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2012-10-29_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, October 29, 2012 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi&re communale 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 section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom 1.1 Property Matter 1.2 Financial Matter 10.2(4)(c,d) 1.3 Employment Matter 10.2(4)(b,j) 1.4 Legal Opinion 10.2(4)(a,f) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes s2.1 Minutes of October 1, 2012 s2.2 Minutes of October 9, 2012 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Fire Fighters' Association - Collective Bargaining (Recommendation: Refer to the City Manager) 5.2 Fred Trail Letter - Request to Build within the Street Right of Way (Recommendation: Refer to the City Manager and City Solicitor) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Proposed Amendment to Common Council Procedural ByLaw 11. Submissions by Council Members 11.1 Glen Falls Flooding Issues (Councillor Strowbridge) sl 1.2 Recommendations concerning Agencies, Boards and Commissions (Councillor McAlary) s 11.3 Funding for Transit in 2013 Budget (Councillor Snook) s 11.4 Affordability of Aquatic Center Public Swims (Councillor Snook) s11.5 Unresolved Actionable Resolution for Follow -Up 12. Business Matters — Municipal Officers s12.1 City Manager: Common Council Priorities 2012 -2016 s12.2 a,b,c) City Manager: CUPE Local 486 - Contract 2012 -2014 s 12.3 a,b,c) City Manager: 2011 -2012 Winter Management Plan Review and Update s 12.4 City Manager: Canadian Emergency Management College (CEMC) Agreement s12.5 a,b) Commissioner of Finance and Administrative Services: City of Saint John Pension Plan s12.6 City Manager: City Owned Vehicle Policy s12.7 City Manager: 2012 Fleet Replacement Program Update s12.8 Common Clerk: Actionable Resolutions - Reflecting up to the October 15, 2012 Council Meeting 13. Committee Reports 13.1 Committee of the Whole: Recommended Appointments to Committees 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Saint John Theatre Company - Fundy Fringe Festival 15.2 Saint John Theatre Company - Annual Operating Funding s15.3 Fundy Engineering Letter Re Safe Clean Drinking Water Program Groundwater Exploration s15.4 Polaris Institute - Municipal P3 Projects and PPP Canada Inc. 16. Adjournment The City of Saint John Seance du conseil communal Le lundi 29 octobre 2012 Comite pl6nier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conference, 8e etage 1.1 Question relative aux biens -fonds 1.2 Question fmanciere — alin&as 10.2(4)c), d) 1.3 Question relative a 1'emploi — alin6as 10.2(4)b), j) 1.4 Avis juridique — alin6as 10.2(4)a), f) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal s2.1 Proces- verbal du le, octobre 2012 s2.2 Proces- verbal du 9 octobre 2012 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Saint John Fire Fighters' Association — N6gociation collective (recommandation : transmettre au directeur g6n6ral) 5.2 Lettre de Fred Trail — Demande de construction a l'int6rieur des limites de 1'emprise de la rue (recommandation : transmettre au directeur g6n6ral et a 1'avocat municipal) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arrWs municipaux 10.1 Troisi6me lecture du projet de modification de 1'arr6t& proc6dural du conseil communal 11. Interventions des membres du conseil 11.1 Probl6mes li6s aux inondations de Glen Falls (conseiller Strowbridge) sl 1.2 Recommandations au sujet des organismes, des conseils d'administration et des commissions (conseillere McAlary) s 11.3 Financement des transports dans le cadre du budget de 2013 (conseiller Snook) sl 1.4 Afordabilit6 des bains publics du centre aquatique (conseiller Snook) s11. 5 R&solution pour laquelle aucune mesure n'a encore W prise et qui doit faire l'objet d'un suivi 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux s12.1 Directeur g6n6ral : Priorit&s du conseil communal pour 2012 -2016 sI2.2a), b), c) Directeur g6n6ral : Section locale 486 du SUP — Contrat pour 2012 -2014 s12.3a), b), c) Directeur g6n6ral : Examen et mise a jour du Plan de gestion hivernal 2011 -2012 s12.4 Directeur g6n6ral : Entente relative au College canadien de gestion des urgences s12.5a), b) Commissaire aux services financiers et administratifs : R6gime de retraite de The City of Saint John s 12.6 Directeur g6n6ral : Politique sur les v6hicules appartenant a la Ville s12.7 Directeur g6n6ral : Mise a jour relative au programme de remplacement de la flotte pour 2012 s12.8 Greffiere communale : R6solutions pouvant faire l'objet de mesures — jusqu'a la r6union du conseil du 15 octobre 2012 13. Rapports deposes par les comit6s 13.1 Comit& pl6nier : Recommandations de nominations pour si6ger aux comit&s 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 15.1 Compagnie th6atrale de Saint John — « Fundy Fringe Festival » 15.2 Compagnie th6atrale de Saint John — Fonds d'exploitation annuels s15.3 Lettre de Fundy Engineering au sujet de 1'exploration des eaux souterraines dans le cadre du Programme sur la salubrit& et propret& de 1'eau potable s15.4 Institut Polaris — Projets P3 au sein de la municipalit& et PPP Canada Inc. 16. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 1, 2012/LE 1 OCTOBRE 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — OCTOBER 1, 2012 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; K. Forrest, Commissioner of Growth and Development Services; W. Edwards, Commissioner of Transportation and Environment Services; M. Wilson, Fire Department Division Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Councillor Snook offered the opening prayer. 2. Approval of Minutes 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the agenda of this meeting with the addition of items 13.2 Committee of the Whole: Change to Governance Structure of the City and 13.3 Committee of the Whole: ISN Contract, be approved. Question being taken, the motion was carried 4. Disclosures of Conflict of Interest The City Solicitor disclosed a conflict of interest with item 13.2 Committee of the Whole Change to Governance Structure of the City. 5. Consent Agenda 5.1 That the Gulf Operators Bald Hill Quarry Newsletter be received for information. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Westgate Park Flooding (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Norton 5 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 1, 2012/LE 1 OCTOBRE 2012 RESOLVED that the City Manager be directed to forward an action plan, along with a time table of such actions, to alleviate the flooding in Westgate Park. Question being taken, the motion was carried. 11.2 Pension Plan /Pension Board (Councillor Farren) A motion was moved by Councillor Farren and seconded by Councillor Snook to direct the City Manager to arrange a time to have all of Council brought up to speed on the Pension changes that were put forward to the legislature for needed changes, otherwise known as S7. On motion of Councillor Fullerton Seconded by Councillor Snook RESOLVED that the main motion be amended as follows: the term S7 be replaced with S7b and the phrase "as well as other types of options" be added. Question being taken, the motion was defeated with Deputy Mayor Rinehart and Councillors Norton, McAlary, Merrithew, MacKenzie, and Reardon voting nay. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the City Manager arrange a time to have all of Council brought up to speed on the pension changes that were put forward to the legislature for needed changes, otherwise known as S7b. Question being taken, the motion was carried with Councillor Reardon voting nay. On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that item 11.2 Pension Plan /Pension Board (Councillor Farren) be referred to the City Solicitor and further that he be directed to provide clarification with respect to the repeal by the Province of the City of Saint John Pension Act. Question being taken, the motion was defeated with Councillors Fullerton, MacKenzie, McAlary, Merrithew, and Norton voting nay. On motion of Councillor Farren Seconded by Councillor Fullerton RESOLVED that the City of Saint John Pension Board be dismissed as soon as possible and that a committee that is agreed upon by Council be created to administer the City's Pension Plan. Responding to a question, the City Solicitor expressed the opinion that The City of Saint John does not currently have the authority to dismiss the Saint John Pension Board. He explained that the Act which repealed the City of Saint John Pension Act provided that the pension plan remain in force until it was amended, replaced, or wound up in accordance with the terms of the Pension Benefits Act. Responding to a question respecting whether the Province has given the City the authority to create a by -law to govern the City of Saint John pension plan, the City Solicitor advised that in his view the City has not been provided with this authority. Question being taken, the motion was defeated with Deputy Mayor Rinehart and Councillors Norton, MacKenzie, McAlary, Merrithew, Reardon and Snook voting nay. 11.3 Off Hour Street Paving (Councillor Farren) On motion of Councillor Farren Seconded by Councillor MacKenzie 0 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 1, 2012/LE 1 OCTOBRE 2012 RESOLVED that the City Manager be directed to create a policy whereby heavily traveled streets in the City are paved in the off hours, and further, in cases where off hour paving is done, that it not exceed 10 percent of normal cost, and if so it be brought back for Council to decide on the value of doing so. Question being taken, the motion was carried with Councillors McAlary and Merrithew voting nay. 11.4 City Owned Vehicles Policy (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the City Manager be directed to bring a policy forward for Council's approval respecting the use of City owned vehicles by the end of Oct 2012. Question being taken, the motion was carried with Councillor McAlary voting nay. 13. Committee Reports 13.1 Planning Advisory Committee: Skills Matrix On motion of Councillor Snook Seconded by Councillor Merrithew RESOLVED that the report entitled Planning Advisory Committee: Skills Matrix be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that the report entitled Planning Advisory Committee: Skills Matrix be referred back to the Planning Advisory Committee with the request that it submit a skills matrix to Common Council in order to help ensure diversity on the committee. Question being taken, the motion was carried. (The City Solicitor withdrew from the meeting) 13.2 Committee of the Whole: Change to Governance Structure of the City On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the report from the Committee of the Whole dated October 1, 2012 entitled Change to Governance Structure of the City be received for information. Question being taken, the motion was carried. (The City Solicitor reentered the meeting) 13.3 Committee of the Whole: ISN Contract On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole, having met on October 1, 2012, that: 1. The submitted contract between The City of Saint John and ISN consultants be approved; and 2. The Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 7 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 1, 2012/LE 1 OCTOBRE 2012 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Canadian Folk Music Awards 2012 Saint John Committee — Request to Present On motion of Councillor Snook Seconded by Councillor MacKenzie RESOLVED that the request from the Canadian Folk Music Awards 2012 Saint John Committee be referred to the Clerk to schedule. Question being taken, the motion was carried. 15.2 Inter - Action School of Performing Arts - Request to Present On motion of Councillor Snook Seconded by Deputy Mayor Rinehart RESOLVED that the Inter - Action School of Performing Arts request to present be received for information. Question being taken, the motion was carried. 12. Business Matters- Municipal Officers s 12.1 City Manager: Priority Setting and Budget Scheduling On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that Item s12.1 City Manager., Priority Setting and Budget Scheduling be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Common Council: 1. Approve the submitted schedule and plan for Council's priority setting sessions (Table 1), with the exception that October 22 be maintained as a regular Council meeting date. 2. Endorse the proposed process and timelines for a coordinated approach to the 2013 service -based budget (Table 2). Question being taken, the motion was carried. s 12.2 City Manager: Request to Designate Rockwood Park as a Heritage Conservation Area On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Item s12.2 City Manager: Request to Designate Rockwood Park as a Heritage Conservation Area be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Common Council not consider designating Rockwood Park as a Heritage Conservation Area. Question being taken, the motion was carried. s 12.3 City Manager: Proposed Municipal Drainage Easement — 150 -151 Aspen Street 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 1, 2012/LE 1 OCTOBRE 2012 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Item s12.3 City Manager. Proposed Municipal Drainage Easement — 150 -151 Aspen Street be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -252 Proposed Municipal Drainage Easement — 150 -151 Aspen Street, The City of Saint John accept from the Owner of Lots 10 -01 & 10 -02 any necessary easements for drainage of naturally occurring surface water as shown on the Amending Subdivision Plan Weldon Russell Subdivision dated May 11, 2012 prepared by Hughes Surveys & Consultants. Question being taken, the motion was carried with Councillor Farren voting nay. 16. Adjournment On motion of Deputy Mayor Rinehart Seconded by Councillor Snook RESOLVED that the Council meeting of October 1St, 2012 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:30 p.m. Mayor / maire Common Clerk / greffiere communale 9 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — OCTOBER 9, 2012 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon and Snook. WTiT:! P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; K. Forrest, Commissioner of Growth and Development Services; W. Edwards, Commissioner of Transportation and Environment Services; P. Ouellette, Intergovernmental Affairs Officer; T. LeBlanc, Police Staff Sergeant; K. Clifford, Fire Chief; J. Taylor, Assistant Common Clerk; J. Beltrandi Chown, Administrative Assistant. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Eric Phinney offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of September 4, 2012 On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the minutes of the meeting of Common Council, held on September 4, 2012, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the agenda of this meeting with the addition of item 13.4 Committee of the Whole: Recommended Appointment to the Saint John Port Authority Board; and item 13.4 Council Finance Committee: Appointment of Auditor, be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That the Discover Saint John request to present be referred to the clerk for scheduling. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the recommendation set out for the consent agenda item be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 10. Consideration of By -laws 10.1 Third Reading — Proposed Traffic By -Law Amendment Respecting Schedule «K„ 10 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto," amending Schedule "K" regarding Manawagonish Road, be read. Question being taken, the motion was carried The by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto," was read in its entirety. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the by -law entitled "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto," amending Schedule "K" regarding Manawagonish Road, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried Read a third time by title, the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto." 12. Business Matters- Municipal Officers 12.1 City Solicitor: Amendment to the Traffic By -Law Westfield Rd Speed Limit Consideration was given to a submitted report from the City Solicitor entitled Amendment to the Traffic By -Law Westfield Road Speed Limit. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto," amending Schedule M -1 — 60 KM /H Speed Limits; Schedule M -2 — 70 KM /H Speed Limits; and Appendix A — Speed Limits on Provincial Highways, 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 a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto." On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto," amending Schedule M -1 — 60 KM /H Speed Limits; Schedule M -2 — 70 KM /H Speed Limits; and Appendix A — Speed Limits on Provincial Highways, 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 a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto." 13. Committee Reports 13.1 Planning Advisory Committee: Proposed Subdivision and Variances — 140 Coldbrook Crescent On motion of Councillor McAlary Seconded by Councillor Merrithew 11 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 RESOLVED that Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed public street(s), as generally illustrated on the attached photo- reduced tentative subdivision plan entitled '512299 N.B. Inc. Subdivision' dated August 23,2012, including any necessary municipal services, municipal drainage and public utility easements. Question being taken, the motion was carried. 15. General Correspondence 15.1 Harbour Skating Club — Request for Free Ice Time On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that item 15.1 entitled Harbour Skating Club — Request for Free Ice Time be referred to the Regional Mayor's Caucus. Question being taken, the motion was carried. s2.1 Minutes of September 10, 2012 On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that Item s2.1 Minutes of September 10, 2012 be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on September 10, 2012, be approved. Question being taken, the motion was carried. s2.2 Minutes of September 24, 2012 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Item s2.2 Minutes of September 24, 2012 be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on September 24, 2012, be approved. Question being taken, the motion was carried. s7.1 National Science and Technology Week - October 12 -21, 2012 On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that Item s7.1 National Science and Technology Week - October 12 -21, 2012 be lifted from the table. Question being taken, the motion was carried. The Mayor proclaimed the week of October 12 -21, 2012 National Science and Technology Week in The City of Saint John. s11.1 Parking on Douglas Avenue (Councillor MacKenzie) On motion of Councillor MacKenzie Seconded by Councillor McAlary 12 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 RESOLVED that Item s11.1 Parking on Douglas Avenue (Councillor MacKenzie) be lifted from the table. Question being taken, the motion was carried. A motion was made by Councillor MacKenzie seconded by Councillor Reardon for Council to direct the City Manager to have the parking signs on Douglas Avenue by Harbourview High School changed to reflect that parking will be permitted only between 9am - 3pm and 5pm - 7am. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that item s11.1 entitled Parking on Douglas Avenue (Councillor MacKenzie) be referred to the City Manager to receive input from the Parking Commission and Municipal Operations. Mr. Woods advised that a change to the parking on Douglas Avenue would require a by- law amendment. Question being taken, the motion was carried with Councillor MacKenzie voting nay. s11.2 Animal Control By -Law (Councillor MacKenzie) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Item s11.2 Animal Control By -Law (Councillor MacKenzie) be lifted from the table. Question being taken, the motion was carried. On motion of Councillor MacKenzie Seconded by Councillor Snook RESOLVED that item s11.2 Animal Control By -Law (Councillor MacKenzie) be referred to the City Manager and City Solicitor to draft appropriate language for a proposed by -law amendment, and further that this be brought back to Council for approval within thirty days. Question being taken, the motion was carried. s12.2 Common Clerk: Scheduling a Committee of the Whole Meeting On motion of Councillor MacKenzie Seconded by Councillor McAlary RESOLVED that Item s12.2 Common Clerk: Scheduling a Committee of the Whole Meeting be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor Reardon RESOLVED that Council schedule a Committee of the Whole meeting on Thursday, October 11th, 2012 at 7:00 a.m. Question being taken, the motion was carried. s12.3 City Manager: Proposed Public Hearing Date 317 City Line and 290 Ludlow Street On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that Item s12.3 City Manager: Proposed Public Hearing Date 317 City Line and 290 Ludlow Street be lifted from the table. Question being taken, the motion was carried. 13 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -254: Proposed Public Hearing Date 317 City Line and 290 Ludlow Street, Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Serge Ethier (317 City Line) and 664638 N.R Ltd. (290 Ludlow Street) for Monday, November 5, 2012 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. s12.4 City Manager: Millidgeville Wastewater Treatment Facility Energy Retrofit Phase I On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Item s12.4 City Manager: Millidgeville Wastewater Treatment Facility Energy Retrofit Phase / be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -259: Millidgeville Wastewater Treatment Facility — Energy Retrofit Phase 1 that the proposal for the implementation of phase I of the energy retrofit at the Millidgeville Waste Water Treatment Facility as submitted by Controls and Equipment in the amount of $183,466 plus HST be accepted, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents Question being taken, the motion was carried. s12.5 City Manager: Feasibility Study Agreement - HDS Energy and Ecosystems NB, Ltd. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that Item s12.5 City Manager., Feasibility Study Agreement - HDS Energy and Ecosystems NB, Ltd. be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -251: Feasibility Study Agreement — HDS Energy and Ecosystems NB, Ltd. the Mayor and Common Clerk be authorized to sign the submitted Feasibility Study Agreement. Question being taken, the motion was carried. s12.6 City Manager: Snow Removal on Red Head Road On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Item s12.6 City Manager: Snow Removal on Red Head Road be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that item s12.6 Snow Removal on Red Head Road be tabled until such time that Councillor Strowbridge is present. 