisfying the requirements outlined in Appendix "B -1" or "B -2 ". There are
four (4) such job sets: Skilled Worker (levels 1 through 6, as applicable); Sub - Foreman
(levels 8 & 11, as applicable); Foreman (levels 9 through 12, Operators 9 through 15, as
applicable); and Trades (level 10).
2.03 The general criteria for job levels are inclusive, that is, the requirements of ajob level are
included in those of higher level jobs.
2.04 Operational departments shall consult with Union representatives in annually preparing a
3 -year staffing forecast. These projections shall reflect the long -term operational and
service strategies of the City of Saint John.
RESPONSIBILITIES AND PROGRAM COORDINATION
3.01 Employees shall register for training and development programs, detailing responsibilities
and expectations.
3.02 The City shall be responsible for the provision of required training.
3.03 The Union shall support training delivery and encourage employees in fulfilling their
responsibilities under the program.
3.04 Training and Certification Advisory Panels are established in accordance with Article 7.02
of the Collective Agreement.
3.05 Career Development Coordination is established in accordance with Article 7.01(b) of the
Collective Agreement.
TRAINING AND DEVELOPMENT CONSIDERATIONS
4.01 Training and development opportunities shall be made available to all employees, in their
applicable career path, with due respect to senior eligible employees.
4.02 A training module is a single course, job training assignment or defined experience.
Training modules are developed in accordance with industry -grade skill and performance
criteria. Employees must attain required course evaluation standards in order to receive
credit for that training.
I
328
4.03 Training modules will include: predetermined outcomes for employee knowledge acquired,
predetermined outcomes for employee competencies acquired and predetermined
outcomes for new skills and knowledge to be applied on the job.
4.04 Career development training modules shall be organized into training and development
blocks.
4.05 Successful completion of a training module will create an action to file on behalf of the
employee, leading to official recognition upon satisfactory completion of the training and
development block.
4.06 The training and development system integrates external, industry- standard certifications
into the process of career progression.
4.07 Employees who are unsuccessful in completing a training module shall be given an
additional opportunity to do so within the same training context, that is, with the group of
employees participating together in a training and development block.
4.08 It is recognized that not all employee training occurs within the context of the career
development process. An employee engaged in career development may participate in
other training and that training may yield credit(s) toward career progression. The Mutual
Interest Committee, upon the recommendation of the applicable Training and Certification
Advisory Panel, shall make such determination.
4.09 Peer trainers shall be utilized to deliver a number of training programs under the Outside
Workforce Training System. The duties and responsibilities of positions at the Sub -
Foreman job level or above shall include the requirement to be an employee trainer in the
applicable career path.
STAFFING CONSIDERATIONS
5.01 Progression in Career Path
(a) An employee shall progress to the next job set in a career path by satisfying the
requirements outlined in Appendix "B -1" or "B -2" and successfully competing for
promotion or appointment to a vacancy as per Articles 10.03 and 10.04(c). The senior
qualified employee for entry to a job set shall be promoted or appointed to fill such
vacancy.
(b) An employee shall progress within a job set by satisfying the requirements of the next
applicable training and development block as detailed in Appendix "B -1" or "B -2 ".
5.02 Subject to the employee having acquired the prerequisite experience, upon completion of
the requirements of the applicable training and development block as detailed in Appendix
"B -1" or "B -2 ", the employee shall be designated as qualified for the associated job.
61
329
5.03 As the Employer is making investments in the training and development of employees,
movement from one career path to another should be well justified. Subject to 5.05 below,
an employee who chooses to change career paths shall enter that career path at the job
level they occupied in their previous career path, and receive such rate of pay.
5.04 An employee who decides to leave a career path, for reasons other than serious illness or
injury, or is otherwise unable to satisfy the responsibilities and expectations of a
development program, shall revert to his /her previous status and shall be subject to a
waiting period of two (2) years before being again eligible to apply for another position in
the bargaining unit.
5.05 In the absence of a qualified candidate in a career path, other employees or new
employees possessing the required combination of education, demonstrated skill, aptitude
and related training may enter the system at higher -level positions. Such new employees
must undergo all necessary orientation training.
62
330
Appendix "B -1"
Training and Career Development Overview
*Only when Water & Sanitary System Career stream has in excess of 50% of skilled workers with the two years
relevant post - secondary education as determined by PETL, will employees without that qualification be given
consideration for positions of skilled workers in the Water & Sanitary System Career Stream.
* *Class 3 E Driver's License may be needed by some as determined by the Employer.
63
331
Job Set
Level
Minimum Requirements
Completed a Minimum 2 Years Relevant Post - Secondary Education as determined by
1
the Department of Post - Secondary Education, Training and Labour (further known as
PETL) (Water & Wastewater Career Path)*
Greater than 1 Year Works Experience in the City of Saint John Outside Workforce
Class 3 E Driver's License (Works, Parks ** and Water & Sanitary Systems Career
2
Path)
Completed a Minimum 2 Years Relevant Post - Secondary Education as determined by
PETL (Water & Wastewater Career Path)*
Greater than 2 Year Works Experience in the City of Saint John Outside Workforce
s�
x
c
3
Completed a Minimum 2 Years Relevant Post-Secondary Education as determined b
p rY Y
3
PETL (Water & Wastewater Career Path)*
Greater than 3 Year Works Experience in the City of Saint John Outside Workforce
i
4
Completed a Minimum 2 Years Relevant Post - Secondary Education as determined by
PETL (Water & Wastewater Career Path)*
Greater than 5 Year Works Experience in the City of Saint John Outside Workforce
5
Completed a Minimum 2 Years Relevant Post - Secondary Education as determined by
PETL (Water & Wastewater Career Path)*
Greater than 7 Year Works Experience in the City of Saint John Outside Workforce
6
Completed a Minimum 2 Years Relevant Post - Secondary Education as determined by
PETL (Water & Wastewater Career Path)*
*Only when Water & Sanitary System Career stream has in excess of 50% of skilled workers with the two years
relevant post - secondary education as determined by PETL, will employees without that qualification be given
consideration for positions of skilled workers in the Water & Sanitary System Career Stream.
* *Class 3 E Driver's License may be needed by some as determined by the Employer.
63
331
** *Two (2) years at Foreman I /Operator I (Level 9) is required to progress to Foreman II /Operator II (Level 12)
M
332
2 Years Relevant Experience in the Broad Area of Service: All except Stores &
Building Maintenance
� h
5 Years Relevant Experience in Any Area of Service
� a
8
w^�
Class 3E Driver's License (where applicable)
Level 1 Certification (s) (Saint John Water & Wastewater Career Path)
� d
A
Horticulture Diploma (Parks Career Path)
6 Years Relevant Experience in Career Field * **
9
c
Level 2 Certification(s) (Saint John Water & Wastewater Career Path)
c�
O
a
12
8 Years Relevant Experience in Career Field
0
Gz.