14 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 Question being taken, the motion was carried with Councillor MacKenzie and Councillor McAlary voting nay. s12.7 City Manager: Acquisition of Watershed Land - 4361 Loch Lomond Road A motion was moved by Councillor Farren and seconded by Councillor McAlary for Item s12.7 City Manager: Acquisition of Watershed Land - 4361 Loch Lomond Road to be lifted from the table. Mr. Woods requested that Council leave the item tabled at this time, noting that he would prefer to submit an updated report to Council on this issue at a later date. s12.8 City Manager: Harbour Bridge Snow Plowing Feasibility Analysis On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Item s12.8 City Manager: Harbour Bridge Snow Plowing Feasibility Analysis be lifted from the table. Question being taken, the motion was carried. Mr. Edwards stated that in June 2012 Council directed the City Manager to investigate the possibility of providing winter plowing services on the Harbour Bridge. He explained that the Province requires 24 hour service, seven days a week, with bare road conditions at all times. Mr. Edwards advised that the City does not current offer this level of service, noting that it would require an additional 12 employees and additional equipment. On motion of Councillor Snook Seconded by Councillor Mcalary RESOLVED that the report M &C 2012 -258: Harbour Bridge Snow Plowing Feasibility Analysis be received for information. Question being taken, the motion was carried. s12.9 City Manager: Green Municipal Funding Agreement - New Police Headquarters On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Item s12.9 City Manager: Green Municipal Funding Agreement - New Police Headquarters be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -250: Green Municipal Funding Agreement - New Police Headquarters, the City enter into a Combined Loan and Grant Agreement with the Federation of Canadian Municipalities for the new police headquarters in the form and upon the terms and conditions as submitted; and that the Mayor and Common Clerk be authorized to execute the said Agreement. Question being taken, the motion was carried. s13.2 Saint John Police Force: August 2012 Financial Results On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Item s13.2 Saint John Police Force: August 2012 Financial Results be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor McAlary 15 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 RESOLVED that the report entitled Saint John Police Force: August 2012 Financial Results be received for information Question being taken, the motion was carried. (Councillor Farren withdrew from the meeting) s15.2 United Way Request to Present On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Item s15.2 United Way Request to Present be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the United Way request to present be received for information. Question being taken, the motion was carried. (Councillor Farren reentered the meeting) (Councillor Fullerton withdrew from the meeting) s13.3 Committee of the Whole: Recommended Appointment to Saint John Port Authority Board On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that as recommended by the Committee of the Whole having met on October 9th, 2012, Patrick McCaffrey be appointed for a three year term from October 9th, 2012 to October 9th, 2015. Question being taken, the motion was carried. (Councillor Fullerton re- entered the meeting) s13.4 Council Finance Committee: Appointment of Auditor On motion of Councillor Snook Seconded by Councillor MacKenzie RESOLVED that the firm of Deloitte & Touche LLP be appointed auditors for The City of Saint John General Fund, The City of Saint John Water & Sewerage Utility, the Saint John Parking Commission, and The City of Saint John Reserve and Trust Funds for a four year period commencing with the year 2012 with the option for two one year extensions. Question being taken, the motion was carried. 9. Public Hearings 9.1(a) Proposed Zoning By -Law Amendment —416 Sandy Point Rd 9.1(b) Planning Advisory Committee Report Recommending Rezoning with Section 39 Conditions The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3980 square metres, located at 416 Sandy Point Road, also identified as being PID number 55115968, from "RM -1" three Storey Multiple Residential to "IL -1" Neighbourhood Institutional, with no objections 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 September 18, 2012 meeting at which the Committee recommended the rezoning of a parcel of land located at 416 Sandy Point Road as described above with Section 39 conditions. 16 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting. On motion of Councillor McAlary Seconded by Councillor MacKenzie 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 3980 square metres, located at 416 Sandy Point Road, also identified as being PID number 55115968, from "RM -1" Three Storey Multiple Residential to "IL -1" Neighbourhood Institutional, 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 Merrithew RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3980 square metres, located at 416 Sandy Point Road, also identified as being PID number 55115968, from "RM -1" Three Storey Multiple Residential to "IL -1" Neighbourhood Institutional, 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." 9.2(a) Proposed Municipal Plan Amendment 3795 Loch Lomond Road, Abigail Place and 356 Eldersley Avenue 9.2(b) Planning Advisory Committee Report Recommending Municipal Plan Amendments The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan amendment, amending Schedule "A" — City Structure, by redesignating those portions of the parcels of land located at 3795 Loch Lomond Road, Abigail Place and 356 Eldersley Avenue and being portions of PID numbers 55214910, 00329144, 55196588 and 00330159, from "Rural Resource Area" to "Stable Area" classification; and amending Schedule "B" — Future Land Use, by redesignating the same portions of the parcels of land, from "rural Resource" to "Rural Residential" classification, with no objections 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 September 18, 2012 meeting at which the Committee recommended the municipal plan amendment regarding property located at 3795 Loch Lomond Road, 2377 Loch Lomond Road (Abigail Place) and 356 Eldersley Avenue as described above. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled "A Law to Amend the Municipal Plan By -Law of the City of Saint John" amending Schedule "A" — City Structure, by redesignating those portions of the parcels of land located at 3795 Loch Lomond Road, Abigail Place and 356 Eldersley Avenue and being portions of PID 17 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 Nos. 55214910, 00329144, 55196588 and 00330159, from "Rural Resource Area" to "Stable Area" classification; and amending Schedule "B" — Future Land Use, be redesignating the same portions of the parcels of land, from "Rural Resource" to "Rural Residential" classification, 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 Merrithew RESOLVED that the by -law entitled "A Law to Amend the Municipal Plan By -Law of the City of Saint John" amending Schedule "A" — City Structure, by redesignating those portions of the parcels of land located at 3795 Loch Lomond Road, Abigail Place and 356 Eldersley Avenue and being portions of PID numbers 55214910, 00329144, 55196588 and 00330159, from "Rural Resource Area" to "Stable Area" classification; and amending Schedule "B" — Future Land Use, by redesignating the same portions of the parcels of land, from "Rural Resource" to "Rural Residential" classification, 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." (Deputy Mayor Rinehart entered the meeting) s8.1 City Manager: Financial Framework Presentation On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Item s8.1 City Manager: Financial Framework Presentation be lifted from the table. Question being taken, the motion was carried. Referring to a submitted report, Mr. Yeomans explained how the city's tax rate is set and he provided general information regarding the city's budget. Responding to a question, Mr. Yeomans stated that budget figures given last year regarding the unfunded pension liability were preliminary estimates, noting that the current figures are slightly different. Responding to a question, the Fire Chief stated that the fire department has negotiated some changes in service agreements with the Regional Hazmat Organization and Point Lepreau, adding that other cost cutting and revenue generating initiatives are also underway. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the submitted Financial Framework Presentation be received for information. Question being taken, the motion was carried. 16. Adjournment On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the meeting of October 9, 2012 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:15 p.m. in 97- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 9, 2012/LE 9 OCTOBRE 2012 Mayor / maire Common Clerk / greffiere communale 19 Local 771 IMF � eoX Saint John, N.B. Saint John Fire Fighters' Ell 3X1 iaff771 @nbnet.nb.ca Association C/0 Common Clerk His Worship and Common Council, RECEIVED COMMON CLERK'S OFFICE OCT 17 2012 CITY OF SAINT JOHN October 15, 2012 As you are aware, the interest arbitration hearing to settle the collective agreement between IAFF Local 771 and The City of Saint John has just been completed and the parties are awaiting the decision from the Board. At arbitration, the Association proposed a two year term which would provide for an expiry date of December 31, 2012 for the collective agreement. Should the Board award the proposed two year term, in accordance with Article 27:01 of the collective agreement, please consider this as a request to commence collective bargaining for a new contract. In accordance with the practice during the last couple of rounds of bargaining, please confirm whether the City agrees that proposals can be exchanged at the bargaining table once those dates have been set. Please contact the Recording Secretary at your convenience to discuss meeting times. Dale Clinton Recording Secretary IAFF Local 771 CC: Paul Stackhouse, City Manager, Human Resources, Fire Chief 20 RECEIVED COMMON CLERK'S OFFICE OCT 2 2 2012 October 22, 2012 CITY OF SAINT .' ^H`% Mayor and Council Re: Building Permit for a Staircase193 St. lames Street West Dear Members of Common Council, I am writing to you today to obtain a license to build a staircase within the street right of way in front of my property on St. James Street West. The current stairway is old and unsafe and needs to be replaced. I have attached a copy of the letter received from the Building and Inspection Services along with the site plan and building specs for your review. Thanks, Fred Trail 274 Carter's Point Road Carter's Point NB E5S OA1 21 Buildings and Inspection Services / Services d'inspection et des batiments IMF Phone / Tel: (506) 658 -2911 Fax / Te16c: (506) 632 -6199 The qty of Saint John August 22, 2012 D. Bartlett & C. Haggerty 193 St. James Street West Saint John, NB E2M 2E5 Dear Sir /Madam: RE: 193 St. James Street West PID 365734 Building Permits 12 -0914 RE: construct 6'x8' deck & stairs on front of building Please be advised that the above noted building permit has been placed on hold for the following reason: Your application was returned by Community Planning unapproved. The existing and proposed replacement of the landing and stairs will be located within the street right of way. In order to receive a building permit, you must obtain a license to build within the street right of way from Common Council, as well as approval from Municipal Operations. The process to receive approval to build within the street right of way starts by writing the Common Clerk, PO Box 1971, Saint John, NB, E21- 41-1, with a request clearly outlining the issue and asking that Common Council grant a licence for your stairway to be placed within the street right of way. Please be advised that no work shall commence until this permit is issued. The application will be placed on hold awaiting your approval from Common Council (658- 2862) and Municipal Operations (658- 4455). Yours truly, David G. M. Crawfo , P. Eng. Deputy Building Inspector /pmh c Vince Chan — Technical Services Inspector Tamara Duke — Technical Services Inspector e!d - SAINT JOHN P.O. Box 19 1 S int oh NB anada E2L 4L1 saint� ohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 --1� Te� 5(�6 -�5 -291 F 506- 632 -61 9 BUILDING & TECHNICAL SERVICES DEPARTMENT CITY OF SAINT JOHN SITE PLAN - REGULAR LOT REVISEDNUMBER OF STOREYS NUMBER OF UNITS THESE MEASUREMENTS ARE CORRECT TO THE BES-E-Of MY KNOWLEDGE. APPLICANT'S SIGNATURE X a",/ I.. -.. .. -.._. - .._.._........ ...... _ - .._..� -: xzj- � I I � 9 l I STREET <a, , sk 23 BUILDING &TECHNICAL SERVICES DEPARTMENT CITY OF SAINT JOHN REVISED TYPICAL DECK NOTE: ALL MATERIALS TO BE WEATHER TREATED. GALVANIZED FASTENERS. 6 l �f 4 FT. MIN. OR TO SOLID ROCK 1 JOIST SIZE JOIST SPACING > <t � f BEAM SIZE 2-(2 POST SPACING 3�z NOT TO SCALE 24 VERTICAL MEMBERS NO MORE THAN 4" APART JOIST JOIST HANGER POSITIVE CONNECTION ► / FINISHED GRADE JOIST CANTILEVER "C" INS. JOIST SIZE JOIST SPACING 12" 16" 24" 2 x 6 28 20 16 2 x 8 30 24 20 2 x 10 39 30 24 189 Saint James Street West - Google Maps gle Address 109 Saint James Street West Go Address is app c.timate Page 1 of 1 https://maps.google.com/maps?f--q&source=s _q &h1= en &geocode = &q= Saint +John, +NB, +... 8/12/2012 BY -LAW NUMBER M -5 A LAW TO AMEND A BY -LAW RESPECTING THE PROCEDURE OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE N° M -5 ARRETE MODIFIANT L'ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une r6union du conseil communal, The City of Saint John as follows: The City of Saint John a d6cr6t6 ce qui suit : A By -Law of The City of Saint John entitled "a By -Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29t" day of November, A.D. 2010, is hereby amended as follows: 2 Section 8.4 is amended by deleting the words "16. adjournment" at the very end of the section, and replacing them with the following: 16. supplemental agenda 17. committee of the whole 18. adjournment ". 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 , A.D. 2012 and signed by: Mayor/Maire Par les pr6sentes, Farr&6 de The City of Saint John intitul6 « Arret6 concernant le reglement int6rieur du conseil communal de The City of Saint John)), 6dict6 le 29 novembre 2010, est modifi6 comme suit: 1 L'article 8.4 est modifid par la suppression des mots "16. ajournement" a la toute fin de Particle et leur remplacement par les mots suivants: «16. ordre du j our suppldmentaire 17. comit6 plenier 18. ajournement » EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le pr6sent arr&6 le _ 2012, avec les signatures suivantes : Common Clerk / Greffiere communale First Reading - October 22, 2012 Premi6re lecture Second Reading - October 22, 2012 Deuxi6mie lecture Third Reading - Troisieme lecture 26 - le 22 octobre 2012 - le 22 octobre 2012 L October 17, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Glen Falls Flooding Issues Currently the community of Glen Falls suffers flooding whenever there is major rain fall if the tides are in. In the past the City has "dredged" various ditches in the community which has provided some relief but the ditches are currently filling back in with debris, grass and trees again. I would like to know what the short term goals are to keep these clear and free of blockage as well as the long term. I would like to see the City back in Glen Falls to clear the ditches by next spring at the latest to decrease the amount of flooding in the area. I would also like to know if the ditch clearing is enough or should the City look at adding another holding pond in the neighbourhood, whichever is more sustainable and fiscally responsible. Motion: That the City Manager provide a report on the current status of Glen Falls flooding issues. would like to know what the current schedule is regarding emptying the trenches, and the current status to maintain them by December 1st. Respectfully Submitted, (Received via email) Ray Strowbridge, City Councillor— Ward 4 City of Saint John ?4 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I wwwsaingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41-1 27 1 c� 5' 74C City of Saint John October 29, 2012 Mayor Mel Norton and Members of Common Council: A few months ago the Common Council gave Councillors Shirley McAlary, David Merrithew- and John MacKenzie the mandate to review and make recommendations that would improve the overall being of our ABC'S. (All City Commissions, Committees and Boards will be referred to as an ABC) Here is our report submitted for the approval of Common Council. Recommendations for changes to our ABC's. 1. All ABC'S appointed by Council must give a written report outlining number of meetings, attendance, activities and decision making on a bi- annual basis; by the end of June and before mid - November unless otherwise directed by Common Council. Some major ABC'S may wish to report in person to Common Council on a more regular basis and that will be determined on an individual basis at the wish of Common Council 2. All appointments made by Council for all ABC'S will be for a period of three years with the possibility of one re- appointment term of three years which would allow an individual to serve a total of six years. After an individual has served a total of six years the individual must remain off that particular ABC for a period of at least one year. This will become effective as of the date of this report being approved by Common Council. 3. If Members of Common Council are nominated to serve on any given ABC they will serve only their full term of Council period. 4. The Nominating Committee should be conscious of the fact of appointing citizens to only one ABC, in order that more individuals may have the opportunity to serve. 5. As a first step towards ensuring that our ARC'S are more accountable to Common Council, each ABC should fully understand their mandate and should understand what skill sets they require in their Board Members to undertake their duties to perform in the best possible way. 6. Changes to appointments of Elected Officials and Senior City Staff; Only one elected representative should be appointed to each ABC if required and/or only one member of (P SAIN T Y­ 1HN P.O. fk)x 'l 971 Saint John, N3 CcInadi F21 AL1 I w�.Wu�aingohn.Ca I C.P. 1971 Saint John, N B. Canada EA 4L7 — r. 28 senior staff should be appointed to each ABC if required. This will allow for a greater number of citizens to be appointed to ABC'S which will allow for more input from our citizens. 7. Changes to some of our ABC'S; such as; The City Solicitor has already been given the mandate to address the consolidating of the Saint John Parking Committee and the Saint John Transit Board. 8. A new Committee has been established in the name of Rockwood Park Endowment Fund, (formerly known as Deed of Gift - Brunswick Pipeline Committee), City appoints two members. 9. The following ABC's should be deleted as they have served their purpose and are no longer needed; Arbour Day Committee; Design and Building Standards Committee; Saint John Environment Committee; Justice/Peel Plaza Steering Committee; Performance Review Committee; Revenue Generating Committee; and Taxation Review Committee. 10. Common Council has the authority at any given time to establish new ABC'S with new mandates. 11. Consideration should be given to study the possibility of consolidating the Leisure Services Committee; Lord Beaverbrook Rink Board; Rockwood Park Advisory Board; Carleton Community Centre Advisory Committee and forming a new ABC that would represent all rinks, parks, recreation of all kinds with the suggestion that a new name be selected, especially in view of the fact that there will be the establishment of a new Regional Recreation Commission. If the above recommendations are approved the following items need to be implemented. This committee would be willing to study Recommendation #11 and report back to Common Council. 2. All ABCS should be sent a copy of our recommendations if approved by Common Council. 3. The Nominating Committee must follow through with these recommendations when making future appointments (new and re- appointments). 4. We must amend the ByLaw so that the former Council Emergency Measures Committee be consolidated with the newly formed Saint John Emergency Management Organization Advisory Committee. Respectfully Submitted, Councillor Shirley McAlary (received via email) 29 � e+r The City of Saint John October 23, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Funding for transit in 2013 budget In 2011 the City of Saint John provided an operating subsidy for Saint John transit in the amount of $5,275,978. Unfortunately, the 2012 budgeted operation subsidy was $4,290,516 which is about a 20% reduction or approximately $1,000,000 less. As a result of the cutbacks, Saint John Transit will likely lose about 250,000 rides this year, which is about 100,000 more than anticipated. Due to this, to keep the current level of service next year, our subsidy in 2013 would have to increase to $4,800,000. I believe the goal of this Council is not only to maintain the current level of bus service in our community but to deliver an enhanced service by at least reinstating some of the service that was cut in 2012. As a member of the Saint John Transit Commission, I want to provide Council with feedback with regard to where service should be reinstated. Consideration should be given to the following: 1. Reinstate evening bus service in the south end, Crescent Valley, Wright Street and Churchill Heights /Milford until 10:00 P.M. 2. Make the Lancaster Mall /Hospital /UNB service an all day service rather than just during peak hours. 3. Putting service out earlier due to the fact that much of Saint John Transit's ridership loss was the result of later morning service. In order to make these changes, it would require about 8000 additional service hours at a cost of $350,000 - $400,000. In order to keep the same service and add the service recommended above, Saint John Transit would need an operating subsidy comparable to what was given in 2011. Motion: Refer to Budget Respectively Submitted, Councillor Snook . J.r ived via email) SAI,Nff JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 I vvwvv ssingohn.ca I C.P.1 971 Saint. john, N. -B. Canada E21- 4L1 30 The City of Saint John October 23, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Affordability of Aquatic Center Public Swims While I was visiting in St. John's, Newfoundland last summer, I was very impressed with the municipality's choice to offer free swimming at a public pool at Bowring Park. It reminded me of the importance of making every effort to make recreational opportunities accessible to all. Offering a free activity such as swimming encourages people, especially children, to be active. it promotes a healthy lifestyle within a community that strives to be inclusive and livable. At the very least, I encourage the municipality of Saint John to consider reinstating a public swim at the Aquatic Center for a reduced cost. Several years ago there was a "toonie swim" on Friday evenings. This allowed a person to access this public pool who otherwise may find the regular cost prohibitive. Motion: Refer to the Canada Games Aquatic Center Commission. Respectively Submitted, Councillor Snook (received via email) (P N"$ ME,101"IQ R.O. Bax'1971 Sain.'J(h :, JAR Canor1a E21.4U1 I w. °- Nv- sain�ohnxa I C=-P'1971 &AN Jahn, N.--K Qinai.-a E211-41.1 31 The City or Saint john October 25, 2012 Mayor Norton and Common Councillors: Subject: Unresolved Actionable Resolution for Follow -Up At its June 7, 2010 meeting, Common Council "RESOLVED that as recommended by the City Manager in the submitted report M &C 2090 -995: Cedar Point Estates — Development Standards and Infrastructure Maintenance, Common Council consider the issues and options outlined in said report, and direct staff to develop a long term strategy, in consultation with the neighbourhood and developers, for appropriate future standards for these developments." This is currently an unresolved actionable resolution for follow -up by City staff. MOTION: That this issue be prioritized by City Staff and that a follow up has occurred within 14 days of today's date. Thank you Susan Fullerton Councillor (Received via email) (P f�N 1�101N, Ito. tkx� 1971 Sdint Jc n' ;�, i' *'_13 0oada UL 40 I vJ VW. *1tjohnxa I C.P. 1971 Saint ohi, NA.. C nada E21L 41-1 - - - 32 REPORT TO COMMON COUNCIL October 25, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Common Council Priorities 2012 -2016 77 The City of Saint John Common Council recently participated in several priority setting sessions to set a strategic direction for their term. On October 23, 2012 Council collectively agreed to priorities that are intended to guide decision - making over the next four years including the annual budget process. Public consultation was the cornerstone of Council's strategic planning process to identify goals and objectives that reflect the priorities of our citizens. Engagement with citizens helped Council complete a SOAR analysis, recognizing the Community's strengths, opportunities and aspirations while focusing on results. From there, Council worked collaboratively to agree on priorities for the community and the high -level actions required to successfully achieve these goals during their term. Council's priorities (attached) establish three key outcomes for the community; economic health, community of choice, and sustainable infrastructure. With PlanSJ as a guiding framework for decision - making, Council's priorities also identify investment in economic development, roads, drinking water, recreation and a solution to the pension situation as some of the actions that will support the achievement of these community outcomes. Council has also made a commitment to good governance. Council will use their newly approved priorities to guide decision - making during the 2013 service -based budget process. As a next step, City staff will develop a strategic plan that will outline more detailed actions that will support the achievement of Council's priorities. Performance indicators will be incorporated into the strategic plan to report on the progress made toward achieving established priority outcomes for the community. 33 M &C— Common Council Priorities 2012 -2016 RECOMMENDATION It is recommended that Common Council endorse their priorities (attached) that will guide decision - making and allow the City to demonstrate accountability for results during their term. Respectfully submitted, Stephanie Rackley- Roach, P.Eng., MScEng Manager, Corporate Planning Jacqueline Hamilton, MCIP RPP Commissioner, Strategic Services J. Patrick Woods, CGA City Manager 34 • • • • • We enjoy strong community support with the ability for diverse groups to rally around a common purpose We have a strong urban flare with plenty of space to live, work, and play Our history is strong, with numerous heritage properties to complement our modern amenities Our parks, natural environment, and waterways offer a variety of recreation options We boast highly qualified and internationally - recognized staff and community leaders Our entrepreneurial spirit is alive and well We are a modern industrial leader 04 M.d e ye A +4A • • • We will become a community of choice for people and business We will create a culture of forward - thinking and positive action within City Hall and around our community We will actively promote the development of a diverse and growing population We will be seen as a well -run municipal government We will focus on sustainability — a clean, green city with public transit that meets the needs of our citizens We will work toward integrated walkways and bike paths to connect our neighbourhoods and waterways We will boast an active network of community champions, advocating economic, social and community investment that drives positive change Setting priorities is about determining what goals and objectives will be acted upon during Council's term to support the community in achieving its long -term vision — OurSaintJohn. Council's Priorities will also support the implementation of PlanSJ, our new municipal plan. As part of its governance role, Common Council establishes strategic priorities that will guide decision - making and allow the City to demonstrate accountability for service results. i Public engagement was the cornerstone of the strategic planning process to identify goals and objectives that reflect the priorities of our citizens. Engagement with our citizens helped us to recognize the community's strengths, opportunities and aspirations while focusing on results. From there, Council agreed on priority outcomes for the community and the actions required to achieve these goals during their term. Keep the conversation going with your Council on Twitter using #sjcouncil 01r44 pwa� Saint John Common Council 2012 -2016 1 P� • Implement clear and consistent internal processes to facilitate investment and development in Saint John while maintaining City standards that align with PlanSJ • Deliver an integrated approach to economic development • Cooperate with neighbouring municipalities to advance the economic prosperity of the region through the True Growth 2.0 initiative • Invest wisely to continue to build our community and deliver services while maintaining a healthy financial position • Implement an affordable and sustainable plan to address pension issues • Implement policies that create a livable community, one that has vibrant neighbourhoods and provides diverse and accessible opportunities to engage in arts, culture and recreation in a safe and caring environment • Continue to invest in key community recreation facilities such as Rockwood Park and Harbour Passage • Work with community partners to develop and maintain a new signature multi - purpose recreation facility and strategic neighbourhood projects that support PlanSJ • Improve the 'face' of our City by increasing investment in our roadways and sidewalks that connect our neighbourhoods • Build a more robust transit system that is aligned with the principles of PlanSJ • Implement policies that maintain and protect the quality and integrity of all our infrastructure assets in an environmentally sustainable way and reinforces the principles of PlanSJ • Execute an equitable city -wide strategic road improvement plan that supports PlanSJ • Implement a city -wide strategic recreation plan that 'right- sizes' the delivery of quality recreation programs and facilities for our diverse population • Secure funding for projects to deliver quality drinking water to our citizens • Strategic communication • Accountability for service results • Responsive customer service • Service -based decision - making REPORT TO COMMON COUNCIL October 26, 2012 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Members of Council, SUBJECT: CUPE LOCAL 486 — CONTRACT 2012 -2014 The City of Saint john PURPOSE OF REPORT: To seek final Council approval the Collective Agreement with CUPE Local 486 for the term January 1, 2012 to December 31, 2014. BACKGROUND During 2010, the City entered negotiations with CUPE Local 486 respecting a new Collective Agreement. The goal of the negotiations was to negotiate zero percent increases for two years. The parties originally agreed to the following provisions; 1. The Contract Term would run for 24 months ending on December 31, 2013 2. Rates of pay would be adjusted as follows: 1. 2012 0 percent 2. 2013 0 percent 3. Subject to enactment of the City of Saint John Pension Plan amendments, employees covered by the Working Agreement would be eligible for Option A of the pension reform proposal. 4. Local 486 would support enactment of the requested regulatory and legislative amendments needed to reform the City of Saint John Pension Plan (Option A). 5. In anticipation of the creation of the SJ Water and Sewerage Utility, the parties would agree to negotiate explicit terms and conditions of employment and related matters affecting employees covered by the agreement so as to promote the continuous, effective and efficient operation of the new department. 6. Members of Local 486 would be granted one additional floating holiday effective Jan 1, 2012. 7. Vacation entitlement (19:01) will be adjusted as follows: a. 20 years continuous service — 210 hours b. 25 years continuous service — 245 hours 37 Page 2 Common Council subsequently authorized staff to prepare a formal agreement for signature. Since December 20th, 2010 the environment has changed significantly in regards to the pension and bullets three (3) and four (4) above are no longer an option. In follow -up negotiations with Local 486, the parties have agreed to eliminate any reference to pension options and to extend the agreement by one additional (1) year with a 2.9% wage increase for 2014. The successive 0% wage adjustments for 2012 and 2013 will avoid an estimated $450K per year in salary increases and the lack of a wage increase will also assist in controlling the pension deficit. The 2.9% wage increase in the third year is similar to the 3% wage increase that Local 18 will receive under the terms of their current contract. A comparison of other wage settlements is attached for Council's information. (Appendix A) The Saint John Board of Police Commissioners and the members of CUPE Local 486 have approved the terms of the new agreement. As stated, all parties have now agreed to the changes and the purpose of this report is to present the final agreement, as attached, for Common Council's consideration and approval. OUTCOMES The proposed change will result in a collective agreement with CUPE Local 486 that runs until December 31St, 2014 with a 2.9% wage adjustment, retain the 0% salary increases for 2012 and 2013, as well as remove the references to the Option A pension solution. The other contract provisions will remain as previously negotiated and approved. The new agreement will ensure labour stability with CUPE Local 486 for an additional year and allow the organization to concentrate on other collective bargaining priorities. INPUT FROM OTHER SOURCES Finance reviewed the costing of the proposed changes. Legal has reviewed and provided input on the attached 2012 -2014 Collective Agreement. RECOMMENDATION It is recommended that Common Council authorize the Mayor and Common Clerk to execute the attached Collective Agreement with CUPE Local 486 for the period January 1, 2012 to December 31, 2014. IN Respectfully submitted, Stephanie Walsh, CHRP, MBA Senior Manager, Human Resources Strategic Services 4Jacline Hamilton, MCIP RPP issione Strategic Services w"-� J. atrick Woods, CGA City Manager 39 Page 3 Appendix A City of Saint John — Competitive Salary Increases 2005- 2014 Year Management % Increase Inside Workers CUPE Local 486 % Increase Saint John Fire Fighters - Local 771 % Increase Outside Workers CUPE Local 18 % Increase Saint John Police Association % Increase Expiration of Collective Agreement No Collective Agreement —Terms and Conditions of Employment only December 31St, 2014 December 31, 2010 — Interest Arbitration decision pending June 30th, 2014 December 315`, 2012 2005 2.9% 3% 4% 2.75% 4% 2006 3% 3% 4% 2.75% 4% 2007 3.25% 3% 6% 3.25% 4.5% 2008 2.5% 3.5% 5.75% 3.25% 5.75% 2009 3.25% 4.5% 3.5% 4.5% 2010 3.25% 4.5% 3.25% 5.25% 2011 2.9% 3% TBD 0% 2012 TBD 0% 2013 N/A TBD 3% TBD 2014 N/A 2.9% TBD 1.5% TBD Total 14.55% 24.90% * 28.75% 23.25% * 28% Annual Avg 1 1.82% 2.49% 4.79% 2.33% 3.5% * Fire increases only until 2010 & Police only until 2012 Wage Increase have been spread out over the year ie. Police in 2010 received 2.25% on January 15Y, 2010 & 3% on July 1St, 2011 On average the City of Saint John Management group have received yearly pay increases significantly less than the unions over the past 7 years. Local 18 will receive 1.5% for the first 6 months of 2014. Their Collective Agreement will expire June 30th, 2014. CI t, 2012 - 2014 WORKING AGREEMENT BETWEEN THE CITY OF SAINT JOHN (hereinafter referred to as the "Employer ") and THE CANADIAN UNION OF PUBLIC EMPLOYEES, SAINT JOHN CITY HALL EMPLOYEES' LOCAL UNION NO. 486, C.L.C. (hereinafter referred to as the "Union ") 41 LOCAL 486 CONTRACT TABLE OF CONTENTS - SUB ARTICLES ARTICLE TOPIC PAGE 1 INTENT AND PURPOSE OF AGREEMENT 9 2 RECOGNITION 9 2:01 Sole & Exclusive Bargaining Agent 9 2:02 Placement of New Positions 10 2:03 Work of the Bargaining Unit 10 3 MANAGEMENT RIGHTS 11 4 UNION RESPONSIBILITY 11 4:01 No "Strikes" 11 4:02 Picket Lines 11 4:03 Union Co- operation 12 5 EMPLOYER RESPONSIBILITY 12 5:01 No "Lockouts" 12 5:02 No Discrimination 12 5:03 Job Security 12 5:03 (a) Contracting Out 12 5:03 (b) Reduction of Work Force 12 6 UNION CHECK -OFF 13 6:01 Monthly Deductions & Rand Formula 13 6:02 Insufficient Earnings 13 6:03 Acquainting New Employees 13 7 RESOLUTIONS AND REPORTS OF BOARDS 14 7:01 Employer Shall Notify Union 14 7:02 Copies of Resolutions 14 8 MUTUAL INTEREST COMMITTEE 14 8:01 Composition of Committee & Purpose 14 9 REPRESENTATION BY UNION 15 2 W ARTICLE TOPIC PAGE 9:01 Proper Authorization 15 9:02 Negotiating Committee 15 9:03 Assistance of Other Representatives 15 10 SENIORITY 16 10:01 Seniority Defined 16 10:02 Seniority List 16 11 VACANCIES, NEW POSITIONS, PROMOTIONS, &TEMPORARY ASSIGNMENTS 16 11:01 Job Postings 16 11:02 Method of Making Appointments to a Permanent Position 17 11:03 Probation Period — New Employees 18 11:04 Method of Making Appointments to Temporary Assignments18 11:05 Method of Making Appointments to Acting Assignments 19 11:06 Casual Employees 20 11:07 Performance Appraisals 21 12 GRIEVANCE PROCEDURE 21 12:01 Grievance Committee 21 12:02 Notification to Employer 22 12:03 Grievance Procedure Steps 22 12:04 Grievance Initiated at City Manager's Level 23 12:05 Replies to Grievances 23 12:06 Effective Date of Award 23 12:07 Grievance Resolution Process - Mediation 24 13 ARBITRATION 26 13:01 Time Limits and Arbitrator 26 13:02 Arbitration Hearing 26 13:03 Expense and Remuneration 26 13:04 Duty of the Board of Arbitration 27 13:05 Decision Binding on Parties 27 13:06 No Grievance Shall be Deemed Invalid 27 14 SUSPENSION OR DISCHARGE 27 3 43 ARTICLE TOPIC PAGE 14:01 Disciplinary Procedures 27 14:02 Procedure & Notification to Parties 28 14:03 Unjust Treatment & Re- instatement 28 15 HOURS OF WORK AND OVERTIME 28 15:01 Hours of Work 28 15:02 Overtime 31 15:03 On -Call Pay 32 16 JOB CLASSIFICATION AND TRANSFERS 33 16:01 Classification Schedule 33 16:02 Classification of New Positions 33 16:03 Job Transfers 33 16:04 Displaced Employees 34 17 SALARIES, INCREMENTS AND PREMIUMS 34 17:01 Salaries 34 17:02 Incremental Increases 34 17:03 Promotional and Acting Pay 34 17:04 Shift Differential 35 18 STATUTORY, DESIGNATED AND PROCLAIMED HOLIDAYS35 18:01 Paid Holidays 35 18:02 Rates of Pay for Above Holidays 35 18:03 Holidays for Shift Employees 35 18:04 Holiday on a Scheduled Day Off 36 18:05 Employees Required to Work on a Statutory Proclaimed or Designated Holiday 36 19 VACATIONS 36 19:01 Vacation Entitlement 36 19:02 Holidays During Vacations 37 20 LONG - SERVICE PAY AND RETIREMENT PAY 37 20:01 Long - Service Pay 37 20:02 Retirement Pay 38 4 E ARTICLE TOPIC PAGE 21 EMPLOYEE BENEFITS 39 21:01 Group Life Insurance 39 21:02 Medical, Health and Dental Plans 39 21:03 Sick Leave Defined 41 21:04 Sick Leave Plan Accumulation 41 21:05(a) Deduction from Sick Leave 42 21:05(b) Family Care Leave 42 21:06 Proof of Illness 42 21:07 Sick Leave During Leave of Absence and Lay -Off 42 21:08 Sick Leave and Vacation Leave 43 21:09 Sick Leave Bank 43 21:10 Back to Work Committee 43 21:11 Sick Leave Bank Allotments 44 21:12 Sick Leave Records 44 21:13 Military Leave 45 21:14 Sick Leave and Military Leave Schedule 45 21:15 Sick Leave Plan Accumulation — Casual Employees 45 22 TECHNOLOGICAL CHANGE 45 22:01 Improved Skills 45 22:02 Extensive Training Needed 46 22:03(a) Technological Change Defined 46 22:03(b) Advance Notice 46 22:03(c) Contents of Notice 46 22:03(d) Consultation 47 23 LEAVES OF ABSENCE 47 23:01 Bereavement Leave 47 23:02 Emergency Leave 48 23:03 General Leave 48 23:04 Special Leave 48 5 45 ARTICLE TOPIC PAGE 23:05 Union Business 49 23:06 Union Conventions and /or Seminars 50 23:07 Reimbursing Employer for Pay & Benefits 50 23:08(a) Maternity Leave 50 23:08(b) Parental Leave 51 23:08(c) Vacation Benefit During Maternity Leave 52 23:09 Court Duty 52 23:10 Christmas Leave 52 24 SAFETY 52 24:01 Safety Measures 52 24:01(a) Equipment Supplied and Safety Footwear Allowance 53 24:01(b) Enforcement 53 24:02 Injury on Duty 53 24:02(a) Notification 53 24:02(b) Remuneration 53 24:03 Civic Employees' Safety Committee 54 24:04 Safety 54 25 GENERAL CONDITIONS 55 25:01 Bulletin Boards 55 25:02 Instructional Courses 55 25:03 Copies of Agreement 55 25:04 Correspondence 55 25:05 Definition of Word Designate(s) 56 25:06 Benefit to City 56 25:07 Definition of Day(s) 56 25:08 Plural & Gender 56 25:09 Access to Personnel File 56 25:10 Sick Leave Plan Registration 57 26 TERM OF AGREEMENT 57 26:01 Notification to Bargain 57 6 M ARTICLE TOPIC PAGE 26:02 Changes in Agreement 57 27 Signatories 58 SCHEDULE "A" POSITION CLASSIFICATIONS BY SALARY GROUP SCHEDULE "B" SALARIES SCHEDULE "C" ADMINISTRATIVE / SUPERVISORY / PROFESSIONAL STAFF (NON- UNION) SCHEDULE "D" MEDICAL CERTIFICATION SCHEDULE "E" PAYMENT IN LIEU OF GROUP LIFE ADDENDUM 1 MOBILITY OF EMPLOYEES MEMORANDUM OF AGREEMENT No.1 MEMORANDUM OF AGREEMENT No.2 MEMORANDUM OF AGREEMENT No. 3 MEMORANDUM OF AGREEMENT No. 4 MEMORANDUM OF AGREEMENT No. 5 MEMORANDUM OF AGREEMENT No. 6 47 JOB EVALUATION PROGRAM ENTRY LEVEL POSITIONS TERMS AND CONDITIONS JOB SHARING PROGRAM OFFICIAL LANGUAGES RETURN TO WORK PROGRAM GROUP LIFE INSURANCE POLICY FOR RETIREES THIS AGREEMENT made and entered into this day of October, A.D., 2012. BY AND BETWEEN: THE CITY OF SAINT JOHN, a body corporate in the County of Saint John, in the Province of New Brunswick, hereinafter referred to as the "Employer ", of the first part, V_ \11111141M THE CANADIAN UNION OF PUBLIC EMPLOYEES, SAINT JOHN CITY HALL EMPLOYEES' LOCAL NO. 486, C.L.C., hereinafter referred to as the "Union ", of the second part. WHEREAS the parties hereto had entered into a 2008 -2011 Working Agreement (hereinafter the "2008 -2011 Working Agreement ") dated the 22nd day of July, 2008 which expired on the 31st day of December 2011; and WHEREAS prior to the expiry of the 2008 -2011 Working Agreement discussions had taken place between the the City of Saint John and the Union as a result of proposed changes to the City of Saint John Pension Act, S.N.B. 1994, c. 112, as amended; and WHEREAS the Employer and the Union discussions on revisions to the 2008 -2011 the two -year period following its expiry; and had agreed as a result of the aforesaid Working Agreement to be applicable during WHEREAS further discussions have occurred between the Employer and the Union, the results of which are reflected herein; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto, for and in consideration of these presents and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree each with the other as follows: 48 8 ARTICLE 1 INTENT AND PURPOSE OF AGREEMENT 1:01 The parties to this collective agreement are committed to working together to create a responsive, enthusiastic and respectful work environment - one dedicated to providing quality, cost - effective service; 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 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 and settled conditions of employment and the continuous and effective operation of all Departments concerned; to strive to improve the quality and efficiency of service supplied to the public; to promote the well- being, morale, safety, security, and productivity, of all employees within the bargaining unit - the parties hereto set forth the following terms and conditions relating to employment, remuneration, settlement of disputes and differences, hours of work, employee benefits and related matters affecting employees covered by this Agreement. 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 Working Agreement, of a new department of the Employer responsible for the management and operation of the Employers 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. ARTICLE 2 RECOGNITION 2:01 Sole & Exclusive Bargaining Agent 49 9 The Employer, or anyone authorized to act on its behalf, recognizes the Canadian Union of Public Employees, Local No. 486, C.U.P.E. as the sole bargaining agent for all employees of the employer engaged in clerical and technical work as outlined in the classification listing Schedule "A" attached hereto. The positions listed in Schedule "C" are management positions and are excluded from the Union bargaining unit. This Recognition article shall be subject to any certification order issued by the N.B. Industrial Relations Board, to C.U.P.E. Local No. 486 during the term of this agreement and affecting this agreement. The employer hereby consents and agrees to negotiate with the Union or any authorized committee thereof, in any and all matters affecting the relationship between the parties to this Agreement. 2:02 Placement of New Positions Clerical or technical positions created during the term of the agreement shall be mutually agreed between the parties as to whether the position created is within the bargaining unit or not. Where no agreement is reached, the Employer shall confirm such in writing to the Union and the Union will have ten (10) working days to refer the matter to the Industrial Relations Board. The Employer will not staff the said position until a ruling is received from the Industrial Relations Board or the parties agree. Failure to comply with the time limit will result in the position being designated as determined by the employer. Where it is determined to be a bargaining unit position by the parties or by the Industrial Relations Board, the parties shall negotiate the rate of pay and grouping of such position in accordance with Article 16. 50 10 2:03 Work of the Bargaining Unit Persons whose regular jobs are not in the bargaining unit shall not work on any jobs which are included in the bargaining unit, except for purposes of instruction, experimenting or in emergencies. 51 11 ARTICLE 3 MANAGEMENT RIGHTS 3:01 The Union recognizes and agrees it is the right of the Employer to operate and manage its business and direct its working forces in accordance with its business commitments and responsibilities, to hire, discharge, classify, transfer, promote, demote, discipline, suspend, or lay -off employees, and to establish and enforce reasonable rules and regulations governing the conduct of its employees. The employer agrees that these rights shall not be exercised in discriminatory manner nor in a manner which is inconsistent with the expressed provisions of this Agreement, nor that established by custom. ARTICLE 4 UNION RESPONSIBILITY 4:01 No "Strikes" The Union agrees that there shall be no strikes nor ordered stoppage of work by the Union during the term of this Agreement. 