I
U
Level 3 Certification(s) (Saint John Water & Wastewater Career Path)
1
Note: Job Level 15 applies to Saint John Water & Wastewater only
** *Two (2) years at Foreman I /Operator I (Level 9) is required to progress to Foreman II /Operator II (Level 12)
M
332
Appendix "13-2"
Training and Career Development Overview - Trades
See: Appendix "A -5"
333
65
Job Set
Job
Leve
Minimum Requirements
2
Apprentice I (Fleet Trades & Carpentry)
Apprentice 11 (Fleet Trades & Carpentry)
3
a
4
Apprentice III (Fleet Trades & Carpentry)
F�
Ca
6
Journeyman Auto Mechanic, Welder /Autobody Apprentice, Small Engine Mechanic
Apprentic (Fleet Trades)
8
Journeyman Small Engine Mechanic (Fleet Trades)
10
Journeymen (Fleet Trades & Carpentry)
5 Years Relevant Experience in the Broad Area of Service
11
Relevant Journeyman Status
i
m
c
7 Years Relevant Experience in Career Field
0
12
w
U
Relevant Journeyman Status
See: Appendix "A -5"
333
65
Appendix "B -3"
Training and Career Development Overview: Instrumentation
See: Appendix "A -2" and Article 27.05
334
..
Job
Job Set
Minimum Requirements
Le vel
1
2
3
Instrumentation Trades
4
5
6
Instrumentation Tech
ee
F�
A
8
9
10
Instrumentation Journeymen I
11
12
Instrumentation Journeymen II
See: Appendix "A -2" and Article 27.05
334
..
SCHEDULE "C"
DISPATCHER /DUTY PERSON AND CUSTOMER SERVICES SKILLED WORKER
HOURS OF DUTY AND RELATED MATTERS
PURPOSE This schedule covers hours of work as well as related terms and conditions for
the positions of Dispatcher /Duty Person and Customer Service Skilled Worker.
PARTICULARS
Hours of Work Eight shift positions shall exist with two employees assigned to each shift:
Day
1
8 am - 6 pm
(10 hours)
Day
2
8 am - 6 pm
(10 hours)
Night
3
6 pm - 8 am
(14 hours)
Night
4
6 pm - 8 am
(14 hours)
Off
5
Off Duty
Off
6
Off Duty
Off
7
Off Duty
Off
8
Off Duty
Shift Schedule The work days for the shift positions will be as per the shift schedule attached as
Appendix "A" to Schedule "C ". The schedule follows an 8 -week (56 -day) cycle
with employees working a "4 shifts on /4 shifts off" concept. This represents an
average of 42 hours per week over the eight -week cycle.
Shift Differential The shift differentials identified in Article 14.02 will not apply to this classification.
The rate of pay for this classification reflects the requirements to work the
rotating shifts identified in this Schedule.
"Day" Shift The "day" shift will be from 8:00 am to 6:00 pm - 10 hours.
"Night" Shift The "night" shift will be from 6:00 pm to 8:00 am the following day - 14 hours.
"Off" "Off" means those days when a Dispatcher /Duty Person or Customer Service
Skilled Worker is off duty.
Business Hours The portion of the "day" shift that occurs during normal hours of operation
between 8:00 am and 4:30 pm, Monday to Friday.
Regular Weekly Employees working the above shift schedule will be paid at a rate of 42 straight
Pay time hours per week.
Vacation Vacation shall be scheduled by seniority in each of the four shifts identified and
shall be taken in complete forty -eight (48) hour shift blocks. Vacation accruals
will be based on forty -eight (48) hour blocks. Employees will receive their regular
weeklv Dav for each block taken.
67
335
Unscheduled Unscheduled work absences, which occur on short notice and for which the shift
Absences partner is unavailable, during times that are not considered to be business hours,
will be filled by calling an off duty employee from the Customer Service Skilled
Worker (Dispatcher /Duty Person) job set in accordance with Article 13.09 at the
overtime rate.
Overtime Any work performed in excess of the hours defined herein shall be considered as
overtime and paid at the rate of time and one -half for the first four hours and
double time thereafter until his next regular shift begins.
Overtime Call -In Article 13.09 of the Collective Agreement shall apply subject to the following
criteria: only off duty personnel will be eligible for overtime call -in and an
employee will not be eligible to work consecutive shifts. An employee may be
required to work a shift extension (maximum sixteen (16) hours of continuous
work including regular shift and extension), should an off -duty person not be
immediately available.
Equivalent Hours The entitlements for annual vacation, statutory holidays, floating holidays, sick
leave, other leaves, and compensatory time will be computed in equivalent hours
rather than days or weeks. Equivalent hours will be equal to 42 hours per week
or 8.4 hours per day.
Statutory Employees required to work rotating shifts identified in this schedule will be
Holidays entitled to eleven (11) days of statutory time in lieu of statutory holidays. Refer to
paragraph above concerning "equivalent hours ". Employees may choose to take
time off at a time mutually selected or as pay.
Job Posting Permanent Customer Service Skilled Worker positions as outlined in Appendix
"A -3" shall be posted and filled in accordance with this schedule and Article 10.
In addition, only qualified employees in Water & Sanitary Systems or Works
Career Path will be eligible to apply for Permanent Customer Service Skilled
Worker position.
Employees in the Customer Service Path may apply for Sub - Foreman — Level 7
positions if they are qualified.
Employees in Customer Service will not be eligible to apply for Foreman or
Operator positions.
Career All articles in the Collective Agreement pertaining to the Outside Work Force
Development Career Development System will apply.
.:
336
APPENDIX "A" TO SCHEDULE "C"
SHIFT SCHEDULE
DISPATCHER / DUTY PERSONS AND CUSTOMER SERVICE SKILLED WORKERS
Cycle
Day
Day of
Week
Shift
Cycle
Day
Day of
Week
Shift
A
B
C
D
A
B
C
D
1
Sun
D
-
-
N
29
Sun
-
N
D
-
2
Mon
D
-
-
N
30
Mon
-
N
D
-
3
Tue
N
D
-
-
31
Tue
-
-
N
D
4
Wed
N
D
-
-
32
Wed
-
-
N
D
5
Thu
-
N
D
-
33
Thu
D
-
-
N
6
Fri
-
N
D
-
34
Fri
D
-
-
N
7
Sat
-
-
N
D
35
Sat
N
D
-
-
8
Sun
-
-
N
D
36
Sun
N
D
-
-
9
Mon
D
-
-
N
37
Mon
-
N
D
-
10
Tue
D
-
-
N
38
Tue
-
N
D
-
11
Wed
N
D
-
-
39
Wed
-
-
N
D
12
Thu
N
D
-
-
40
Thu
-
-
N
D
13
Fri
-
N
D
-
41
Fri
D
-
-
N
14
Sat
-
N
D
-
42
Sat
D
-
-
N
15
Sun
-
-
N
D
43
Sun
N
D
-
-
16
Mon
-
-
N
D
44
Mon
N
D
-
-
17
Tue
D
-
-
N
45
Tue
-
N
D
-
18
Wed
D
-
-
N
46
Wed
-
N
D
-
19
Thu
N
D
-
-
47
Thu
-
-
N
D
20
Fri
N
D
-
-
48
Fri
-
-
N
D
21
Sat
-
N
D
-
49
Sat
D
-
-
N
22
Sun
-
N
D
-
50
Sun
D
-
-
N
23
Mon
-
-
N
D
51
Mon
N
D
-
-
24
Tue
-
-
N
D
52
Tue
N
D
-
-
25
Wed
D
-
-
N
53
Wed
-
N
D
-
26
Thu
D
-
-
N
54
Thu
-
N
D
-
27
Fri
N
D
-
-
55
Fri
-
-
N
D
28
Sat
N
D
-
-
56
1 Sat
-
-
N
D
••
337
LETTER OF AGREEMENT
LOSS OF INCOME OPTION
BETWEEN THE CITY OF SAINT JOHN, a body corporate
in the County of Saint John in the Province of
New Brunswick, hereinafter referred to as the
"EMPLOYER" of the first part,
-AN D-
LOCAL 18, CANADIAN UNION OF PUBLIC
EMPLOYEES, hereinafter referred to as the
"UNION" of the second part.