4:02 Picket Lines In the event that any other Employees of the Employer engage in a legal strike or where employees in an industrial dispute engage in a strike and maintain picket lines, the employees covered by this Agreement shall have the right to refuse to cross such picket lines. Failure to cross such a picket line by any member(s) of this Union shall not be considered a violation of this Agreement, nor shall it be grounds for disciplinary action. However, this clause shall not apply in cases of fire, flood nor hazard to life or property. 52 12 4:03 Union Co- Operation The Union agrees to co- operate with the Employer in securing punctual and regular attendance at work, and to do all in its power to eliminate tardiness or absenteeism for other than necessary reasons by employees who are members of the Union. ARTICLE 5 EMPLOYER RESPONSIBILITY 5:01 No "Lockouts" The Employer agrees there shall be no "lockout" of employees during the term of this Agreement. 5:02 No Discrimination It is agreed that there shall be no discrimination or coercion exercised or practiced with respect to any employee by reason of any ground prohibited by the Human Rights Act. 5:03 Job Security 5:03(a) Contracting Out Permanent employees shall not be laid -off nor suffer a reduction in working hours as a result of the Employer contracting out its services. 5:03(b) Reduction of Work Force Permanent employees with a continuous service date prior to August 9, 1985 shall not be laid off. 53 13 5.03(c) Severance Payment A permanent employee who is permanently layed off with no right of recall will be entitled to severance pay on the following basis: two (2) weeks of regular pay for each completed year of continuous service pro- rated, to a maximum of thirty (30) weeks. ARTICLE 6 UNION CHECK -OFF, REMITTANCES, RAND FORMULA, ETC. 6:01 Monthly Deductions & Rand Formula The Employer shall deduct from every employee covered by this Agreement who is on the active payroll, monthly dues and /or assessments determined and levied in accordance with the Union's Constitution, By -Laws and Amendments thereto, copies of which shall be supplied to the Employer. In accordance with the Rand Formula and as a condition of continued employment, the Employer shall remit to the Union Treasurer all monies deducted for each employee covered by this Agreement, irrespective of whether the employee is a Union member or not. Such membership is hereby recognized as a voluntary act on the part of the individual concerned. 6:02 Insufficient Earnings Should an employee not have sufficient earnings after mandatory deductions in respect of any month to permit such deductions, the Employer shall not be obligated to make such deductions from subsequent salary. 6:03 Acquainting New Employees The employer agrees to acquaint new employees with the fact a Union Agreement is in effect and with the conditions of employment set out in this and other Articles. 54 14 ARTICLE 7 RESOLUTIONS AND REPORTS OF BOARDS 7:01 Employer Shall Notify Union The Employer agrees that any reports or recommendations made to Common Council dealing with salaries and working conditions which affect employees within this bargaining unit, shall be communicated to the Union in time to afford the Union a reasonable opportunity to consider them and, if deemed necessary, of speaking on them when they are dealt with by the Employer. 7:02 Copies of Resolutions Copies of resolutions and by -laws or rules and regulations adopted by Common Council which affect employees represented by this Union are to be forwarded to the Union. ARTICLE 8 MUTUAL INTEREST COMMITTEE 8:01 Composition of Committee & Purpose For the efficiency of service, it is agreed by the parties that a Mutual Interest Committee be established, consisting up to six (6) representatives each from the Union and the Employer. The Committee, a forum for consultation during the life of this collective agreement, shall promote on- going dialogue on matters of concern and mutual interest, and function in accordance with the terms of reference established jointly by the parties. The Committee shall enjoy the full support of both parties in furthering the interests of improved service to the public and general welfare of the employer and employees. 55 15 ARTICLE 9 REPRESENTATION BY UNION 9:01 Proper Authorization With respect to matters arising out of this Agreement or incidental thereto, the following shall apply: 9:01(a) The Employer shall not bargain with nor enter into any Agreement with an employee nor group of employees in the bargaining unit. 9:01(b) No employee nor group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. In order that this may be carried out, the Union will supply the Employer with the names of its officers. Likewise, the Employer shall supply the Union with a list of its supervisory personnel with whom the Union may be required to transact business. 9:02 Negotiating Committee The Employer shall recognize a Negotiating Committee of not more than five (5) employees selected by the Union for the purpose of negotiating with the Employer. Matters of collective bargaining shall be handled by this Committee. 9:03 Assistance of Other Representatives The Union shall have the right at any time to have the assistance of representatives of the Canadian Union of Public Employees when dealing with the Employer. 56 16 ARTICLE 10 SENIORITY 10:01 Seniority Defined Seniority for the purpose of this agreement shall be defined as the length of continuous service with the Employer or with the Board of Police Commissioners for the City of Saint John in accordance with Addendum 1 attached which shall form part of this agreement. 10:02 Seniority List The Employer agrees to furnish a seniority list of all employees covered by this Agreement, with their Job Classifications during the first month after signing of this Agreement. The Employer shall furnish updates to this list including additions, deletions, and changes on a timely basis as required. ARTICLE 11 VACANCIES, NEW POSITIONS, PROMOTIONS ACTING ASSIGNMENTS AND TEMPORARY ASSIGNMENTS 11:01 Job Postings When a vacancy occurs, a new position is created or promotions are being considered either within the bargaining unit or outside, the Employer shall notify the Union in writing and post notice of the position in the Employer's offices, locker rooms, shops and on all bulletin boards. Such notice shall contain the following information: Nature of position, required knowledge, education, ability, skills and salary group. 57 17 Time limits for job posting shall be as follows: 11:01(a) All vacancies shall be posted within twenty -five (25) working days following the vacancy arising. 11:01(b) Closing date for all job postings shall be fifteen (15) days following the date of posting. 11:02 Method of Making Appointments to a Permanent Position 11:02(a) Both parties recognize that job opportunity should increase in proportion to length of service. Therefore, in filling vacant and new positions, appointment shall be made of the applicant having the required ability and qualifications who is senior in service. Applications will be accepted from employees within the same position classification as detailed in Schedule A. Appointments from within the bargaining unit shall be made within thirty (30) calendar days from the closing date of job postings and salary increases shall be effective as of date of appointment. Notification of appointment is to be made in writing to the successful applicant. The successful applicant shall be placed on a trial period for a period up to six (6) months. In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period, they shall be so informed in writing of the reasons by their Department Head and be returned to their former position and rate of salary for that position. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to their former position and rate of salary. When Department Heads are considering promotions, a Union representative, selected by the Union, shall be notified to attend. 11:02(b) An employee appointed to a permanent position shall have up to fifteen (15) days to revert to their former position. A written notification of the employee's intention to revert to their former position must be received by the Manager of Human Resources within the above fifteen (15) day time limit. No consideration will be given to such a request after this specified period. The fifteen (15) days will begin from the time the employee actually is placed in the position. 58 18 11:03 Probation Period — New Employees Newly hired employees for a permanent appointment to an established position shall be considered on a probationary basis for a period of up to six (6) months from the date of hiring. During the probation period, employees shall be entitled to all rights and privileges of this Agreement. 11:04 Method of Making Appointment to Temporary Assignments a. Temporary assignments are used to augment the establishment. A temporary assignment is utilized to fill a temporary position that is not included in the establishment The term of all temporary assignments will be included in the posting. Applications will be accepted from employees within the same position classification as detailed in Schedule A. b. Temporary Assignments of two months or less in length shall be filled by the senior qualified employee within the department or by a casual employee. With respect to this provision only, the required education as defined in the job description shall not be a determining factor. c. Temporary assignments of two to four months in length shall be offered to the senior qualified employee within the department. If not filled within the department, the City will issue an expression of interest, for a period of two days, throughout the organization for the temporary assignment. This position shall be awarded to the senior qualified employee. Any further vacancies as a result of the temporary assignment may be filled with a casual employee. d. Temporary assignments of four to six months shall be posted for a period of seven days throughout the organization. The senior qualified applicant shall be awarded the assignment. The resultant vacancy shall be offered to the senior qualified employee within the department. If not filled within the department, the City will issue an expression of interest, for a period of two days, throughout the organization for the temporary assignment. This position shall be awarded to the senior qualified employee. Any further 59 19 vacancies as a result of the temporary assignment may be filled with a casual employee. e. Temporary assignments of six months or longer are subject to mutual agreement between the Union and the Employer. f. The term of a temporary assignment may be extended by mutual agreement of the Union and the Employer. g. An employee can be removed from a temporary assignment and returned to their former position if found to be unsatisfactory by their Manager or Department Head. If such action is taken within six (6) months of the original posting for the assignment, the Department Head shall have the sole discretion in assigning the next senior qualified applicant to the job. In all other cases the assignment shall be re- posted. 11:05 Method of Making Appointments to Acting Assignments a. An acting assignment is utilized to fill a temporary vacancy in a position that is included in the establishment. The term of all acting assignments will be included in the posting. Applications will be accepted from employees within the same position classification as detailed in Schedule A. b. Vacancies of two months or less in length shall be filled by the senior qualified employee within the department or by a casual employee. With respect to this provision only, the required education as defined in the job description shall not be a determining factor. c. Acting assignments of two to four months in length shall be offered to the senior qualified employee within the department. If not filled within the department, the City will issue an expression of interest, for a period of two days, throughout the organization for the acting assignment. This position shall be awarded to the senior qualified employee. Any further vacancies as a result of the acting assignment may be filled with a casual employee. d. Acting assignments of four to twelve months shall be posted for a period of seven days throughout the organization. The senior qualified applicant shal 60 20 be awarded the assignment. The resultant vacancy shall be offered to the senior qualified employee within the department. If not filled within the department, the City will issue an expression of interest, for a period of two days, throughout the organization for the acting assignment. This position shall be awarded to the senior qualified employee. Any further vacancies as a result of the acting assignment may be filled with a casual employee. e. Acting assignments of twelve months or longer in length are subject to mutual agreement between the Union and the Employer. f. The term of an acting assignment may be extended by mutual agreement of the Union and the Employer. g. An employee can be removed from an acting assignment and returned to their former position if found to be unsatisfactory by their Manager or Department Head. If such action is taken within six (6) months of the original posting for the assignment, the Department Head shall have the sole discretion in assigning the next senior qualified applicant to the job. In all other cases the assignment shall be re- posted. 11:06 Casual Employees 11:06(a) Casual employees shall not be subject to the terms of this agreement except for Article 6 - Union Dues, Article 21:15 Sick Leave Plan Accumulation — Casual Employees and Schedule "B" - Salary Table. 11:06(b) 1. Casual employee may be employed in any temporary or acting assignment for which a permanent employee was not appointed as a result of the selection procedures outlined in Article 11:04 and 11.05. 2. Should the term of a temporary or an acting assignment be extended by mutual agreement of the Union and the Employer as per 11:04 (f) and 11.05 (f), the casual employee's assignment will be automatically extended for the same period. 61 21 3. Casual employees hired in a group 3 position shall be paid at a group 1 level. 11:07 Performance Appraisals 1. On January 01, 2009, the Employer, in consultation with the Union, will implement a performance appraisal system that provides a framework for positive and constructive communications between an employee and their supervisor regarding the employee's job performance. 2. The performance appraisal system will recognize the following essential elements: Communication between employee and supervisor should be two way and ongoing; Employees need to know what is expected of them in their jobs; Employees should receive positive feedback for their contributions and work; Support should be available to employees in their efforts to develop and improve. 3. The content and the purpose of the performance appraisal shall not affect the employee's promotional opportunities or salary. ARTICLE 12 GRIEVANCE PROCEDURE 12:01 Grievance Committee In order to provide an orderly procedure for the settlement of grievances, the Employer acknowledges the right of the Union to appoint or otherwise select, a Grievance Committee whose duties shall be to assist any employee in preparing and presenting a grievance in accordance with the grievance procedure. 62 22 12:02 Notification to Employer The Union shall notify the Employer in writing of the names of each member of the Grievance Committee. 12:03 Grievance Procedure Steps Where a difference arises between the Employer and an employee or the Union concerning the meaning or violation of this Agreement, an effort shall be made to settle the dispute in the following manner: STEP 1: The aggrieved employee(s) shall submit the grievance to the Grievance Committee. STEP 2: If the Grievance Committee considers the grievance to be justified, the employee(s) concerned, together with a Union Representative, shall first seek to settle the dispute with the Manager concerned within twenty -one (21) days after the employee becomes or should have become aware of the matter which is the cause of the grievance. STEP 3: Failing satisfactory settlement within seven (7) days after the dispute was submitted under Step 2, the Chief Steward, along with the employee's(') Union Representative may meet and discuss the grievance with the City Manager or designate. 63 23 STEP 4: (i) Failing satisfactory settlement within ten (10) days after the dispute was submitted under Step 3, the Union may, subject to the provisions of (ii) hereof, make application to Common Council in writing, stating the grievance concerned and requesting a hearing before Common Council. A hearing shall be granted at the next regular meeting of Common Council following the presentation of the application. (ii) Common Council may designate one or more members of Council as a Grievance Board for the purpose of receiving applications for a hearing, conducting hearings and disposing of grievances at this step. Where a Grievance Board has been designated, it shall conduct a hearing within ten (10) days of a request thereof. 12:04 Grievance Initiated at City Manager's Level Where a dispute involving a question of general application, administration or interpretation occurs, or where the Union has a grievance, steps 1 and 2 of this Article may be by- passed. This type of grievance is to be processed by the Executive of the Union. 12:05 Replies to Grievances Replies to grievances shall be in writing at all stages. 12:06 Effective Date of Award Any award made as a result of the settlement of a grievance or any arbitration shall be made effective as of the date the inequity or the facts of the grievance first arose. 64 24 12:07 Grievance Resolution Process — Mediation 12:07(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. 12:07(b) The grievance mediation process shall be confidential, voluntary, informal and conducted by mediators trained in the principles of interest -based negotiation /problem - solving. The appointment of the mediator shall be made by the designated representatives of the parties, except when requesting the services of a mediator from the Department of Advanced Education & Labour. 12:07(c) Where the parties are interested in using the mediation process, the parties agree to the following: 12:07(c) (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. 12:07(c) (ii) Grievances will only be referred to mediation if both parties agree. 12:07(c) (iii) The person or persons (office or offices) with authority to refer a grievance to mediation will be designated by the parties. 65 25 12:07(c)(iv)(a) The representatives attending mediation sessions will have the authority to settle the grievance provided the settlement does not operate as an amendment to the Collective Agreement. 12:07(c)(iv)(b) Representative from each party will take training in the process and procedure of grievance mediation before they participate in the grievance mediation process. 12:07(c)(v)(a) When both parties agree to mediate a grievance, the Agreement to Mediate will be completed. 12:07(c)(v)(b) The mediator will be chosen from a list of suitable individuals agreed to by the parties on a rotating basis or will be appointed by the Department of Advanced Education and Labour. A Mediator Appointment Agreement, which outlines certain stipulations about which the mediator and the parties need to be aware, will be entered into. 12:07(c)(vi) There shall be no loss of wages and benefits for participation in the grievance mediation process. 12:07(c)(vii)(a) If an Agreement to Mediate is signed by both parties, the period of time from the date it is completed by the parties until (1) one party revokes, in writing, the reference to mediate, or (2) the mediation ends (whether successfully or not), is to be excluded from the computation time under the steps of the grievance mediation process. 12:07(c)(vii)(b) A mediation ends in accordance with the provisions specified in the Mediator Appointment Agreement. 12:07(c)(viii)(a) If the mediation resolves the grievance, the Mediator will provide the parties with a report outlining the settlement. 12:07(c)(viii)(b) If the mediation does not resolve a grievance, either party is free to start proceedings or to continue proceedings to resolve the grievance. 66 26 12:07(c)(ix) The time limits set forth may be extended by mutual consent of the parties. ARTICLE 13 ARBITRATION 13:01 Time Limits of Arbitrator If a satisfactory solution is not found by the parties concerned within a period of seventeen (17) days from the date of the hearing with Common Council or Grievance Board, either party may, by written request to the other party, require the matter to be referred to an Arbitrator. A sole arbitrator shall be selected by the parties from the Municipal Sector Register of Arbitrators or otherwise mutually agreed upon. If the parties cannot mutually agree on an arbitrator within ten (10) days, then an arbitrator will be appointed for them by the Minister of Advanced Education & Labour using the arbitrators included on the Register. 13:02 Arbitration Hearing A hearing shall commence within fifteen (15) days of the Arbitrator being appointed, and shall continue in such manner that the arbitrator shall make an award in writing not later than one (1) month after the entering upon the reference. The decision of the Arbitrator shall be final and binding upon the parties to this Agreement. However, the Arbitrator shall not have the power to alter, modify nor amend this Agreement in any respect. 13:03 Expense and Remuneration The expenses and remuneration of the Arbitrator and secretarial services shall be borne in equal shares by the Employer and the Union. 67 27 13:04 Duty of the Board of Arbitration It shall be the duty of the Arbitrator to hear all parties concerned and to determine the matters referred to it. Upon determination of the matter, the Arbitrator shall make such order which will provide for final settlement of the matter and make such order that will restore the aggrieved party, the Union or the Employer to its rightful, just and equitable position. 13:05 Decision Binding on Parties Every party to and every party bound by the Agreement and every person on whose behalf the Agreement was entered into shall comply with the provision for final settlement and give effect thereto. 13:06 No Grievance Shall be Deemed Invalid No grievance under this Agreement shall be deemed invalid by reason of any defect in form or any technical irregularity. ARTICLE 14 SUSPENSION OR DISCHARGE 14:01 Disciplinary Procedure Should the Employer become aware of employee conduct that would require an Investigation, the employer will conclude that investigation within thirty (30) working days of the date the employer became aware of the conduct. The employee must attend the investigation meeting in order to respond to the allegations of the employer. However, if the employee is not able to attend the investigation, the above time limit will be extended until the employee is able to attend. 68 28 14:02 Procedure & Notification to Parties A permanent employee may be dismissed only for just cause and only upon the authority of the City Manager. A Department Head may suspend an employee, but shall immediately report such action to the City Manager. When an employee is suspended or dismissed, they shall be given the reason(s) in the presence of their Union Representative. The employee and the Union, through its Chief Steward, shall be advised promptly by the Department Head, in writing, of the reason(s) for the suspension or dismissal. 14:03 Unjust Treatment & Re- Instatement Should it be found upon investigation that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated to their former position, without loss of seniority rating, and shall be compensated for all time lost in an amount equal to their normal earnings during the pay period next preceding such suspension or discharge, or by other arrangement as to compensation which is just and equitable. ARTICLE 15 HOURS OF WORK AND OVERTIME 15:01 Hours of Work 15:01(a) Employees covered by this agreement will work a maximum of 1820 regular hours in a calendar year. Employees will receive payment for regular hours on the basis of thirty -five (35) hours per week, fifty -two (52) weeks per year. 15:01(b) The workweek will be Monday to Friday with hours of work being scheduled between 7:00 am and 7:00 pm. For all employees the maximum hours worked on a scheduled shift is ten and one half (10.5). Schedules will be provided and a minimum of two weeks' notice shall be given for a change in the schedule. The minimum notice may be less than two weeks if mutually agreed between the manager and the employee(s) affected by the change. 69 29 15:01(c) The parties recognize the need to provide quality and timely service. An integral part of this is the flexibility to have employees at work when they are needed most. The workweek should allow for adaptation to address peak work periods. Where the efficient and effective delivery of service requires a work week beyond the timeframes noted in Article 15:01(b) schedules can be modified with mutual agreement between the Union and the Employer. In revising schedules the following conditions shall apply: 1. Employees will be eligible for two consecutive days off over a consecutive seven -day period, unless mutually agreed between the employee and manager. 2. Employees may be scheduled to work on Saturday or Sunday but not both. 3. Notice of change in schedules will be provided in accordance with the provisions of Article 15:01(b). 15:01(d) A lunch break of a minimum of 30 minutes to a maximum of 60 minutes shal be scheduled at approximately mid - shift. If an employee is required to work through the lunch break they shall be entitled to compensation at the applicable overtime rate. 15:01 (e) The employer and the union may mutually agree to create Alternate Hours of Work for permanent employees occupying a full time position and newly created permanent positions, subject to the following conditions: 1. Newly created permanent part time positions will be posted and included in that posting will be the annual number of hours worked; 70 30 2. The employer and the employee are bound to the hours established and cannot make changes unless mutually agreed; 3. A permanent full time employee and the manager may agree to reduce the number of hours worked in the calendar year (i.e., less than 1820) for a defined period of time; 4. Scheduled hours of work may be adjusted in accordance with Article 15; 5. If mutual agreement is not obtained and the efficient and effective delivery of service requires hours of work beyond the timeframes noted above, then the hours of work can be modified with mutual agreement between the Union and the Employer; 6. Employees pay will be calculated for regular hours on the basis of their annual number of regular hours averaged over fifty -two (52) weeks per year; 7. Overtime will be paid for all hours worked in addition to the regular scheduled hours in accordance with Article 15; 8. Permanent part -time positions will be evaluated as full time positions in the job evaluation structure; 9. Incremental increases will be applied as outlined in the collective agreement; 10. Leave entitlements are as per the collective agreement and will be prorated, based on regular annual hours; and, 11. Employees are entitled to Group Life Insurance and Medical, Health and Dental benefits are as per collective agreement and Pension Benefits as defined in the act. 71 31 15:02 Overtime 15:02(a) Overtime shall be paid at one and one half (1 1/2) times the regular rate on the first and fourth regular day off and two (2) times the regular rate on the second and third regular day off. 15:02(b) If detained more than thirty minutes at the end of a working day, overtime worked shall be calculated from the end of the regular work day and shall be paid for at the rate of one and one half (1 1/2) times the regular rate of pay. 15:02(c) If called back to work after proceeding home, time worked shall be calculated from the time of reporting to work to the termination of work, with a minimum of three hours. Overtime shall be paid at the prevailing rate of pay. 15:02(d) Overtime shall be authorized by the appropriate Manager prior to commencement, if possible. 15:02(e) Overtime leave at the same overtime rate may be taken in lieu of payment for overtime by mutual agreement of the employee and employer, provided that the request for such leave is in writing. 15:02(f) Should an employee work the required 1820 regular hours and agrees to be scheduled to work additional hours they shall be paid at time and one -half for these hours and the provisions of Article 15:02 (a) shall apply. 15:02 (g) Overtime Meal Allowance 1. An employee required to work overtime immediately following their regular shift for a minimum of one (1) hour or more shall be supplied with a meal or a meal allowance of a value established annually by the Mutual Interest Committee. An additional meal or meal allowance shall be provided every five (5) hours thereafter. 2. Any employee required to work overtime before their regular shift shall be provided with a meal or meal allowance upon completion of every 72 32 five (5) hours overtime worked. 3. Any employee required to work overtime immediately prior to their regular shift for a minimum of one (1) hour shall be supplied with a meal or meal allowance where possible within one (1) hour of the commencement of their regular shift. 4. An employee called in on a non - regular working day shall receive a meal or meal allowance as above; however, this article does not apply to an employee scheduled to work overtime on a non - regular working day, unless they work more than seven (7) hours. Where the overtime is scheduled on a non - regular working day, a regular unpaid meal break of thirty (30) minutes or one (1) hour will be provided within one hour of mid- shift. It is understood that in emergency situations that cause a direct hazard to life or property, the meal or meal allowance will be supplied at the earliest opportunity possible. 15:03 On -Call Pay When an employee is required to be on -call, that is, immediately available by direct telephone /pager contact, he /she shall be paid 7 hours pay at the regular rate or receive 7 hours compensatory time off for each week on -call. The appropriate manager will determine whether the employee will receive pay or time off. In the event the employee is required to report to work the call in provisions detailed in article 15:02 (c) shall apply. In cases where the employee can resolve the matter without reporting to work the employee will be compensated on an hourly basis at the prevailing rate of pay. The minimum pay shall be one (1) hour for up to two calls on unrelated incidents within any sixty (60) minute period. 73 33 ARTICLE 16 JOB CLASSIFICATION AND TRANSFERS 16:01 Classification Schedule For purposes of salary administration the positions covered by this agreement shall be assigned to one of nine salary groups as detailed in Schedule "A ". 16:02 Classification of New Positions The Employer agrees to meet with the Union for the purpose of discussing the classification of any bargaining unit position that is not included in Schedule "A" of the Working Agreement. The Employer shall provide a job description for the position. After meeting with the Union, the Employer will allow ten (10) days for further discussion with the Union before the new position is posted or advertised. The grouping for the position shall be subject to discussion between the Employer and the Union. If the parties are unable to agree on the grouping for the position in question, such dispute shall be submitted to grievance and arbitration. The applicable salary once determined shall become retroactive to the time the new position was first filled by an employee. 16:03 Job Transfers The employer shall have the right to transfer employees within the same position classification as detailed in Schedule A. Employees must occupy their current position for a period of twelve (12) months prior to being transferred to or applying for the same position classification as detailed in Schedule A. 74 34 16:04 Displaced Employees Should an employee be displaced for any reason the employee will be transferred to the first available position of equivalent or lower grouping, provided the employee is qualified for the position. The employee will not suffer a reduction in pay. If a position is not available the employer will assign duties which provide the City value and respects the integrity of the employee. ARTICLE 17 SALARIES, INCREMENTS AND PREMIUMS 17:01 Salaries See attached Schedule "B" which shall form part of this agreement. 17:02 Incremental Increases An employee shall be entitled to increments as follows: (a) 1/2 after six months of appointment. (b) an additional 1/2 on the first anniversary of appointment. (c) on the second anniversary, the maximum for the position. 17:03 Promotional and Acting Pay If a permanent employee substitutes in or is promoted to a position of higher classification and performs the duties of a higher classification as determined by the Department Head, they shall receive either the minimum rate of the higher group or the rate of a one year increment in their own group added to their normal rate of pay, whichever is greater. Acting Pay shall only be applicable when duties of the higher classification are performed for a minimum of half of a scheduled shift. Should an employee 75 35 17:04 perform the duties of that higher classification for a period of six months they shall be entitled to an increment at the applicable rate. Shift Differential An employee shall receive a shift differential premium of $1.00 for each hour on the scheduled shift if any of the regular scheduled hours fall between 8:00 p.m. and 6:00 a.m. ARTICLE 18 STATUTORY, DESIGNATED AND PROCLAIMED HOLIDAYS 18:01 18:02 Paid Holidays The Employer recognizes the following as paid Holidays: New Year's Day Good Friday Easter Monday Victoria Day New Brunswick Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day Canada Day, and any other day proclaimed by the Federal, Provincial or Municipal Governments as a holiday. Rates of Pay for Above Holidays The above holidays shall be paid to all employees at their current regular rates of pay. 18:03 Holidays for Shift Employees 76 36 For shift work employees, holidays will be deemed to commence at the start of the night shift on the day preceding the holiday and end at the end of the day shift on the holiday. Where applicable due to shift schedules Easter Sunday will be recognized as the holiday in place of Easter Monday. Easter Monday will be considered a regular workday. 18:04 Holiday on a Scheduled Day Off When any of the above -noted holidays falls on an employee's scheduled day off, an employee shall, at the discretion of the appropriate Manager, receive seven (7) hours' pay or an equivalent amount of time off in lieu. 18:05 Employees Required to Work on a Statutory Proclaimed or Designated Holiday When employees are required to work on a statutory, designated or proclaimed holiday, they shall be paid for the holiday as per Article 18:02 as well as double time for all hours worked with a minimum of 4 hours as "call back" or at the discretion of the appropriate manager be given compensatory time off on the same hourly basis. ARTICLE 19 VACATIONS 19:01 Vacation Entitlement An employee who has completed one (1) year of continuous service beyond the end of the period, for which they have been paid under the terms of the "Vacation Pay Act ", shall be granted seventy (70) hours' vacation with pay. Other vacation entitlements shall be as follows: Upon completion of: a) 2 years' continuous service — 105 hours b) 7 years' continuous service — 140 hours c) 12 years' continuous service — 175 hours d) 20 years' continuous service — 210 hours 77 37 e) 25 years' continuous service — 245 hours A shift shall equal seven (7) hours for purposes of vacation selection. The number of employees on vacation at any one time shall be limited to a reasonable number at the discretion of the Manager concerned so as not to curtail or interfere with the operating efficiency of the Department. Each employee who has completed one year of continuous service shall be entitled to fourteen (14) hours as a floating holiday each calendar year. All floating holidays shall be taken at a mutually agreed time, each calendar year. 19:02 Holidays During Vacations If a statutory, designated or proclaimed holiday falls or is observed during an employee's vacation period, they shall be granted an additional day's vacation for each such holiday in addition to their regular vacation time. ARTICLE 20 LONG - SERVICE PAY AND RETIREMENT PAY 20:01 Long Service Pay In recognition of the principle that an employee's knowledge and experience increase with length of continuous service, the Employer agrees to pay service pay to permanent employees employed on or before July 7, 1992 once a year by the following formula: Commencement of 4th year & including 7th year = 1 % of gross annual earnings Commencement of 8th year & including 11th year = 1.5% of gross annual earnings Commencement of 12th year & including 15th year = 78 38 2% of gross annual earnings Commencement of 16th year & including 19th year = 2.5% of gross annual earnings Commencement of 20th year & beyond = 3% of gross annual earnings Long - Service Pay shall be paid in December of each year to employees who qualify and are on strength on November 1st and shall not be related to the number of days worked since the qualifying date. On retirement or severance, an employee shall be entitled to long- service pay calculated from January 1st to the date of departure. In case of death the service pay shall be paid to the employee's dependants or beneficiary. Employees covered by this Agreement, hired after July 7, 1992, will not be eligible for Long - Service Pay, now or in the future. 20:02 Retirement Pay The Employer agrees to pay each permanent and established employee upon retirement, one (1) month's pay for every five (5) years' service or fraction thereof to a maximum of six (6) months' pay. Retirement pay shall be paid at the same rate as paid for regular time in the employee's permanent classification for the employee's last working period. Such payment shall be made in lump sum upon retirement and shall not be subject to deductions for Group Life Insurance nor City Pension. This benefit shall not apply when an employee resigns from the service nor is dismissed for cause. To qualify the employee must have a minimum of five (5) years' continuous service, with the Employer as of the date of retirement. In case of death of an employee on the active payroll, with five (5) or more years' continuous service, payment shall be made to the employee's dependents or beneficiary. 79 39 An employee may, after July 1 st, 1995, opt out of future eligibility for retirement pay. The employee may request in writing a one - time -only payment in lieu of retirement pay. Such payment shall be in an amount as defined above, based on the date the request is made. To qualify the employee must have a minimum of five (5) years' continuous service. Upon such payment the employee would waive all entitlement to further retirement pay. ARTICLE 21 EMPLOYEE BENEFITS 21:01 Group Life Insurance The Employer agrees to pay 75% of the premium for a Group Life Insurance and Accidental Death and Dismemberment Plan for permanent employees with the employee paying the remaining 25 %. 21:02 Medical, Health and Dental Plans The Employer agrees to contribute 75% and the Employee agrees to contribute 25% of the cost of monthly premiums for single coverage and for family coverage, as applicable, for the present employees' health coverage. It is understood and agreed that such benefit shall extend to permanent employees only. Any employee who is not a participant shall not be entitled to a cash payment in lieu of the Employer's contribution to the premium. The Employer agrees to contribute 75% and the Employee agrees to contribute 25% of the cost of monthly premiums for the present dental plan coverage for all permanent employees. Any employee who is not a participant shall not be entitled to a cash payment in lieu of the Employer's contribution to the premium. The parties recognize the need to continue to work together to control the cost of medical, health and dental plans- by overseeing the plans and 80 40 making mutually agreed changes that, from time to time, are deemed appropriate. The City shall provide ninety (90) days notice in writing to the Union of any proposed increase in employee contributions for the recovery associated with these plans. Prior to the expiry of the notice period the parties agree to identify medical, health and dental plan options and to make changes to the plans and /or carrier(s). In the event that appropriate changes cannot be agreed upon, the Union agrees to implement necessary changes to limit total costs to available premium revenue within sixty (60) days of any notice of premium increase by the carrier(s), including benefit levels, or any other agreed changes as required to limit the total cost impact on current members of the plans. The City agrees to assist the Union by implementing the administrative and /or design changes necessary to ensure the employee and employer contributions meet the full cost of the program. In the event that appropriate changes cannot be agreed upon or are not of sufficient nature to reduce costs to within current contribution levels than the employer shall increase employee contributions as detailed in the written notice adjusted where applicable by the projected cost reductions associated with any agreed upon plan changes. For clarification and continuity, it is understood that the plan design and benefits that exist under the terms of the collective agreement expiring on December 31, 1998 shall continue subject to the above. All employee benefit plans outlined herein shall be fully negotiable and not changed without mutual consent. The Union is liable for 100% of the accumulated plan deficit up to January 01, 2008, the cost of which will be added to the employee premium contributions. Participation in the plan is mandatory and is a condition of employment for all employees hired after December 31, 2007. Effective January 1, 2009 current employees not participating in the full or a portion of the plan will no longer be eligible to participate in the plan now or in the future, except in the case of the death of the employee's spouse. 81 41 Current employees presently not participating in the plan will be eligible to enter the plan provided they register no later than December 31, 2008. Annually, the Employer shall provide each permanent employee with a detailed employee benefit statement outlining all benefits and plans in the Collective Agreement. In the case of absence for illness or disability, the Employer's contribution will be paid to the Group Life Insurance Plan, Pension Plan and the Health and Dental Plan where applicable. This Article shall only apply to those employees who qualify under this Article. The health and dental benefits shall continue to all retirees at the group rates. Premiums for these benefits are to be paid fully by all retirees and will be deducted from their pension cheque. 21:03 Sick Leave Defined Sick Leave means the period of time an employee is absent from work by virtue of being sick or disabled, or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the Workers' Compensation Act. For routine examinations by physicians, chiropractors, or dentists, or routine visits unless as a result of a previous illness every employee shall be entitled to up to10.5 hours per year not to be deducted from sick leave benefits. 21:04 Sick Leave Plan Accumulation Every employee shall accumulate sick leave at the rate of 10.5 hours per month worked up to an accumulated total of 1400 hours. 82 42 21:05(a) Deduction from Sick Leave A deduction shall be made from accumulated sick leave of all normal working hours exclusive of holidays absent for sick leave. Sick leave shall be paid at the employee's rate of pay in effect on the first day of sickness. 21:05(b) Family Care Leave An employee may utilize up to thirty five (35) hours 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 23:01(b). Employees may be required to certify the absence. 21:06 Proof of Illness An employee may be required to certify an illness or may be required to produce a certificate from a medical practitioner for any illness in excess of two (2) working shifts, certifying that they are unable to carry out their duties due to illness or due to exposure to a contagious disease. Employees with more than four (4) one or two - shifts uncertified sick leaves in any calendar year may be required to produce a medical certificate from a doctor for all future absences on sick leave which occur within a calendar year. Any costs incurred in providing the medical certificate will be paid by the Employer. 21:07 Sick Leave During Leave of Absence and Lay -Off When an employee is laid off on account of lack of work or is granted an approved leave of absence, the employee shall not receive sick leave credits for the period of such absence but shall retain their cumulative credit, if any, existing at the time of such layoff or leave of absence. These credits, if any, may only be used by the employee after they return to active 83 43 duty. In the event the layoff period is longer than six (6) months, the credits do not apply. 21:08 Sick Leave and Vacation Leave If an employee is on sick leave he /she shall not be entitled to any vacation benefits in the second or succeeding year of illness. If such employee returns to active service, vacation benefits in that year shall be pro -rated from the date of return to active service. 21:09 Sick Leave Bank Sick Leave credits shall be accumulated in a Sick Leave Bank for the benefit of employees covered by this agreement. The sick leave credits will be replenished by members of Local 486 as determined by the Union. A four member Sick Leave Bank Committee shall be established to administer the allotment of sick leave credits from the Sick Leave Bank. The Committee of Local Union 486, C.U.P.E. and the City shall consist of two representatives from the Union and two from the City. Any disputes in regard to the administration of the sick leave plan as defined herein shall be submitted to arbitration as per Article 13. 