IT IS HERETO AGREED that the Employer shall work with injured employees and their Union to
help alleviate loss of income resulting from injury on duty, subject to the following: the solution is
shared (Employer- Union - Employee); it complies with the Workers' Compensation Act; application
will not result in a financial penalty to the Employer; and there remains an incentive to return to work.
The program shall provide that the Employer adopt a policy to pay the full cost of health, dental, and
group life insurance benefits, as well as pension plan premiums, during the period an employee is in
receipt of payment under Article 17.03 (c) of the Collective Agreement. The Union shall pay the full
cost of union dues.
This letter of agreement forms part of the Collective Agreement dated this day of June, 2015.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
Witness
Witness
Witness
Witness
THE CITY OF SAINT JOHN
( "THE EMPLOYER ")
Mayor
Common Clerk
LOCAL 18, CANADIAN UNION OF PUBLIC
EMPLOYEES ( "THE UNION ")
President
Secretary
338
70
LETTER OF AGREEMENT
between
The City of Saint John, New Brunswick
and
The Canadian Union of Public Employees, Local 18 (Outside Workers)
WORKPLACE QUALITY AND WELLNESS
HEALTHY WORKPLACE — QUALITY WORKPLACE
1. A healthy workplace and a safe workplace is a high quality and productive workplace; one
with a clear focus on the well -being of people and how those people contribute to
organizational success. Achieving a high standard of wellness means adopting a philosophy
of prevention and paying attention to details in the work environment. Such a workplace
culture offers significant potential for improved employee well- being, enhanced service to the
public and reduced negative effects related to health, safety, absences from duty and
employee turnover.
2. The Employer and the Union seek to create and sustain a work environment that is healthy,
safe and productive, and recognize that fitting investments in wellness can enhance
organizational capacity to serve the public. The partnership envisioned through this initiative
would have the Union work with the Employer in a strategy to integrate organizational
wellness with employee and family wellness. It would be founded on principles of supportive
management and employees who care about their work and their own well- being.
3. The parties understand that fundamental values, jointly held, are essential to creating a
culture of wellness and success:
(a) Mutual trust: a shared sense of confidence among participants;
(b) Genuine respect: for people and concern for their well- being;
(c) Integrity: conduct that is honest, fair and ethical;
(d) Commitment to quality: service excellence to the public; and
(e) Responsibility: accountability towards meeting expectations.
QUALITY AND WELLNESS MODEL
4. The parties recognize that healthy, fair and progressive human resource management
practices contribute to a healthy work environment, quality services and constructive labour
relations. Critical success factors include leadership that values employees, conscientious
supervision, employee participation and responsibility, labour and management involvement,
two -way communication, learning and understanding the need for work -life balance.
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5. The parties shall undertake a multi - dimensional quality and wellness initiative that covers
safety management, order and cleanliness in work facilities, proactive return to work
measures, dutyto accommodate obligations, healthyactive living and supportive employee
assistance programs, employee benefits administration, and health and wellness education.
6. By fostering quality and wellness, the initiative would seek outcomes related to improved
employee health and well- being, lower health related costs and increased organizational
productivity. Outcome monitoring shall focus on measurable performance indicators related
to meeting specific success factors for both employees and the organization.
7. This initiative, coordinated through the Mutual Interest Committee, shall emphasize open
communication, being proactive, timely intervention and ongoing reporting towards
enhanced employee and organizational well- being. The parties believe in the philosophy of
affording employees the chance to know, the chance to explain and the chance to improve.
PERFORMANCE MEASURES
8. Human Resources shall track performance statistics and costs in a variety of wellness
related areas, including, but not limited to: accident frequency and severity; time lost from
work due to injury on duty; Workers' Compensation assessment rates; regular attendance at
work; and health, dental and drug plan usage.
9. The Mutual Interest Committee shall:
(a) Establish objectives related to measurable performance indicators, review quarterly
reports on the information compiled, and report outcomes relative to objectives set semi-
annually to the City Manager and the Recording Secretary of the Union; and
(b) Support the Joint Health and Safety Committee in its efforts to enhance safety
management systems, and encourage healthy active living and participation in wellness
education.
RETURN -TO -WORK PROGRAM
10. Each worker contributes to the effective delivery of services and to the overall success of the
organization. Absences from duty as a result of illness or injury are costly and affect many,
including workers, their families, managers, co- workers, health care providers, and the
public we serve. The parties acknowledge the benefits of a timely return -to -work from illness
or injury, and further recognize the importance of financial stability and support for
employees absent from work due to illness or injury.
11. The Return -to -Work Program shall encourage employees absent from duty to focus on
rehabilitation, help employees and managers understand their responsibilities related to
return -to -work, and ensure full and constructive participation in the return -to -work process. li
is the goal of the parties that employees absent from duty return to meaningful, safe and
suitable employment as soon as it is appropriate to do so, preferably their pre- absence job.
12. A joint Return -to -Work Program shall come into effect on January 1, 2007.
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13. The following principles shall guide development and administration of the Program:
(a) Commitment to a culture of quality, wellness and timely return -to -work.
(b) Joint responsibility for a timely return to meaningful, safe and suitable employment for
employees absent from duty as a result of illness or injury.
(c) Involvement of the worker in his /her rehabilitation and timely return -to -work.
(d) Consensus based on interest -based principles and proactive, ongoing communication
among partners in return -to -work.
(e) Meaningful and productive work for returning employees that duly recognizes
knowledge, skills and aptitudes.
(f) Rehabilitation and gradual transition back to full regular or, when necessary, alternative
duties.
(g) Obligations, responsibilities and rights under the Workers' Compensation Act and the
Human Rights Act.
14. Return -to -Work Committee
(a) Ajoint Return -to -Work Committee shall develop and guide the Return -to -Work Program.
The RTW Committee shall be of equal representation; two members designated each by
the Union and the City Manager, facilitated by Human Resources. Health care
professionals deemed essential by the Committee may be utilized. Members should be
knowledgeable of obligations and responsibilities associated with return -to -work, have
an understanding of the challenges often experienced by workers in returning after an
absence, and appreciate the benefits of return -to -work and the full range of costs
associated with workplace absences.
(b) The Committee shall: develop procedures and guidelines, including a standard attending
physician's form; provide guidance for suitable alternate work assignments;
communicate and promote the Program in the workplace; organize return -to -work teams
for individual return -to -work plans; provide guidance and support to workers,
management staff, case managers, health and other return -to -work professionals,
including representatives of the WorkSafeNB; meet regularly and maintain a record of
meetings; apply interest -based principles towards resolving any disputes that may arise;
review and analyze data relevant to absences from duty; and recommend Program
improvements. Members shall understand obligations, responsibilities and rights under
the Workers' Compensation Act and the Human Rights Act.
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15. Return -to -Work Teams
(a) A return -to -work team shall be established to work with the employee in circumstances
where a return -to -work plan is required, such as:
The worker has been absent from duty for eighty (80) consecutive hours; or
ii. The worker has been advised in writing of concern regarding work attendance; or
iii. Special intervention is needed in the opinion of Management or the Union.
(b) A team shall include the employee, and one member designated each by the Union and
the Department Head, and will be administered by a Case Manager (from Human
Resources staff).
(c) Each return -to -work team shall:
Develop the individual return -to -work plan for the employee;
ii. Work proactively with the employee and health care professionals in the
rehabilitation of the employee, including representatives of WorkSafeNB;
iii. Encourage and support a timely, safe and healthy return to duty;
iv. Ensure full dialogue with the employee and other stakeholders;
V. Respect principles of confidentiality and need to know; and
vi. Understand obligations, responsibilities and rights under the Workers'
Compensation Act and the Human Rights Act.
16. Occupational Medical Advisor (OMA)
The Return -to -Work Committee shall appoint an Occupational Medical Advisor (OMA) to
objectively assess medical information to make recommendations for design of individual
return -to -work plans, and to act as a liaison with the employee's attending physician to
understand relevant restrictions or limitations. The OMA shall be knowledgeable of the
Employer's and the Union's obligations and responsibilities concerning accommodation and
return -to -work, as well as the various agencies and professionals available to assist in the
return -to -work process.
17. Training and Administration
(a) Members of the Return -to -Work Committee and RTW teams shall be required to
participate in joint training to prepare them for their respective roles and responsibilities.
(b) Program design shall be documented in a City of Saint John business practice, with
details and related procedures developed collaboratively by the Union and Management -
with due recognition of specific obligations, responsibilities and rights under the Workers'
Compensation Act and the Human Rights Act.
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18. Confidentiality and Authorization to Disclose
(a) The parties recognize individual rights regarding the confidentiality of employee medical
information. Return -to -work procedures shall safeguard the confidentiality of that
information with clear restriction to a need -to -know.
(b) The disclosure of relevant medical information to the Occupational Medical Advisor
(OMA) is essential to the return -to -work process. Sharing information on restrictions,
limitations and prognosis for return -to -work shall be the responsibility of the employee.
19. Outline of the RTW Process
(a) The need for return -to -work intervention is identified.
(b) The Return -to -Work Committee assigns a return -to -work team.
(c) The employee is informed and provided with a documentation package.
(d) Required documentation, including the attending physician's statement, is forwarded to
the Occupational Medical Advisor.
(e) The OMA may request supplementary information from the attending physician to better
understand response to treatment, limitations, restrictions, and prognosis for return -to-
work.
(f) The OMA makes recommendations to the RTW Team and helps develop a return -to-
work plan.
(g) RTW Team oversees the specific return -to -work plan for the employee.
(h) The Case Manager coordinates and reports on the process.
(i) The employee is successfully reintegrated into the workplace.
SUSTAINED IMPROVEMENTS IN PERFORMANCE
20. From an organizational perspective, the Employer seeks to provide a receptive environment
and support for positive health and well- being. Workplace wellness is an improvement
strategy designed to support achievement of its vision for the future. The underlying goal of
the City of Saint John is enhanced operational effectiveness, optimum value for money and
better service to the public.
21. Reinvestment in Productivity
The Employer is prepared to share sustained and measurable productivity improvements
with employees; monies that could be reinvested to supplement the employee share of
monthly contributions for health, dental and travel coverage, as provided for in Article 23.02
of the Collective Agreement:
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(a) Achieving Work Attendance Outcomes
i. Where the average annual absences on sick leave (hours per employee) among
all permanent employees (members of the bargaining unit) is less than sixty -four
(64) hours per year, the Employer shall pay, the amount shown in Article 23.02,
for the following calendar year only. The employee shall pay the remainder of the
cost of monthly premiums. It is understood and agreed that such benefit shall
extend to permanent employees only.
Where the average annual absences on sick leave (hours per employee) among
all employees (members of the bargaining unit) is less than forty (40) hours per
year, the Employer shall pay, the amount shown in Article 23.02, for the following
calendar year only. The employee shall pay the remainder of the cost of monthly
premiums. It is understood and agreed that such benefit shall extend to
permanent employees only.
(b) Demonstrating Leadership and Long -Term Commitment
i. In lieu of the five thousand dollars ($5,000) paid -up insurance policy provided for
in Article 23.01 of the Collective Agreement, employees who have averaged less
than sixty -four (64) hours per year over their last ten (10) years of employment
and retire may opt to receive a monthly amount of one hundred and fifty dollars
($150) for a period of thirty -six (36) months after retirement.
ii. In lieu of the five thousand dollars ($5,000) paid -up insurance policy provided for
in Article 23.01 of the Collective Agreement, employees who have averaged less
than forty (40) hours per year over their last ten (10) years of employment and
retire may opt to receive a monthly amount of two hundred dollars ($200) for a
period of thirty -six (36) months after retirement.
22 (a) Recognition for Achievements
A system of recognition and awards for both organizational units and individuals shall be
established through the Mutual Interest Committee. Key areas of focus shall include:
i. safe driving /operating record; X. others, as applicable.
ii. facility upkeep / maintenance
rating;
iii. community service;
iv. quality service testimonials;
V. innovation;
vi. equipment care;
vii. safe workplace;
viii. healthy active living;
ix. hazard elimination; and
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22 (b) Recognition for Innovation and Community Service
The parties to this Agreement encourage innovation and community service. An employee or
work team that develops innovated ideas and improved work methods, or makes positive
contributions to the community shall be recognized by the City of Saint John. Nominations
for such recognition may be made to the Department Head by any employee. Nominations
shall be reviewed and duly evaluated for recognition by the Mutual Interest Committee.
Termination /Renewal
22. The initiatives set out in this Letter of Agreement shall run for the term of the Collective
Agreement, from July 1, 2014, to December 31, 2019. It may be terminated at the end of that
term by either party, or may be renewed for a subsequent term by mutual agreement of the
parties. Renewal will be based on the demonstrated success of the initiatives — in the
opinions of the parties.
23. Upon termination of these initiatives, all provisions set out herein shall become null and void.
This letter of agreement forms part of the Collective Agreement dated this day of June, 2015.