21:10 Back to Work Committee A Back To Work Committee shall be established to ensure that every effort is made to encourage and support the return to work of those employees on sick leave. The committee shall be comprised of members of Management, the Union and Human Resources. Those employees on long term sick leave will undergo an independent medical assessment every 6 months. 84 44 21:11 Sick Leave Bank Allotments Applications for an allotment from the Sick Leave Bank may be made by an employee, who has exhausted their own sick leave credits. Only employees with more than one year's continuous service shall be eligible for an allotment from the Sick Leave Bank. In the event an employee becomes totally disabled, as signified by a medical certificate, they shall be referred to the Pension Board. In the event an employee is absent for 120 working days in a 12 month period they shall be assessed by a medical doctor and shall provide medical documentation in a standard form as detailed in Schedule "D ". Such employees may be granted sick leave from the Bank upon the approval of the Union Sick Leave Bank Committee and the City upon production of the appropriate medical certification. Employees shall not accumulate vacation credits while being granted sick leave credits from the bank. The accumulated total maximum allotment granted to an employee from the bank during their tenure of employment with the City of Saint John will not exceed 3640 hours. Allotment of Sick Leave from the Bank shall be at a daily rate equal to the employee's daily rate while on their own accumulated sick leave. Under no circumstances shall there be any pyramiding of benefits. 21:12 Sick Leave Records As soon as possible after the close of each calendar year, the employer shall advise the Sick Leave Bank in writing of the amount of Sick Leave accrued to each employee's credit and to the Bank. 85 45 21:13 Military Leave 21:13(a) Any employee who qualifies for acceptance by the CAF (Reserves) shall be entitled to time off with full pay and benefits up to a maximum of 14 consecutive calendar days per annum for Reserve Training. This training time shall be in addition to holidays contained in this Collective Agreement. 21:13(b) Wages received for such approved Reserved Training shall be reported to the Employer and the employee shall have the option to choose the higher wage between the City and the Department of National Defense. 21:14 Sick Leave and Military Leave Schedule The Sick Leave Plan and Military Leave shall apply to all employees within the bargaining unit. 21:15 Sick Leave Plan Accumulation - Casual Employees Once employed for ninety (90) calendar days, every casual employee shall accumulate sick leave at the rate of 10.5 hours per month worked. However those employees working less then regular full time hours will have their sick leave accumulation prorated based on the hours worked. In the event of a twelve (12) month break in service accumulated sick leave will be eliminated. ARTICLE 22 TECHNOLOGICAL CHANGE 22:01 Improved Skills In the event that the Employer should introduce methods or machines which require new or greater skills than are possessed by employees under the present methods of operation, such employees shall at the expense of the Employer, be given a period not exceeding one (1) year during which to perfect or acquire the skills necessitated by the new methods of operation or 86 46 be transferred to another position. There shall be no change in the salary of any such employee during the training period other than their normal increment and no reduction in pay upon being reclassified in the new position or transferred to a position of less pay. 22:02 Extensive Training Needed Should the introduction of new methods of operation create a need for the perfection or acquisition of skills requiring a training period longer than one (1) year, the additional training time shall be the subject of discussion between the Employer and the Union. 22:03(a) Technological Change Defined Technological change means: 22:03(a)(i) The introduction of equipment or material of a different nature and kind from that previously utilized by the Employer; and 22:03(a)(ii) A change in the Employer's method of operation that is directly related to the introduction of said equipment or material. 22:03(b) Advance Notice 22:03(c) 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. Contents of Notice The notice shall be conveyed in writing and shall contain appropriate information including: 87 47 (i) the nature of the change; (ii) the date on which the Employer proposes to effect the change; (iii) the approximate number, type and location of employees likely to be affected by the change; and (iv) the effects the change may be expected to have on employees' working conditions and terms of employment. 22:03(d) Consultation During the ninety (90) day notification period contained in Article 22:03(b), the Employer and the Union shall meet in an attempt to minimize any adverse effects the technological change may be expected to have on employees working conditions and /or terms of employment. ARTICLE 23 LEAVES OF ABSENCE 23:01 Bereavement Leave 23:01(a) For purposes of clarification, bereavement leave shall be defined as an approved leave of absence from work for a specified period without loss of pay, seniority or other benefits for the purpose of making funeral arrangements and /or attending the funeral of a deceased member of the employee's immediate family. Additional time may be provided in each of circumstances noted below, at the discretion of the Department Head. 23:01(b) In the event of the death of an employee's father, mother, spouse, son, daughter, brother, sister, father -in -law, mother -in -law or legal guardian up to a maximum of three consecutive shifts shall be granted, one of which shifts shall be on the day of the funeral and to the extent that any or all of these are scheduled shifts. In the event of the death of an employee's grandparents, sister -in -law, brother -in -law, or child of a brother or sister, an employee shall be entitled to two shifts off with pay. 88 48 23:01(c) In the event of death of any member of the bargaining unit, the President or an appointee and one other member of the Union shall be granted paid leave of one shift for the purpose of attending the funeral and to pay last respects to the deceased. 23:01(d) One full shift of leave shall be granted without loss of salary or wages to attend a funeral as an active pallbearer. 23:02 Emergency Leave An employee may be granted up to five (5) shifts off without loss of pay, in the event they are left homeless due to fire, flood, or any act of God, subject to the approval of the Manager concerned. 23:03 General Leave Once, every five (5) years, the Employer shall grant leave of absence without pay and without loss of seniority to a maximum of twelve (12) months to any employee requesting such leave for good and sufficient cause. The employer may grant additional absences. Such requests shall be made in writing by the employee and submitted to the appropriate Manager. If the Manager refuses to grant such leave of absence, the employee may appeal such decision to the City Manager. Upon approval by the City Manager, such leave of absence shall be granted. 23:04 Special Leave 23:04(a) Up to five (5) weeks unpaid leave of absence shall be granted at the employee's request once every four (4) years, providing the employee has completed at least four (4) years' continuous service to earn entitlement. Such special leave shall be taken at a mutually agreed upon time. Such request shall be made in writing by the employee to the department head not later than two (2) months prior to commencement of the leave. 89 49 23:04(b) Time off with pay shall be granted for the following: Employee's Marriage - one (1) shift Birth of Child - one (1) shift Adoption of Child - one (1) shift 23:04(c) Self Funded Leave The City recognizes the potential of self- funded leave to help achieve employee and organizational goals. The purpose of this article is to provide an opportunity for self funded leave, once every five years, for a period of not less than five weeks and up to and including one year. The City of Saint John will hold a portion of an employee's salary for a specified period of time and then allow the employee to take off the requested time with pay equivalent to the amount withheld. This leave would allow an employee to continue receiving a salary. The salary that an employee would have received during this period, minus the leave without pay, is spread out or averaged over a reasonable amount of time. An employee who is interested in this program shall apply in writing, a minimum of six months in advance (unless mutually agreed) to his or her department head. If the department head refuses to grant the leave, then the employee may apply directly to the City Manager or his designate. Once a request is approved then the department head must notify Human Resources. Human Resources will make arrangements to initiate this request. On return from the leave, the employee shall be placed in his former position. If the former position no longer exists, he shall be placed in accordance with Article 16:04. 23:05 Union Business Time off shall be granted temporarily on proper notification to the Manager concerned for any duly authorized Union representative serving on the Negotiating Committee involved with processing grievances, to attend meetings and handle business arising there from or incidental thereto. Such employee shall suffer no loss for time so spent. 90 50 23:06 Union Conventions and /or Seminars Leave of Absence with pay and without loss of seniority shall be granted for the necessary time off to a maximum aggregate of twenty (20) shifts in any one year to employees elected or appointed to attend union conventions and /or seminars upon written request received at least ten (10) days in advance by the appropriate manager. 23:07 Reimbursing Employer for Pay & Benefits An employee on unpaid approved leave of absence for Union business shall receive their regular pay and benefits to the extent permitted by statute or regulations. The Union shall reimburse the Employer for all pay and benefits during the period of absence. 23:08 (a) Maternity Leave Maternity leave shall cover a period of 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 a) This plan is conditional upon the approval and continued approval of the Federal Government. b) An employee who provides proof that she has applied for and is eligible to receive Employment Insurance Benefits pursuant to the Employment Insurance Act, shall be eligible to be paid a maternity leave allowance in accordance with the Supplementary Unemployment Benefit Plan for a period not to exceed seventeen (17) continuous weeks inclusive of the two (2) week waiting period for Emplovment Insurance benefits. 91 51 c) In respect of the period of maternity leave payments made according to the Supplementary Unemployment Benefit Plan will consist of payments equal to the difference between the unemployment insurance benefits the employee is eligible to receive and ninety percent (90 %) of her regular rate of pay at the 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. d) Regular rate of pay shall mean the rate of pay the employee was receiving at the time maternity leave commences, but does not include, shift premium, overtime, or any other form of supplementary compensation. During the period of maternity leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health and Dental Plan, and Group Life Insurance. The employee also agrees to pay her share. When an employee decides to return to work after maternity leave, she shall provide the employer with at least two (2) weeks' notice. On return from maternity leave, the employee shall be placed in her former position. If the former position no longer exists, she shall be placed in accordance with Article 16:04. 23:08 (b) Parental Leave Parental leave shall be unpaid and cover a period of up to thirty- seven (37) weeks after the birth or adoption of a child under the age of nineteen. 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 employer with 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. 92 52 Employees shall not accumulate vacation credits while on such leave. 23:08(c) Vacation Benefit During Maternity Leave Employees entitled to Maternity Leave shall be permitted to accumulate up to a maximum of 70 hours vacation. Such days shall accumulate at the Employee's normal rate of vacation earned. 23:09 Court Duty When an employee is on jury duty or called as a witness in City related court proceedings, they shall receive full pay at the prevailing rates. Any monies received by the employee, for said matters in lieu of weekly pay, shall be paid to the City of Saint John. 23:10 Christmas Leave An employee may request an unpaid leave absence, hereinafter referred to as Christmas Leave, between December 20 and January 7 of each year. Interested employees shall make a request for Christmas Leave, in writing, to the manager responsible. The number of employees on Christmas Leave shall be limited to a reasonable number at the discretion of the manager responsible. Christmas Leave may be taken without immediate loss of income. Deductions for Christmas Leave shall be made at the rate of not less than one day per month beginning in January; i.e., deductions for Christmas Leave would commence in January of the following year. ARTICLE 24 SAFETY 24:01 Safety Measures The Employer and the Union shall co- operate in maintaining and improving where necessary safety measures now in effect. 93 53 24:01(a) Equipment Supplied and Safety Footwear Allowance All employees working in any dirty or dangerous capacity shall be supplied with all necessary equipment. It shall be compulsory to wear and use all safety equipment supplied by the Employer. With the permission and signed approval of the appropriate manager, the Employer agrees to reimburse employees engaged in field work a maximum of $70.00 per annum for the purchase of CSA - approved safety shoes /boots equipped with safety toe feature upon presentation of receipt for same. Such footwear must be worn, where necessary, as a condition of employment. 24:01(b) Enforcement All supervisors will consider it an important and essential part of their jobs to administer the safety program. They shall by precept and example secure complete compliance with all safety regulations by all workers under their direction. 24:02 Injury on Duty 24:02(a) Notification When an employee is injured on duty, the injury must be reported to the immediate supervisor as soon as possible after the injury and in any event, not later than the end of the working period in which the injury was sustained. 24:02(b) Remuneration When an employee is injured on duty they shall receive payments from the Employer equal to 80% of their pre- accident net earnings at the prevailing rates for the first 39 weeks from the day of the injury and 85% thereafter; subject nevertheless, in case of injury, to the provisions of the City of Saint 94 54 John Pension Act, provided they have complied with subsection 24:02(a) above. All payments will comply with Section 38.2(2.2) of the Worker's Compensation Act. Any changes to Article 24 shall be by mutual agreement, and if no agreement can be reached, shall be determined in accordance with Article 12. 24:02(c) Any monies an employee is entitled to from the Workplace Health, Safety and Compensation Commission in lieu of weekly pay shall be paid by the Workplace Health, Safety and Compensation Commission 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. 24:02(d) Net earnings shall be defined as pre- accident gross earnings less any income tax, Canada Pension and Unemployment Insurance deductions. 24:03 Civic Employees' Safety Committee 24:03(a) A Saint John Civic Employees' Safety Committee shall be established under the Occupational Health and Safety Act. 24:03(b) Time spent by employees in performance of their duties as members of the Joint Safety Committee shall be considered as time worked, and payment shall be paid on the basis of straight time. 24:04 Safety The Employer shall provide the Union Safety Representative all reasonable information when requested. 95 55 ARTICLE 25 GENERAL CONDITIONS 25:01 Bulletin Boards The Employer shall provide bulletin boards in each division on which the Union shall have the right to post notices of meetings and other such notices as may be of interest to the employees. 25:02 Instructional Courses The Employer agrees to pay one half the cost of any job related course taken by mutual consent. Upon successful completion of such course, the Employer shall reimburse the employee for their share of the cost incurred. 25:03 Copies of Agreement The Union and the Employer desire every employee to be familiar with the provisions of this Agreement and their rights and duties under it. For this reason, the Employer shall bear 50% of the cost of printing 300 copies of the agreement established by the lowest tender acceptable to the City, within thirty (30) days of signing. If the lowest tender is not acceptable to the Union all extra costs for printing shall be paid by the Union. 25:04 Correspondence Except as specifically provided elsewhere in this Agreement, all correspondence between the parties arising out of this Agreement or incidental thereto, shall pass to and from the Manager of Human Resources and the Secretary of the Union. 96 56 25:05 Definition of Word Designate(s) For purposes of clarification, wherever and whenever City Manager, Chiefs, Commissioners, Managers and certain officers and other senior management personnel are referred to by title in this Agreement, the same shall be deemed to apply to their designate(s) in that particular context. 25:06 Benefit to City An employee who furnishes an idea, which is adopted for improvement in the operation of a Civic Department, shall receive recognition from the Employer in the form of a cash grant which the Employer deems proper, taking into consideration the value of the improvement. 25:07 Definition of Day(s) Unless otherwise specified, wherever and whenever the word day(s) is referred to in this Agreement, it shall be construed to apply to calendar day(s) and not working day(s). 25:08 Plural & Gender Whenever the singular or masculine is used in this Agreement it shall be considered as if the plural or feminine has been used where the context of the party or parties hereto so require. 25:09 Access to Personnel File Employees wanting to view their personnel files shall request in writing to the Manager of Human Resources. The employee may view files and may make photocopies in the Human Resources Division of Corporate Services. The Employee is not to remove the file but must view in the presence of a duly designated representative of Human Resources staff. Such request 97 57 for viewing by an employee shall be granted within two (2) working days of the written request. 25:10 Sick Leave Plan Registration The Employer agrees to register the Sick Leave Plan with the Human Resources Development Canada under the Employment Insurance Act. Any benefit derived from such registration, the employee's portion shall be returned to the Union in trust on behalf of the employees. Such money shall be used to provide a benefit to the individual employee. ARTICLE 26 TERM OF AGREEMENT 26:01 Notification to Bargain This Agreement shall take effect and be binding on the Employer and Union for the period from January 1St, 2012 to December 31St, 2014, inclusive, and shall remain in force for successive periods of twelve months thereafter, unless either party requests negotiation of a new or replacement Agreement by giving written notice to the other party not less than sixty (60) days and not more than one hundred and twenty (120) days prior to the expiration date of this Agreement or any renewal thereof. Such notice(s) shall specify any addition, deletion or alteration desired. Upon receipt of such notice by either party, negotiations shall commence within twenty (20) days following such notice having been given. 26:02 Changes in Agreement Any changes deemed necessary during the term of this Agreement may be made by mutual agreement of the parties hereto at any time. 98 58 ARTICLE 27 SIGNATORIES IN WITNESS WHEREOF the Employer has hereunto caused its Corporate Seal to be affixed under the hands of its duly authorized Officers, and the Union has caused this instrument to be executed by its proper Officers hereunto duly authorized the day and year first written above. SIGNED, SEALED AND DELIVERED THE CITY OF SAINT JOHN in the presence of: Witness Mayor Common Clerk CANADIAN UNION OF PUBLIC EMPLOYEES SAINT JOHN CITY HALL EMPLOYEES LOCAL NO. 486, C.L.C. President Witness Recording Secretary 99 59 SCHEDULE "A" Position Classifications by Salary Group Group 1 Casual Administrative Assistant Group 2 Group 3 Administrative Assistant Group 4 Administrative Assistant Executive Assistant Finance Clerk Information Systems Assistant Purchasing Clerk Technician I Group 5 Administrative Assistant Customer Services Specialist Finance Clerk GIS Technician Systems Specialist Technician II Traffic Technician Group 6 Administrative Assistant Buyer Chemical Technologist Facility Management Technologist HTE Training Coordinator Mechanical Engineering Technologist Municipal Engineering Technologist Network Specialist Process Supervisor Systems Administrator Technical Services Inspector Group 7 Accounting Supervisor Administrative Assistant Application Specialist Community Services Coordinator Facility Management Technologist Finance Clerk GIS Technologist Leisure Services Coordinator Mechanical Engineering Technologist Municipal Engineering Technologist Network Specialist Planning Technologist Plumbing Inspector Systems Specialist Technical Services Inspector Traffic Technologist Web Specialist Group 8 Accounting Supervisor Administrative Assistant Assistant Purchasing Agent Chemical Technologist Corporate Projects Coordinator Facility Management Technologist Leisure Services Coordinator Mechanical Engineering Technologist Municipal Engineering Technologist Network Specialist Payroll Administrator Technical Services Inspector Group 9 Accounting Supervisor Heritage Architect/Analyst Insurance and Claims Officer Leisure Services Coordinator Network Specialist Pension Plan Administrator Plans Examiner Visitor Services Coordinator 100 :E SCHEDULE "B" SALARIES INCREMENTS - For the purpose of Article 17 of this Agreement, an increment is calculated by dividing the difference between the maximum and minimum by two (2). Wages and economic benefits are fully retroactive to January 1, 2012. 