SIGNED, SEALED AND DELIVERED THE CITY OF SAINT JOHN
IN THE PRESENCE OF ( "THE EMPLOYER ")
Witness Mayor
Witness Common Clerk
Witness
Witness
LOCAL 18, CANADIAN UNION OF PUBLIC
EMPLOYEES ( "THE UNION ")
President
Secretary
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77
LETTER OF AGREEMENT
BETWEEN: The City of Saint John
AND: The Canadian Union of Public Employees
Local 18 (Outside Workers)
SUBJECT: Pilot Project - Summer Vacation
In an attempt to provide an 0000rtunity for iunior personnel to take vacation durina the first week of
July and the first week of August, the parties agree to meet to discuss minimum service and staffing
requirements for each Service Area prior to December 31, 2015. Notwithstanding other policies or
guidelines for vacation scheduling, employees who request vacation during these weeks may be
approved provided the service and staffing requirements for each Service Area are maintained. The
pilot project will be implemented in 2016 and the parties will produce and review data from 2016 and
any subsequent year. This Letter of Agreement may be mutually renewed in subsequent years.
SIGNED on the
FOR THE EMPLOYER:
of June 2015.
Stephanie Walsh
Senior Manager, Human Resources
City of Saint John
FOR THE UNION:
J. Joseph Barry
President, CUPE Local 18
City of Saint John
346
am
REPORT TO COMMON COUNCIL
M &C2015 -124
June 17, 2015
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
II
The City of Saint John
SUBJECT: Contract No. 2015 -17: — Jean Street — Watermain, Sanitary, Storm & Street
Reconstruction
BACKGROUND
The approved 2015 Water & Sewerage Utility Fund and General Fund Capital Programs include
funding for new watermain, sanitary sewer, storm sewer and street reconstruction on Jean Street
between Loch Lomond Road and Courtenay Avenue.
TENDER RESULTS
Tenders closed on June 17, 2015 with the following results:
1. Galbraith Construction Ltd., Saint John, NB $960,535.48
2. Fairville Construction Ltd., Saint John, NB $1,046,737.08
3. Terraex Inc., Saint John, NB $1,072,530.46
The Engineer's estimate for the work was $1,284,000.
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects with
the exception of the tenders submitted by Terraex Inc., Heron Enterprises Inc. and Debly
Enterprises Ltd.
The tender submitted by Terraex Inc. contained a minor error in mathematics. The math error
was corrected in accordance with Division 2 - Instructions to Tenderers and Tendering
Procedures, Section 2.11 s) (i) and the corrected amount is reported above.
The tender submitted by Heron Enterprises Inc. did not include the signature page(s) of all
addenda issued to the Tenderers and was rejected by the Tender Opening Committee in
accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering
Procedures, item 2.8.03 h).
The tender submitted by Debly Enterprises Ltd. did not include a fully completed prescribed
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M &C2015 -124
June 17, 2015
Page 2
Form of Tender and was rejected by the Tender Opening Committee in accordance with General
Specifications Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.8.03 g).
Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform
the work, and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2015 Water & Sewerage Utility Fund and
General Fund Capital Programs. Assuming award of the Contract to the low tenderer, an
analysis has been completed which includes the estimated amount of work that will be
performed by the Contractor and Others.
The analysis is as follows:
Budget $1,555,000
Project net cost $989,000
Variance (Surplus) $566,000
POLICY — TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's policy
for the tendering of construction contracts, the City's General Specifications and the specific
project specifications.
RECOMMENDATION
It is recommended that Contract No. 2015 -17: Jean Street — Watermain, Sanitary, Storm & Street
Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd. at the tendered price
of $960,535.48 (including HST) as calculated based upon estimated quantities, and further that
the Mayor and Common Clerk be authorized to execute the necessary contract documents.
Respectfully submitted,
David Russell, P.Eng.
Municipal Engineer
!3 C-
! ° r Wm. Edwards, P.Eng.
! Commissioner
Transportation and Environment
O
8 L
Brian Keenan, P.Eng.
Engineering Manager
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
M &C- 2015 -126
June 18, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: UPDATE - Request to Conduct a Surface Remote Sensing
Survey of City Land at Vulcan Street — PIDs # 0002444 &
55147482
BACKGROUND
On 01 June, 2015 Council adopted the following resolution:
1. That the City of Saint John give permission and license to Graeme F.
Somerville, his agents and contractors, to enter upon City lands
designated by PID Nos. 2444 and 55147482 to conduct a surface
remote sensing survey of the said lands (the Project) provided that
during the Project the surface of the said lands is not disturbed; that
prior to entry upon the said lands to carry out the Project Mr.
Somerville obtains commercial general liability insurance for the
Project in the amount of $2,000,000.00 with the City as an additional
insured and agrees that he shall have no claim against the City for loss
or damage and will indemnify and save the City harmless and that the
Project will be completed by July 31, 2015;
2. And that the Mayor and Common Clerk are authorized to execute a
Licence for the Project.
City of Saint John
The City Solicitor's Office has received a letter from Mr. Somerville asking for an
extension to 31 August 2015 in order to complete the survey. He had not
anticipated that it would take most of the month of June to complete the
preparation and execution of the license agreement, and the provision of the
required certificates of liability coverage. As such, there is insufficient time for
his consultant to complete the survey prior to the current deadline of 31 July,
2015. If the extension is granted Mr. Somerville will extend his insurance policy
accordingly. Staff have reviewed Mr. Somerville's request and would recommend
its approval.
M
M & C — 2015 —126 Vulcan Street Land PIDs # 0002444 & 5147482. -2-
June 18, 2015
RECOMMENDATIONS
That the Licence authorized by Common Council Resolution adopted
June 1, 2015 between The City of Saint John and Graeme F.
Somerville be amended to extend the term from the 31S` day of July,
2015 to the 31" day of August, 2015; in all other respects the Licence
remains the same.
Respectfully submitted,
Paul Wilson, BBA Brian, ing, BBA
Real Estate Officer Manaizer Real Estate
'Gregory J. �eomans, CPA, CGA, MBA Patrick Woods, CGA
Commissioner of Finance City Manager
and Administrative Services
PWW /p
350
Description of Plan: Vulcan / Sydney / Charlotte Street Area
N PID: 0002444 & Portion of Former Lantic Sugar Refinery
55147482 Site
PAN: 01619705 Date: 27 May, 2015
351
REPORT TO COMMON COUNCIL
M &C2015 -125
June 17, 2015
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: WRIGHT STREET RETAINING WALL REPLACEMENT
PID # 55206452 - AGREEMENT
BACKGROUND
M
The City of Saint John
The approved 2015 General Fund Capital Program includes a project for Retaining Wall
Replacement — Wright Street. As part of this project the City will construct a new retaining wall
adjacent to Route 1 to replace the existing wall which currently supports the southern side of
Wright Street and has fallen into a state of disrepair adjacent to the Westbound Lanes of Route 1.