101 January 1, 2012 January 1, 2013 January 1, 2014 Annual Increase: Annual Increase: Annual Increase: 0% 0% 2.9% Minimum Maximum Minimum Maximum Minimum Maximum Group 29,299 32,078 29,299 32,078 30,149 33,008 1 Group 32,822 36,001 32,822 36,001 33,774 37,045 2 Group 36,344 39,914 36,344 39,914 37,398 41,072 3 Group 39,867 43,829 39,867 43,829 41,023 45,100 4 Group 43,395 47,743 43,395 47,743 44,653 49,128 5 Group 47,309 52,098 47,309 52,098 48,681 53,609 6 Group 51,225 56,452 51,225 56,452 52,711 58,089 7 Group 55,143 60,801 55,143 60,801 56,742 62,564 8 Group 59,055 65,149 59,055 65,149 60,768 67,038 9 INCREMENTS - For the purpose of Article 17 of this Agreement, an increment is calculated by dividing the difference between the maximum and minimum by two (2). Wages and economic benefits are fully retroactive to January 1, 2012. 101 SCHEDULE "C" ADMINISTRATIVE /SUPERVISORY /PROFESSIONAL STAFF (NON- UNION) Administrative Assistant /Secretary to the Mayor Administrative Assistants to City Manager Administrative Officer (Fire) Assistant Common Clerk Assistant Comptroller Assistant Directors Assistant Engineers Assistant Superintendents Benefits Officer Budget Control Officer (Municipal Operations) Budget Officer By -Law Enforcement Officer Chief Engineer, Operations (Works) Chief Engineer, Water & Sewerage Chief, Development Control & Assistant Development Officer Chief, Technical & Inspection Services /Building Inspector City Manager City Solicitor Clerk Typist (Personnel) Clerk- Typist (Labour Relations) Commissioners Common Clerk Comptroller Data Processing Manager Deputy Building Inspector Deputy City Manager Deputy Commissioners Deputy Common Clerk Deputy Fire Chief Deputy Market Clerk (Community Services) Design Engineers Directors District Chiefs Employment Relations Officer Executive Assistant to the Mayor Executive Secretary to City Manager Fire Chief General Foreman H. R. Administrative Clerk H. R. Records Analyst Heritage Planner Human Resources Administrator Labour Relations Officer Legal Secretary Legal Stenographer Management Services Engineer Manager, Building Maintenance Manager, Civic Public Relations Manager, Development Control Manager, Human Resources Manager, Policy Planning Manager, Public Affairs Manager, Public Safety Communications Centre Manager, Visitor Bureau Mechanical Supervisor Occupational Safety Officer Operations Engineer Personnel Officer I Personnel Officer II Personnel Records Clerk Planner II Planner III Project Engineer Property & Appraisals Officer Purchasing Agent Real Estate Appraisal Officers Registered Land Surveyor Rehabilitation Services Officer Secretary 1 (Personnel) Senior Project Engineer Senior Transportation Policy Advisor Solicitors I, II, III Staffing Assistant Staffing Officer Stenographer 1 (Personnel) Superintendents Systems Manager Technical Services Engineer Tourist Officer Traffic Engineers 102 SCHEDULE "D" MEDICAL CERTIFICATION Date Employee Name Address Employee Name: As per Article 21:10 — Sick Leave Bank Allotments, I am requesting that, as soon as possible, you contact your physician, Dr. , for medical documentation containing a response to the following: (a) describe the nature of the employee's condition in order to substantiate why the employee can or cannot return to work; (b) advise of the probability of the employee returning to work in the employee's permanent position; (c) if such a return is anticipated, the date that it will occur; and (d) advise as to the duties or types of work that the employee would be capable of performing. This information must be provided prior to approving your most recent absence and as such, it must be provided within ten (10) working days. Yours truly, 103 1 SCHEDULE `E' Employees Entitled to Payment as per MEMORANDUM OF AGREEMENT NO. 6 Payment in Lieu of $5000.00 Group Life Insurance for Retirees 1. The $2000 payment for the following employees will be issued on July 31, 2008 SMITH, Maureen FITZPATRICK, Mary MCKINNON, Deborah KNIGHT, Peter BENT, Patrick MACDONALD, Elaine CURBISHLEY, Stephen LINGLEY, Allan COOK, Alice ROONEY, Barbara MCLAUGHLIN, John CALVIN, Cynthia O'TOOLE, David ELLEFSEN, John DENTON, Lorraine HEWEY, Ronald FERRAR, Jacqueline VERNER, Lori J. MCINTYRE, Robert HENNEBERRY, Jackie MACDONALD, Krista STANTON, Glenn FLOWER, Mary EDISON, Jr., Charles MOLLOY, Jerome BABINEAU, Rosemary FREEZE, Barry SOMERVILLE, David HAWKINS, Paula LEBLANC, Emery ROSS, Sharon LEWIS, Ann Marie HAMILTON, Robert 2. The $2000 payment for the following employees will be issued on July 31, 2009 CHAN, Annie PEACOCK, Gisele SMITH, Allan SARGENT, Ellen JUDGE, Valerie BUCKLEY, William MCINTYRE, Kelly GREGG, Sandra JOHNSON, Paul NAVES, Kathy MASON, Sherry MCCARTHY, Pat GAUVIN, Sherry WRIGHT, Michelle JACKSON, Pam DUPUIS, Pamela RICHARD, Dawn BRIDGEO, Helen WATSON, Kevin PHINNEY, Allan CUNNINGHAM, Sherry SENNA, Margaret POWELL, Beverley GRANGER, John MCBRIEN, Milford FISHER, Donna LOCKHART, Lynda CORMIER, Bernard HAWKINS, Paula ARMSTRONG, Richard ROSS, Sharon LEWIS, Ann Marie MAHANEY, Rodney LEVESQUE, Angela 104 2 3. The $2000 payment for the following employees will be issued on July 31, 2010 SLADER, Mark DUKE, Tamara WALSH, Nancy WILLIAMS, Evelyn O'HEARN, Mark WOOD, Holly A. WOODHOUSE, Paul KAINE, Lynne KING, Deborah KILPATRICK, Daryl CAMERON, Heather BELTRANDI CHOWN, J. BLIZZARD, Cindy CARROLL, Paula LYMBURNER, Dawn STEWARD, Kimberley BERUBE, Darryl CARLETON, Julie CHAN, Vincent FORAN, Patrick TIBBITS, Kelly GERAWH, Randy KINGSTON, Stephen 4. The $2000 payment for the following employees will be issued on July 31, 2011 CUMMINGS, Sally PORTER, Tiffany UNDERWOOD, Scott GRAVES, Richard KANE, Andrea BARTON, Jason MCLEOD, Christa MOSHER, Jennifer MAZEROLLE, Mark FARREN, Paul JENSEN, Lori TILLEY, Winona CUTLER, Greg MORRISON, Mark COUTURE, David SIMMS, Kirk BERUBE, Darryl BASQUE, Paul BELANGER, Kathy FORAN, Patrick REID, Jennifer GERAWH, Randy GAULEY, Jeff GORMAN, Lois WHITE, John JAMES, Robert WOODS, Brian 105 3 ADDENDUM 1 MOBILITY OF EMPLOYEES BETWEEN: The City of Saint John, N.B. The Board of Police Commissioners for the City of Saint John CUPE Local 486, City of Saint John City Hall Employees The Board of Police Commissioners for the City of Saint John was formed in February of 1998. In accordance with the provisions of the Police Act, R.S.N.B. 1973, ch. P -9.2 as amended in 1997, employees of the City that were "persons employed to serve a police force..." became employees of the Board of Police Commissioners in matters of labour relations. The Board of Police Commissioners is the successor employer, under the Industrial Relations Act, R.S.N.B. 1973, ch. 1 -4 as amended, for a bargaining unit of such employees. The parties to this Addendum recognize that there is a high level of integration between the Police Force and the City, which is expected to continue into the foreseeable future. This Addendum has been developed on the basis that the parties want to ensure the following: that this integration is not compromised by the formation of a Board of Police Commissioners no disruption for employees existing and future employees are provided with a broad range of career development opportunities To these ends the parties have agreed to the following: 1. employees in both Local 486 bargaining units shall have equal opportunities to apply for job opportunities with either the City or the Police Force as specified in Article 11 of the respective collective agreements. 2. the seniority of employees in both Local 486 bargaining units shall, for all purposes, include time of employment with either the City or the Board of Police Commissioners in accordance with Article 10 of the respective collective agreements. 3. all unionized support staff hiring's done for the Board of Police Commissioners shall be subject to the approval of the City Manager of the City of Saint John. 1: 4. Individual sick leave credits and other accumulated benefits shall be fully transferable between employers and the Sick Leave Bank detailed in Article 21 shall be a joint bank for the benefit of all Local 486 members. Dated this of , 2002. SIGNED, SEALED AND DELIVERED THE CITY OF SAINT JOHN in the presence of: Mayor Witness Common Clerk THE BOARD OF POLICE COMMISSIONERS FOR THE CITY OF SAINT JOHN Chair Witness Secretary Witness 107 CANADIAN UNION OF PUBLIC EMPLOYEES SAINT JOHN CITY HALL EMPLOYEES LOCAL NO. 486, C.L.C. President Recording Secretary MEMORANDUM OF AGREEMENT NO. 1 Between The City of Saint John ( "The Employer ") And Local 486, Canadian Union of Public Employees ( "The Union ") SUBJECT: Job Classification It is agreed that CITY OF SAINT JOHN and CUPE LOCAL 486, will jointly develop a Job Classification Plan. This development will employ a third party selected by the employer. This plan will be utilized to evaluate positions within the Bargaining unit. The City and the Union agree that a job evaluation of all positions will not occur prior to Jan 1, 2011. It is agreed the parties will utilize a Committee to be comprised of up to five representatives and alternates from the Union and up to five representatives and alternates from the City of Saint John. The purpose of the Committee will be to: undertake the appropriate and necessary training collect, verify, and analyze data about the positions through the use of a Questionnaire and the Job Description rate all jobs and recommend weights prepare a report of the results with recommendations on ratings, implementation and maintenance perform other related functions as determined by a majority agreement of the Committee It is agreed that the parties to this agreement will utilize the interest based approach to ensuring that the recommendations of the M Committee are implemented in a timely manner. It is agreed that the current Maintenance Plan will be used until the parties agree on a new plan. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. Signed, sealed and delivered by the City of Saint John on the day of , 2008 City of Saint John Mayor Common Clerk Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2008 Local 486, Canadian Union of Public Employees President Secretary 109 MEMORANDUM OF AGREEMENT NO. 2 BETWEEN THE CITY OF SAINT JOHN, NEW BRUNSWICK "THE EMPLOYER" AND THE CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL NO. 486 "THE UNION" SUBJECT: ENTRY -LEVEL POSITIONS It is agreed that as part of the 1999 -01 Collective Agreement, between the CITY OF SAINT JOHN and CUPE LOCAL 486, there shall be entry -level positions for the following job classifications: Administrative Clerk Process Clerk Finance Clerk Engineering Services Technician Traffic Services Technician Community Services Coordinator Technical Services Inspector Financial Services Supervisor These entry -level positions will be utilized as a means of providing effective on- the -job career development and will provide for growth in the individual's compensation levels as their skills and knowledge of the organization develop through a designed program. It is anticipated that this program would be completed in three to five years and will include such things as job - related training, job rotation throughout the organization, on -going performance appraisals and increasing complexity of work assignments. Successful completion of the program would result in the individual moving to the next highest salary grouping for the position. 110 Within three (3) months from the date that the Job Evaluation System is completed the parties will complete the detailed design of a program for progression within each of these entry -level positions. It is agreed that the parties to this agreement will utilize the interest based approach to ensuring that the entry -level program is implemented in a timely manner. Dated this day of , 2002. SIGNED, SEALED AND DELIVERED THE CITY OF SAINT JOHN in the presence of: Witness Witness 111 ( "THE EMPLOYER ") Mayor Common Clerk CANADIAN UNION OF PUBLIC EMPLOYEES SAINT JOHN CITY HALL EMPLOYEES LOCAL NO. 486, C.L.C. President Recording Secretary MEMORANDUM OF AGREEMENT NO. 3 BETWEEN THE CITY OF SAINT JOHN, NEW BRUNSWICK "THE EMPLOYER" _►N THE CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL NO. 486 "THE UNION" SUBJECT: TERMS AND CONDITIONS JOB SHARING PROGRAM It is agreed that as part of the 2004 — 2007 Collective Agreement, between the CITY OF SAINT JOHN and CUPE LOCAL 486, the parties shall jointly undertake a program for Job Sharing. The following are the terms and conditions of the Job Sharing Program. to Objective of Job - Sharing Program To provide the employer and employees with an opportunity, to determine the mutually beneficial value to job sharing. 2.o Eligibility This program is open to members of Local 486, who apply for, positions that are deemed appropriate for job sharing. Positions at a Group 2 level are not eligible. A permanent employee interested in job sharing should make a formal request to their immediate Supervisor. 112 3.0 Job Posting Should a job share partner (permanent employee) leave the position, the position is first offered to the other (permanent) employee who is sharing the position. If this person is not interested, the job will be posted as a job share position. 4.0 Vacancies If one of the permanent employees leaves the job- shared position, the other permanent employee will have the option to: continue on in the present capacity with a new job sharing partner; take the job on a full -time basis; or, take the job on a full -time basis until a suitable partner is found. 5.o Hours of Work Employees will work on average 17.5 hours per week. Optional hours of work could include: one week on, one week off ; one rotation on, one rotation off; three days one week and two days the next week; all mornings or all afternoons; or all days or all nights. The need for consistency is recognized in the schedule. The total hours worked by the employees in the shared position must not exceed 1820 regular hours in one calendar year. 6.0 Salaries Employees will be paid for 17.5 hours per week at the rate set by the classification of the position. The period of time in which one employee is working is not considered a break in service for the other employee. Incremental increases will be applied as outlined in the collective agreement. 113 7.0 Classification of the Positions The position that is deemed a "job share" position will be evaluated as part of the job evaluation system as one job. For the purpose of job sharing, the position will be divided equally with both having the same classification. 8.0 Ownership of the Positions The present incumbent who wishes to job share will "own" the position. If either individual chooses to leave their position to work in an identified job share position, their previous job will be secured for a one -year period. s.o Benefits Vacation: accumulated on a pro -rated basis, based upon 17.5 hours per week. Sick time: accumulated on a pro -rated basis, based upon 17.5 hours per week. Statutory holidays: paid on a pro -rated basis considering that the employee is scheduled 17.5 hours per week. Insurance Benefits: benefits and contributions will be the same as for full -time employees. Employment Insurance: employees will contribute based upon their earnings, as per the rate established by Canada Customs and Revenue Agency. Canada Pension Plan: employees will contribute based upon their earnings, as per the rate established by Canada Customs and Revenue Agency. Workers Compensation: all employees are covered for injury on the job. Pension: employee contributions are 8.5% of gross earnings. 114 1 o.o Leaves If one of the employees is on leave (vacation, statutory, compensatory, sick etc.) the other employee will have the option, if offered, to cover the hours at straight time, in accordance with Article 15. 11.o Responsibilities Department Heads have the sole discretion of determining which positions may be job shared. Employees who are job sharing must demonstrate flexibility and ensure that effective communication is maintained with the job sharing partner and the manager. Within the identified positions, managers have the authority to approve participation in the job- sharing program. It is agreed that the parties to this agreement will utilize the interest based approach to ensure that the Job Sharing Program is carried out as per the established terms and conditions. Signed, sealed and delivered by the City of Saint John on the day of , 2004 City of Saint John Mayor Common Clerk 115 Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2004 Local 486, Canadian Union of Public Employees President Secretary 116 MEMORANDUM OF AGREEMENT NOA Between The City of Saint John ( "The Employer ") And Local 486, Canadian Union of Public Employees (`The Union ") SUBJECT: OFFICIAL LANGUAGES The City of Saint John is required to provide services in both official languages. Given this, the Parties have identified the following positions may be required to be bi- lingual imperative: Department /Division Position Number Finance Administrative Assistant 4 3 Information Technology Web Specialist 1 Leisure Services Leisure Services Co- ordinator 7 1 Municipal Operations Administrative Assistant 4 1 Municipal Operations Engineering Services Technologist 8 3 Common Clerk Entry Level Clerical Position 1 Police Administrative Assistant 4 1 Fire Administrative Assistant 6 1 Planning and Development Administrative Assistant 5 1 Buildings & Inspections Services Technical Services Inspector 1 Buildings & Inspections Services Administrative Assistant 5 1 117 As positions become vacant and a further bilingual requirement is needed, consultation will take place between the Employer and the Union. If no agreement is reached, than Article 12, (Grievance Procedure) may be followed. Permanent employees, as of January 01, 2004, shall not be adversely affected by this provision. A qualified candidate who fails to satisfy the language requirements will be placed in the position subject to obtaining the predetermined language competency level. The Candidate will be required to demonstrate the designated proficiency level within a predetermined training period not to exceed twelve hundred (1200) hours. During this defined training period, the candidate will participate in accelerated language training in order to acquire the predetermined language competency. The cost of such training will be at the employer's expense. However, should the employee be unable to complete the training due to unforeseen circumstances the training period shall be extended accordingly. Prior to the commencement of this training the incumbent will be assessed by a third party provider in order to determine their aptitude to learn the second language and identify the training needed. Following a successful assessment the employee, their manager, a representative of the union and a manager of human resources will develop a training plan that reflects the recommendations of the third party provider and meets the needs of the employee. The employee must actively participate in the training and the manager must fully support the employee in this endeavor. At any point during the training period the incumbent may request a test. Training will be considered time worked but the employee will not be entitled to overtime compensation for additional hours required related to training while participating in training. Further, should the incumbent acquire the defined language competency the employer and the employee must commit to an ongoing maintenance plan. However, should the incumbent be unable to satisfy the language requirements within the defined training period not exceeding twelve hundred (1200) hours, they will revert to their former position. The position would then be awarded to the next senior qualified candidate who had applied to this posting. Also, should the incumbent leave the position for any other reason 118 during the training period the next senior qualified candidate will be placed in the position. The employer may choose to fill the position with a bilingual casual employee for all or part of the period during which the permanent employee is participating in language training. This will be at the discretion of the department head. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. Signed, sealed and delivered by the City of Saint John on the day of , 2008 City of Saint John Mayor Common Clerk Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2008 Local 486, Canadian Union of Public Employees President Secretary 119 MEMORANDUM OF AGREEMENT NO.5 Between The City of Saint John ( "The Employer ") And Local 486, Canadian Union of Public Employees (" The Union ") SUBJECT: RETURN TO WORK PROGRAM 1. 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. 2. 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. It 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. 3. A joint Return -to -Work Program shall come into effect on January 1St, 2008. 4. The following principles shall guide development and administration of the Program: (a)Commitment to a culture of quality, wellness and timely 120 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)lnvolvement 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. 5. Return -to -Work Committee (a)A joint 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 Workplace Health, Safety and Compensation Commission (WHSCC); 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 121 Q 7. improvements. Members shall understand obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. Return -to -Work Teams (a)A return -to -work team shall be established to work with the employee who has been absent from duty for 70 consecutive working hours. (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; Work proactively with the employee and health care professionals in the rehabilitation of the employee, including representatives of the WHSCC; iii. Encourage and support a return to duty; iv. Ensure full dialogue with stakeholders; timely, safe and healthy the employee and other 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. 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. 122 8. 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. 9. 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. 10. 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. 123 (h)The Case Manager coordinates and reports on the process. (i) The employee is successfully reintegrated into the workplace. 11. Once an employee enters a RTW program that requires partial work days, no deduction from sick leave will occur provided the employees comes to work as scheduled. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. Signed, sealed and delivered by the City of Saint John on the day of , 2008 City of Saint John Mayor Common Clerk Date of Common Council resolution Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2008 Local 486, Canadian Union of Public Employees President Secretary 124 MEMORANDUM OF AGREEMENT NO. 6 Between The City of Saint John ( "The Employer ") And Local 486, Canadian Union of Public Employees ( "The Union ") SUBJECT: GROUP LIFE INSURANCE POLICY FOR RETIREES In lieu of a $5,000 paid -up insurance policy upon retirement, all permanent employees who were employed by the City of Saint John on or prior to December 31, 2007 will receive a one time payment of $2,000. Only those employees identified in Schedule E will be entitled to payment and the payments will be issued based upon Schedule E. In order to receive this payment those listed in schedule E must be an employee on the date the payment is issued. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. 