Beginning on April 18, 2013, a localized shale bedrock failure occurred that has undermined a
portion of a retaining wall that is approximately 14' from the edge of Wright Street near Spruce
Street. Bedrock and retaining wall material has fallen into a primary and secondary catchment
area within the edge of Route 1. Transfield Dexter Gateway Services Limited has constructed a
temporary barrier wall adjacent to the Westbound Lanes to prevent any further debris from
posing risk to public safety.
The administration and control of Route 1 has been delegated by New Brunswick Highway
Corporation (NBHC) to Transfield Dexter Gateway Services Limited (Gateway).
An agreement is required to transfer the lands to the City, as well as to provide access on Route 1
to complete the retaining wall replacement.
PURPOSE
The purpose of this report is to present the agreement to Council for its consideration.
INPUT FROM OTHERS
The City Solicitor's Office has reviewed the attached agreement.
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M &C2015 -125
June 17, 2015
Page 2
RECOMMENDATION
It is recommended that the City of Saint John enter into the Agreement with Transfield Dexter
Gateway Services Limited and the New Brunswick Highway Corporation in the form as attached
to this M & C 2015 -125, and that the Mayor and Common Clerk be authorized to execute said
Agreement.
Respectfully submitted,
YL
Joel Landers, P. Eng.
Municipal Engineer
Wm. Edwards, P. Eng.
Commissioner
Transportation & Environment Services
353
R. Kevin Rice, B.Sc., C.E.T.
Deputy Commissioner
Transportation & Environment Services
J. Patrick Woods, CGA
City Manager
PID 455206452
THIS AGREEMENT made this 16th day of June, 2015.
BY AND BETWEEN:
TRANSFIELD DEXTER GATEWAY SERVICES
LIMITED, a corporation duly incorporated under the
laws of the Province of New Brunswick, having its head
office in the City of Saint John, in the County of Saint
John, and Province of New Brunswick, hereinafter
called "Gateway"
OF THE FIRST PART
- and —
THE CITY OF SAINT JOHN, having its City Hall at
15 Market Square, Saint John, New Brunswick, a body
corporate by Royal Charter, confirmed and amended by
Acts of the Legislative Assembly of the Province of
New Brunswick, hereinafter called the "City"
OF THE SECOND PART
-and —
NEW BRUNSWICK HIGHWAY CORPORATION,
A BODY CORPORATE duly incorporated under the
laws of New Brunswick ("NBHC ")
OF THE THIRD PART
Recitals
A. NBHC is the owner of certain lands and premises located in the City of Saint John, in the County of
Saint John and Province of New Brunswick, which lands and premises bear Property Identification
Numbers 55206452 and are depicted in red in Schedule "A" attached hereto (hereinafter '`the
Lands ");
B. NBHC and Gateway have entered into an Agreement whereby Gateway currently operates and is
responsible for the highway located within the Lands ("Route I"),
C. There is currently a wall on the Lands which supports a portion of the southern sideline of a street
known as Wright Street (the "Current Wall ");
D. The Current Wall is in disrepair and has started to collapse onto Route 1:
E. The City intends to construct, within the Lands, a retaining wall at the same location as the Current
Wall to support that portion of the southern sideline of Wright Street currently supported by the
Current Wall (the 'New Wall ");
F. Gateway and NBHC have agreed that the retaining wall be built upon the Lands;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the
parties agree as follows:
Citv Obligations
1. The City shall, at its own cost and expense, expeditiously and with due diligence
a) remove the Current Wall;
b) subject to section 6(b) hereof, remove the concrete block barrier (the "Barrier ") that was installed
by Gateway to protect motorists on Route 1 from the debris created by the failure of the Current
Wall; and
354
c) design and construct the New Wall and maintain, subject to the terms hereof, the New Wall in
good order and condition. The City shall follow, at a minimum, the guidelines for procurement
and construction set out in Schedule "B. "
'. The removal of the Current Wall and construction of the Xew Wall shall be completed by the
City by November 1", 2015.
3. The New Wall shall be constructed substantially in the same location as the Current Wall
4. The City hereby releases and forever discharges NBHC and Gateway and their respective
servants, agents and assigns from any and all actions, suits, proceedings, costs, charges, expenses, claims.
demands, matters and things whatsoever that the City has now, ever had or may have, associated with,
arising from, or in any way connected to, the Current Wall or any act or omission of Gateway or NBHC
with respect to the Current Wall.
Gateway and NBHC Obligations
5. Gateway shall contribute $25,000.00 toward the cost of building the New Wall, and shall pay this
amount to the City immediately upon execution of this Agreement.
6. Gateway shall:
a) reimburse the City for the total cost of removing the Barrier up to a maximum of $25.000.00, or
b) have the option to remove the Barrier at Gateway's sole cost and expense.
7. During the construction period, which will include the demolition of the Current Wall. the
construction of the New Wall and the removal of the Barrier, Gateway shall, at its sole cost and expense.
provide the necessary traffic control on Route 1.
8. Upon completion of the New Wall in accordance with this agreement, Gateway and NBHC shall
allow the City, at its cost, to enter the Lands and carry out a survey. at the cost of NBHC, of that portion
of the Lands comprising the length of the footprint of the New Wall between the southern boundary of
Wright Street and the bottom of the ditch that is along the northern edge of Route ! as well as the area
currently comprising what is known as Wright Street as shown in the diagram at Schedule "C" attached
hereto ("the Parcel ") in order to create a Subdivision Plan showing the Parcel (the "Plan"),
9. Upon completion of the Plan. NBHC shall cinvey the Parcel, free from all encumbrances, to the
City for the sum of One Dollar ($1.00), and the City and NBHC shall cover their respective legal costs
associated with the conveyance of the Parcel to the City.
10. NBHC and Gateway hereby release and forever discharge the City and its servants and agents
from any from any and all actions, suits, proceedings, costs, charges, expenses, claims, demands, matters
and things whatsoever that tvBHC and Gateway have now, ever had or may have. associated with, arising
from. or in any way connected to. the Current Wall or any act or omission of the City with respect to the
Current Wail or the demolition thereof.
Remedies
H. Upon default by any of the parties under any terms of this Agreement, and at any time after the
default the other parties shall have all rights and remedies provided by law and by this Agreement.
12. No delay or omission by either parry in exercising any right or remedy shall operate as a waiver
of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall
preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore,
either party may remedy any default by the other party in any reasonable manner without waiving the
default remedied and without waiving any other prior or subsequent default by the defaulting party. All
rights and remedies of each party granted or recognised in this Agreement are cumulative and may be
exercisod at any time and from time to time independently or in combination.
Force Maieure
13. No party (the ;Affected Party') shall be held responsible for damages caused by delay or failure
to perform its undertakings under the terns of the Agreement when the delay or failure is due to any
circumstance, act or event beyond the reasonable control of the Affected Party, including, without
limitation fires, strikes, floods, acts of God, lawful acts of public authorities other than the City or NBHC.
355
or delays or defaults caused by common carriers, which cannot be reasonably foreseen or provided
against.
General Provisions
14. This Agreement supersedes and takes the place of all prior agreements, commitments,
communications, understandings, negotiations and discussions, whether oral or written, express or
implied, of the Parties with respect to the subject matter hereon
15. This Agreement shall not be enforced, or bind any of the parties, until executed by all the parties
named in it.
16. No change or modification of this Agreement shall be valid unless it be in writing and signed by
each party.
17. The Parties shall promptly undertake, or cause to be undertaken, all such further acts and the
execution and delivery of all such further deeds and documents as may be reasonably requested or
necessary to give full effect to this Agreement and the respective rights and responsibilities of the Parties
hereunder.
18. Descriptive headings are inserted solely for convenience of reference, do not form part of this
Agreement, and are not to be used as an aid in the interpretation of this Agreement.
19. It is intended that all provisions of this Agreement shall be fully binding and effective between
the parties, but in the event that any particular provision or provisions or part of one is found to be void,
voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of
the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall
remain in full force.
20. This Agreement shall be governed by and construed in accordance with the laws of the Province
of 'New Brunswick.
21. The parties each acknowledge having obtained their own independent legal advice with respect to
the terms of this Agreement prior to its execution.
21 This Agreement shall enure to the benefit of and be binding on the respective successors and
assigns of each of the parties.
IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands
of their respective officers duly authorized in that behalf on the day aforementioned.
[signature page follows;
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SIGNED, SEALED & DELIVERED
TRANSFIELD DEXTER
GATEWAY SERVICES
LIMITED
Per: �"�c—�—
Director
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
NEW BRUNSWICK HIGHWAY
CORPORATION
Hon. Roder Melanson, Chairperson
Fred Blaney, President
357
SIGNED, SEALED & DELIVERED }
} TRANSFIELD DEXTER
GATEWAY SERVICES
LIMITED
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
NEW BRUNSWICK HIGHWAY
CORPORATION
Hon. Roger Melanson, Chairperson
F Blaney, President
M
vice New Brunswick Qe–A— KI,....,,.— o_.—
N
A
i� X
! \ 1
i V
Map Scale / Echelle cartographique 1 - 7397
While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a
graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not
a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area.
Meme si cette carte n'est peut -titre pas libre de toute erreur ou omission, toutes les precautions ont ete prises pour en assurer
la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions,
configuration et emplacement). Elle n'a aucun caractere officiel et ne doit donc pas servir a la redaction de la description
officielle d'un terrain ni au calcul de ses dimensions exactes o38@ sa superficie. .
Schedule G0B"
Procurement and Construction Guidelines
I. The procurement notice or applicable tender request issued by the City shalt require tenderers to
set out as a separate unit price item the cost of dismantling and transporting the Barrier to the
determined location. The City shall confirm the determined location with Gateway in advance of
issuing the tender.
Z. Gateway shall be provided the full construction schedule (as updated from time to time). which
shall include the scheduled date for removing the Barrier.
3. All work shall be carried out in accordance with the restrictions applicable to the Route 1 as
managed by Gateway, and the City or its contractor shall provide Gateway at least 24 hours
advance notification for any traffic control requirements on Route 1. Traffic control shall be
limited to a shoulder, roadside and lane closures of the westbound lane of Route i.
9 .1
Schedule "C"
Diagram and /or property description of the Parcel to be transferred to the City by NBHC
361
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REPORT TO COMMON COUNCIL
air
June 18"', 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors;
City of Saint John
SUBJECT: Replacement — Infrastructure for Enterprise Resource Planning System
Purpose
The purpose of this Report is to recommend approval by Council for the acquisition,
implementation and configuration of replacement IT infrastructure for the City of Saint John's
Enterprise Resource Planning (EPR) systems, which are key components of a number of our
primary operational systems.
Background
The City has two Enterprise Resource Planning (EPR) systems that support core municipal
operations. One system runs our Sungard Public Sector Naviline applications, including:
• Government Management and Budgetary Accounting (GMBA) — a fully integrated
accounting system
• Accounts payable — a package with a variety of billing options
• Work Orders
• Land Management
• Building Inspections
• Payroll
• Human Resources
The second system runs the Sungard Public Safety Naviline applications, which supports the City's
Police, Fire, and 911 dispatching operations. In addition to these live systems separate testing
environments are available for testing of new applications, application updates and on -going staff
training.
In 2008 these key components were purchased and installed, and have reliably enabled core City
services (despite being due for replacement in 2013). IT staff and the application vendor, Sungard,
both assessed our server systems in 2013 and 2014 and concluded that an upgrade was not
363
necessary and could be delayed. However, a key component of the application maintenance
function is testing and training, and the test server that was originally purchased in 2004 can no
longer support the next generation of operating systems and applications. In addition, the Public
Safety system does not currently have a separate testing and training system. Since these systems
were purchased, technology has advanced substantially and the current server configuration does
not and cannot effectively leverage these advances. The City's IT Department worked with IBM
representatives and impacted service areas to define possible solutions and needs, and subsequently
finalized our new ERP hardware requirements. The goal was to design and implement a new ERP
system that would:
• Provide a stable and reliable platform for municipal services and public safety operations for
the next five years.
• Provide a platform for new applications (such as the City's new One Stop Shop and
improved online payment capabilities).
• Leverage our existing 2008 hardware for testing and potential disaster recovery.
• Provide flexibility in responding to possible future City Hall facility and location changes.
Process
The specifications were developed and solutions assessed by the IT Department. The optimal
system solution was to purchase a single high performance system that could power both municipal
services and public safety operations. A tender was issued on June 4t", 2015 for the supply,
implementation and configuration of an IBM Power 8 Server with a separate storage array and tape
backup system. The tender resulted in a single proposal by Anisoft Group Inc. that fully satisfied
the requirements of the tender. The tender includes hardware (necessary equipment), software
support and configuration services (offered in partnership with IBM), as well as a supporting
service agreement and warranty required for successful implementation of this project.
Anisoft is a large nationwide Canadian company and an IBM Premier Business Partner with over 15
years of experience in the supply, configuration and support of IBM systems.
Financial
The total capital cost is $110,689.15 + HST. The 2015 Information Technology Capital budget
included $130,000 for this planned project and expense.
Input from Other Sources
The City's Purchasing Agent has reviewed this request and is supportive of the recommended
approach in replacing / upgrading core IT IBM server- equipment.
M
Recommended Resolutions
1. To approve the supply, implementation and configuration of IBM equipment from
Anisoft Group Inc. at a total cost of $110,689.15 + HST.
Respectfully submitted,
Brian Woods, M.Sc.
Information Technology, Manager
J. t 'ck Woods, C.G.A.
City Manager
Neil Jacobsen, MBA
Commissioner of Strategic Services
365
REPORT TO COMMON COUNCIL
M & C — 2015 -127
June 19, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Initiate Stop -Up and Close Portion of Clovelly Drive
ANALYSIS:
City of Saint john
Village View No 2 Limited has approached the City to stop -up and close an
approximate 925 square metre portion of Clovelly Drive, as shown on an attached
map. If successful, it is their intent to purchase the parcel and develop it in
conjunction with their vacant property to the north -east for a 39 -unit residential
building. This is the same developer who recently completed a similar size
development off Noel Avenue.
Infrastructure Development Services is aware of the proposal to stop -up and close
this portion of Clovelly Drive and are in agreement. The City is working with the
proponent to design an appropriate turn- around at the intersection of Noel Avenue
and Clovelly Drive.
The City's Fire Department has no objections with respect to this proposal.
It is the City's policy to offer a proportionate share of any "to be" closed street to
the owners of adjoining properties. In this case, the proponent owns both sides of
the area considered for street closure. The recommendation contained in this
report is only to initiate the necessary process and would not bind the City to
effect the street closing. Should the street be stopped -up and closed, the City may
sell the land to the proponent.
The proponent is aware they are responsible for any costs associated with the
required advertising, translation and survey costs associated with this process to
stop -up and close a street (or portion of). The City is in receipt of the required
deposit to cover these aforementioned expenses. Real Estate Services will
prepare a further report for Council's consideration with respect to an Agreement
of Purchase and Sale (should the portion of street be closed).
9..
M & C — 2015 -127
June 19, 2015
-2-
If Council is in agreement, the following recommendation would initiate the
process for the consideration of a street closure for this section of public street.
RECOMMENDATIONS:
1. That the Public Hearing for the consideration of the passing of a By -law to
Stop Up and Close an approximate 925 square metre portion of Clovelly
Drive be set for Monday, July 20, 2015 at 6:30 p.m. in the Council
Chamber; and
2. That Common Council authorize the publishing of a notice of the intention
to consider passing of such By -law identified above.
Respectfully submitted,
6 Curtis Langille, B
Real Estate Offi r
Gregory J. Y ans, CPA, CGA, MBA
Commissioner
Finance and Administrative Services
Attachment
367
Xian Irving, BBA
Manager Real Esta e
a rick Woods, CGA
Manager
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June 19th, 2015
C
Your Worship and Members of Common Council,
Z Re: Winter On- Street Parking Regulations
Uptown Saint John Inc. (USJI) is a business improvement association (BIA) that
represents its 650+ members through many efforts, including the role of advocacy.
It has been brought to our attention through stakeholder's discussions that an
option has been presented in a Council report that we feel we must address.
E~
rte: On February 16, 2015 Common Council "resolved that item 11.1 Overnight
W Parking be referred to the City Manager to report back on the idea of eliminating
overnight parking on public streets during the winter months. "
Recently, the associations Executive Director was consulted by city staff to provide
input on behalf of the uptown business community. While we appreciate the need
for overnight parking bans to be in force for the safety of our community as well as
v to facilitate snow removal operations. It is important to emphasize even more so
z than indicated in the staff report that the USJI is strongly opposed to any such
recommendations that would expand on- street parking bans to daytime hours
during the winter months. The effect on business would be a deterrent to growth in
our urban core; therefore, would result in loss of our overall economic impact.
-r Our diligent work to dispel the perception that there is insufficient parking in the
-- uptown has included developing improved way - finding signage, updating
marketing collateral, and other tools, such as working with HotSpot Parking to
simplify and automate parking uptown. We firmly believe — and studies
.� commissioned by USJI have concluded — that we have sufficient parking in our
urban core, but to further amplify the perception of parking unavailability in our
O current car - centric world is:
1. Not a viable option
2. Would be detrimental to the businesses of the BIA
�., 3. Erodes our recent success in dispelling urban parking myths
0
N T. 506.633.9797 F. 506.652.3525 www.uptownsi.com 1
9C••
Given the above, we would urge council to consider carefully any such options that
would expand restrictions for on- street parking that could harm vitality of the
Uptown business community. USJI is prepared to work with Common Council and
City Staff to review and implement new parking strategies that are beneficial to the
businesses of the BIA while addressing the operational realities of snow removal in
dense urban areas.
We look forward to the opportunity.
,,,Regards
NAncy Tissington
Executive Director
Uptown Saint John Inc. On behalf of the Board of Directors
Cc: Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
Manager, Pedestrian & Traffic Service
City of Saint John
2
370
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.1i.
June 22, 2015
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: Acting City Manager
The Committee of the Whole, having met on June 22, 2015, adopted the following resolution:
"RESOLVED that pursuant to Section 83 of the Municipalities Act, Common Council appoint
William Edwards PEng as Acting City Manager effective July 1, 2015 and until such time as a
permanent appointment is made to the position of City Manager, and
That his salary during this period be set at $3855.00 per week, and
That upon completion of the acting assignment his annual salary be set at the rate for
the Exceptional Zone in Group B in the Management Pay Scale.
Sincerely,
Mel Norton
Mayor
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
371
- 4��r(
June 22, 2015
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: Proposed New Procedure for Right to
Information and Protection of Privacy Act Requests
The Committee of the Whole, having met on June 22, 2015, adopted the following resolution:
"RESOLVED that the Committee of the Whole recommend the following three resolutions be
adopted in the regular session of Council:
1) RESOLVED that the following resolution of July 29, 2013 be rescinded:
"RESOLVED that David Burke, while occupying the position of Access & Privacy Officer, is
hereby designated to serve as "head" as that term is defined in the Right to Information and
Protection of Privacy Act to the extent the said Act comes to apply to municipalities in the
Province."
2) RESOLVED that Jonathan Taylor, while occupying the position of Common Clerk, is hereby
designated to serve as "head" as that term is defined in the Right to Information and Protection
of Privacy Act to the extent the said Act comes to apply to municipalities in the Province.
3) RESOLVED that the following procedure be followed by the City of Saint John when
responding to Right to Information and Protection of Privacy Act requests:
• Immediately upon releasing a Right to Information response to an applicant, Common
Council be provided with a Request Summary memo.
• Access to view the full RTIPPA responses be provided to Council. There are however some
exceptions with regard to personal information.
• Council be provided with speaking notes for particular RTIPPA requests when it is deemed
appropriate by the City Manager."
Sincerely,
Mel Norton
Mayor
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
372
- 4��r(
June 22, 2015
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: Memorandum of Understanding (MOU) with Saint
John Energy on Light Emitting Diode (LED) Conversion
The Committee of the Whole, having met on June 22, 2015, adopted the following resolution:
"RESOLVED that the Mayor and Common Clerk be authorized to execute the MOU by signing
the attached document;
1. That City Staff work to complete the agreement with Saint John Energy on the Street Light
LED Conversion and return to Council with the agreement for approval; and
2. Request that the Common Clerk schedule a date to hear from Saint John Energy on the
program."
Sincerely,
Mel Norton
Mayor
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
373
June 22, 2015
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: Recommended Appointments to Committees
The Committee of the Whole, having met on March 16, 2015, adopted the following resolution:
"RESOLVED that as recommended by the Nominating Committee, having met on March 2,
2015, the Committee of the Whole recommends the following appointments to committees:
Saint John Free Public Library: to appoint Margaret Urquart to three year term from June 19,
2015 to June 19, 2018."
Sincerely,
Mel Norton
Mayor
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
374