125 Signed, sealed and delivered by the City of Saint John on the day of , 2008 City of Saint John Mayor Common Clerk Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2008 Local 486, Canadian Union of Public Employees President Secretary 126 REPORT TO COMMON COUNCIL M &C2012 -273 October 23, 2012 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Members of Council, SUBJECT: 2011— 2012 Winter Management Plan Review and Update BACKGROUND 1 The City of Saint John Council endorsed the current Winter Management Plan for Streets and Sidewalks (M & C 2009 -352) on October 26, 2009. At that time, it also adopted the structure of priorities for winter operations, proposed street plowing objectives, proposed winter sidewalk objectives and the snow removal guidelines, as policies of Common Council. A number of changes to the Winter Management Plan were made in 2010 and 2011 to add and restructure the sidewalk servicing inventory and additional streets were added to Schedule R of the Traffic By -law to allow a Winter Parking Restriction exemption. At its February 1, 2012 meeting, Common Council adopted policy directions as part of the 2012 General Fund Operating Budget, namely; "Snow -ban — 30 month moratorium on any changes or adjustments — each one off adjustment compromises efficiency and effectiveness of snow operations, benefits only a few residents and increases costs for all taxpayers ". ANALYSIS The Winter Management Plan is subject to ongoing review; encouraging ideas and suggestions, and allowing staff to work with citizens to assist in dealing with particular challenges over the winter season. This report is a review of the 2011 — 2012 winter season with recommendations for improvement of the Plan. The Winter Management Plan has been adopted as a policy of Council since 2009. Each time a change is required to be made, either through permitting more Winter Parking Restriction exemptions resulting in changes to the City's Traffic By -law or upgrading a street plowing priority or making changes to sidewalk plow routes, a Report to Council with recommendations is generated and required to be approved by Common Council. It SAINT JOHN ... A LIVEABLE WINTER CITY 127 2011 -2012 Winter Management Plan Review and Update October 23, 2012 Report to Common Council, M & C 2012 - 273 Page 2 is recommended that any required changes to this Plan be made by staff, after thorough investigation and a warrant analysis, as they generally impact daily winter operations on the ground level. A number of improvements to the Plan have been made throughout the winter season to address mainly safety and Winter Street Parking Restrictions concerns. Below is a summary of the improvements. A more detailed analysis is enclosed in Appendix A. • A comprehensive Communications Plan has been developed for the 2012 — 2013 winter season to remind the public of Winter Management Plan provisions and responsibilities related thereto. This Communications Plan is enclosed as Appendix B. • The Winter Operations Centre Standard Operating Procedure was adjusted to reflect administrative changes based on staff responsibility due to retirements, etc. • Despite the reduction of 3 heavy snow plow units early in 2012, the primary and secondary street plowing service objectives were met 100% of the time due to the relatively light winter season that occurred. • The reduction of 3 heavy snow plow units will mean that routes 3 and 19 will be combined and plowed with one unit instead of two units and routes 13 and 25 will be plowed with one unit instead of two units. This will result in a lower level of service within those routes during a storm event. • Street plowing route priority changes were mainly made to reflect traffic pattern changes. Peel Street, Wellington Row and Carleton Street are recommended to be upgraded from Priority 4 to Priority 2 based on the anticipated higher volume of traffic. • Staff received a request for an upgrade in street plowing priority from Priority 3 to Priority 1 for Red Head Road. This is inconsistent with the street classification system and the Street Plowing Priority Structure considering that access to an existing Priority 1 street (Hewitt Road) is nearby. Therefore it is recommended that Red Head Road remain at Priority 3. • Recognizing a reduction of 5 sidewalk plow units early in 2012, the primary Service Objectives were met 95% of the time and the secondary Service Objectives were met 99% of the time. SAINT,JOHN ... A LIVEABLE WINTER CITY 128 2011 -2012 Winter Management Plan Review and Update October 23, 2012 Report to Common Council, M & C 2012 - 273 Page 3 • Staff is aware that an alarming trend due to an increase in sidewalk slip, trip and fall claims since 2008 and the cost associated with those claims has risen sharply. Staff is utilizing existing resources to meet the Service Objectives and minimize impacts due to daily thaw /freeze cycles that create icy conditions on sidewalks and can have negative impacts for pedestrians throughout the winter. • Staff anticipates the procurement of anti -icing (brine solution) application equipment within the 2013 General Fund Operating Budget by offsetting with the salt budget in an effort to achieve a 20% to 30% savings in salt each winter season. Monitoring success will be crucial to identifying future reductions in salt budgets. • One street or portions therof were exempted from the Winter Streets Parking Restriction upon completion of a second analysis by the City Traffic Engineer. It was necessary to strike a better balance to meet operational needs and citizen concerns on Douglas Avenue in the area directly surrounding Brunswick Place. • The Saint John Parking Commission added a new on -line parking space matching service in 2011 that assists in connecting property owners with off street parking needs to those with off street parking availability. This new initiative can be accessed at www.shareyourride.ca. No citizens participated in this program. The Parking Commission is expected to increase communication about this program and update the web site to enhance the user experience. • Seventeen winter drainage issues have been identified and are being addressed through both the General Fund Capital Program and the Operating Budget. Five of these drainage projects have been completed during the 2012 construction season. • Over 1300 potholes were repaired between December 2011 and April 2012. Some potholes required numerous repairs. • In 2011, A Preventative Maintenance Program was developed to identify roadway structures (catch basins and manholes) that require repairs prior to the next winter season to minimize plow equipment damage. Some 433 structures exhibited some type of failure. Utilizing existing resources to date, 102 permanent repairs were completed through the asphalt resurfacing program (73), the Capital Program (29) and over 210 temporary repairs (asphalt collaring) were done until permanent repairs can occur. SAINT,JOHN ... A LIVEABLE WINTER CITY 129 2011 -2012 Winter Management Plan Review and Update Report to Common Council, M & C 2012 - 273 RECOMMENDATION It is recommended that Common Council: October 23, 2012 Page 4 1. Endorse the changes to the Winter Management Plan for Streets and Sidewalks that include: a) Street plowing for Peel Street, Wellington Row and Carleton Street are upgraded from Priority 4 to Priority 2 based on the anticipated higher volume of traffic. b) Reject a change in street plowing priority from Priority 3 to Priority 1 for Red Head Road as it is inconsistent with the street classification system and the Street Plowing Priority Structure and considering that access to an existing Priority 1 street (Hewitt Road) is nearby. 2 Endorse the Winter Management Plan to become a Best Management Practice that is managed by staff rather than as a policy of Council. Respectfully submitted, R. Kevin Rice, B.Sc., CET Deputy Commissioner Transportation and Environment Service 41- --1 V- - Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner City Manager Transportation and Environment Service SAINT,JOHN ... A LIVEABLE WINTER CITY 130 64).1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Part 1: Enmjn2 the Public Communication with the public began immediately upon policy approval. Following the 2010 Winter Management Plan Communications Plan, staff received much fewer calls inquiring about details of the Plan. Such communication included; • Vehicle flyers were distributed throughout Saint John neighbourhoods between November 18, 2011 and March 2, 2012 by the Parking Commission and by City personnel between November 15 and December 15, 2011 as notification to citizens that they were illegally parked. • The updated 2011 - 2012 Winter Management Plan including updated maps for all street plowing priorities and streets excluded from the Winter Street Parking Restrictions were translated and placed on the City website. • 38,000 copies of the City's InSight Magazine are anticipated to be distributed to Saint John households in December 2012. No copies were distributed in 2011. Insight Magazine was made available on the City website in 2011. • There were several local radio and local television media interviews given. Advertisements were placed in the local print media. Various public advisories and media releases occurred throughout the winter season. 11 media advisories were issued when necessary to inform residents of additional snow clearing / cutting, etc. • New information and reminders regarding winter operations that were posted in the news section of the City website also were distributed through the City's notification system for citizens that have signed up to receive such information, Twitter and posted on the City Facebook page. • "Keep your car off the street" bumper stickers were attached to city vehicles alerting the public to the Winter Parking Restrictions. • 483 citizen calls in the 2011 -2012 winter season were dealt with by Service Support representatives on a daily basis during the winter season. • No copies of the "By -law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City" were hand delivered by City of Saint John By -law Officers where violations were observed placing snow and / or ice onto City streets and sidewalks, as a courtesy warning. OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY 131 PAGE A- 1 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Part 2: Coordination of Winter Operations The Winter Operations Centre (WOC) was established to provide coordination of service activities and liaise with the public during storm events. The WOC was activated on 2 occasions; January 20, 2012 and February 27, 2012. In other situations (November 23 and December 23, 2011 and January 13, 27, February 1, 12 and 28, 2012), the Operations Mangers directed operations based on a comparatively low Storm Severity Index (SSI) and an appropriate level of resources. Media advisories were issued by Saint John Communications to indicate the WOC was operational. The annual review of the WOC Standard Operating Procedure (SOP) was completed by Managers in September 2011. Changes to the SOP include administrative changes based on staff responsibility due to retirements, etc. Part 3: Street Plowing The purpose of street plowing is to maintain safe passage and the usability of public streets during and after adverse weather conditions. City streets were organized into 31 winter plow routes for servicing. Operators follow the structure of priorities for all City streets as detailed within the Plan. The City of Saint John currently services approximately 752.5 centre -line kms of municipal streets. The % of kms serviced to the service level objective @ storm severity index was; % kms Serviced to Objective Date SSI 1 II November 23, 2011 70 100 100 December 23, 2011 16 100 100 January 13, 2012 46 100 100 January 20, 2012 23 100 100 January 27, 2012 35 100 100 February 1, 2012 41 100 100 February 12, 2012 58 100 100 February 28, 2012 20 100 100 Columns I and II represent the 2 service objectives for each street priority listed in the Winter Management Plan. Despite the reduction of 3 snow plow units early in 2012, the primary and secondary Service Objectives were met 100% of the time. Due to the reduction of 3 snow plow units, routes 3 and 19 will be combined and plowed with one unit instead of two and routes 13 and 25 will be plowed with one unit instead of two units. OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE A- 2 132 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN This will result in a lower level of service within those routes during a storm event but it is not expected that the Service Objectives will be negatively impacted at this time. Equipment availability along with the SSI are critical factors to achieving Service Objectives. In some situations, the Objectives may not be measured accurately since another storm event started before the Objective could be achieved. The reduction of 3 units also allowed for the addition of 3 personnel to be added to the night shifts. Each shift now has the same amount of personnel (14) capable of providing a higher and more consistent level of service that could assist in reducing overtime opportunities. In addition to the severity of conditions, the Winter Parking Ban contributed to reducing the opportunity for incidents with parked vehicles during snow clearing operations. Snow plow Operators and Supervisors expressed how well streets could be maintained when there were no parked vehicles to hamper operations. The number of insurance claims since 2008 between January 1 and May 20 are outlined in Table 1 below; Year 2008- 2009 2009 - 2010 2010- 2011 2011- 2012 Number of insurance claims 132 68 86 31 Cost ($) of insurance claims $61,767 $16,373 $12,737 $9,493 Table 1: Street Plowing Insurance claims - 4 Year History By decreasing the number of times a unit is required to return to complete street plowing operations (greater efficiency) significantly lowers overtime costs, reduces wear and tear on equipment, increases the ability to schedule personnel effectively and improves the quality of plowing. Saint John Transit has made no adjustments to their major and minor bus routes that will impact the current route plowing priority structure. A request to upgrade Red Head Road from a Priority 3 street to a Priority 1 street was received and evaluated based on classification of streets and proximity to a Priority 1 street (Hewitt Road). The Priority 3 Service Objectives provided by the City to the Provincial portion of Red Head Road and Mispec Road exceed Provincial standards. The Saint John Police Force requested an upgrade of Peel Street, Carleton Street and Wellington Row surrounding the Law Courts and Police Headquarters from the current Priority 4 status. Currently, the roads surrounding the law courts on Charlotte Street and Sydney Street and the Police Headquarters are Priority 2 streets. Based on the anticipated increase in vehicle traffic along these streets to access the Peel Plaza complex, staff recommends that these streets be upgraded to a Priority 2 status. OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY 133 PAGE A- 3 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Part 4: Winter Sidewalks The purpose of sidewalk plowing is to maintain safe pedestrian access and usability of designated sidewalks throughout the winter season. The City's sidewalks are organized into 14 winter plow routes for servicing. Operators followed the structure of priorities for all City sidewalks as detailed within the Plan. The City of Saint John currently services approximately 240.69 kilometres or 60.8% of the City's sidewalk inventory. The % of kms serviced to the service level objective @ storm severity index was; % kms Serviced to Objective Date SSI 1 II November 23, 2011 70 65 90 December 23, 2011 16 100 100 January 13, 2012 46 100 100 January 20, 2012 23 100 100 January 27, 2012 35 96 100 February 1, 2012 41 100 100 February 12, 2012 58 98 100 February 28, 2012 20 100 100 Columns I and II represent the 2 service objectives for each street priority listed in the Winter Management Plan. Issues occurred during the first storm event as a result of reduced equipment availability and high SSI. Recognizing a reduction of 5 sidewalk plow units early in 2012, the primary Service Objectives were met 95% of the time and the secondary Service Objectives were met 99% of the time. Reasons for not meeting the Service Objectives include reduced equipment availability, response timing, quantity and type (wet, heavy) of snow, additional snow being deposited on sidewalks from street plowing, contractor plowing and the addition of almost 4 kilometres of sidewalks being serviced since the Winter Management Plan was adopted in 2009 without addition of associated resources. At least 16 requests from the public to service additional sidewalks (of the 39.2% not serviced) were received during the 2011 -2012 season and are currently being evaluated. If any sidewalk services are increased as a result of a valid request, a corresponding length of existing serviced sidewalks must be reduced. Staff investigated 70 additional requests prior to the 2011 -2012 season and obtained Council's support to change the sidewalks being serviced in some of these cases as reported in M &C 2011 -290. OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE A- 4 134 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT )OHN In 2011, Council adopted the following priorities for Winter Sidewalk servicing. They are based on the rationale that sidewalks that have a higher volume of pedestrians or higher concentration of school children should be a higher priority than other sidewalks. Adjacent land uses that generate pedestrians, such as retail areas, major Transit bus stops or schools generally provide an indication of higher pedestrian use. 1. Major retail areas and major Saint John Transit bus stops 2. Immediate school areas 3. Remaining arterial streets 4. Remaining local or subdivision streets Sidewalk trip and fall claims are common in the winter due to icy conditions. It is common for daily thaw / freeze cycles to create icy conditions on sidewalks that can have negative impacts for pedestrians. The City is responsible to meet the Service Objectives but also be as diligent as possible utilizing existing resources. An alarming trend is occurring where there has been an increase in claims since 2008 and the cost associated with those claims has risen sharply. Year 2007 2008 2009 2010 2011 # of trip and fall claims 14 8 9 10 13 Cost of insurance claims $20,726 $24,600 $1,400 $15,700 $86,534 Table 2: Sidewalk Insurance claims - 5 Year History Part 5: Snow and Ice Removal A comprehensive review and update of the City of Saint John Contingency Plan for an Overnight Parking Ban in the South Central Peninsula was completed on November 23, 2009. This Contingency Plan is an additional resource to the Winter Management Plan. Snow removal operations are necessary to improve sight lines at intersections and allow for enhanced winter traffic and pedestrian passage on more urban narrow streets in the South Central Peninsula, Lower West side and Old North End. Each subsequent snowfall will lead to narrowing of streets due to the volume of snow accumulating near the curb from street plowing operations. The snow is `pushed back' as far as it can go after each storm ends to make room for the next snow event. Snow removal operations information is presented as follows; OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE A- 5 135 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN Year 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Total snowfall (cros) 151.9 232.3 162.5 Number of loads 3695 4845 0 Cost ($) / load $55.49 $75.50 $0.00 Table 3: Snow Removal CostAnalysis - S Year History There were no major snow removal operations during this past winter season. Minor snow removal was completed in the Morris and McKiel Street area that would not be considered as being measurable. In general, there are three major issues that are an impediment to greater efficiencies. • First, the type of snow in some situations can be very wet and heavy making it more difficult for snow blowers to remove. This type of snow plugs up blower chutes resulting in manual labour and time to remove. In this situation, snow removal operations take longer to complete requiring additional resources increasing the cost / load. • Second, blower equipment availability can be an issue related to mechanical issues, some of which can be related to the wet, heavy snow. When the blower equipment is unavailable, much slower equipment such as loaders are utilized. With using loaders, more operator or contractor labour is required and productivity is cut by nearly 50 %. • Third, the location of the Snow Disposal Facility (Snow Dump) is far from ideal. A round trip from the South Central Peninsula to the current location on Bayside Drive is approximately 12kms with an ideal round trip time of 30 minutes for travel and dumping. This time increases significantly for West Side operations. Part 6: Salt Management During the 2011 -2012 winter season, approximately 12,000 metric tonnes of salt and 4,000 metric tonnes of abrasive sand for the salt /sand mixture were utilized with an inventory of approximately 2000 metric tonnes of salt and 4,000 metric tonnes of abrasive sand available for the 2012 -2013 winter season. The total storage capacity for salt is 14,000 tonnes and salt /sand mix is 7,500 tonnes. Based on available funding in July 2012, 3,500 of 5,000 metric tonnes will be stored at the McAllister Drive facility and 4,000 of 9,000 metric tonnes will be stored at the Bay Street facility prior to the upcoming winter season. If more salt is required than the budget allows, staff will make a recommendation to Common Council to exceed the operating budget to allow for ordering more salt in the OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE A- 6 136 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN interest of public safety. Salt was purchased ($622,732) in August 2012 for the 2012 — 2013 winter season. Any purchases made between January and April 2013 will be included in April 2013.. Year 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Salt used (tonnes) 12,506 14,909 12,000 Post season Salt Inventory 4,000 500 2,000 Salt Cost ($) $1,118,587 $987,290 $814,588 $622,732 Sand used tonnes 2,000 4,500 4,000 Post season Sand Inventory 5,000 2,500 4,000 Table 4: Salt and sand use - S Year History Due to the high cost of salt in recent years resulting from high usage; and concern for the environment and private wells, a strategy was developed and implemented to reduce salt usage by applying a salt/sand mixture in the rural areas of Saint John; areas that do not generally require intensive street sweeping or storm sewer catch basin cleaning services in the spring. In the 2009 — 2010 winter season anti -icing (brine solution) application was not successful; due to inconsistent supplier brine quality that plugged distribution nozzles. Anti -icing models indicate a potential for 20% to 30% savings in salt material. Applying a liquid solution to salt will increase its effectiveness prior to spreading that can prevent snow from accumulating on roads for longer periods of time thereby reducing the need for continued salt application and overtime costs. The required equipment is anticipated to be procured within the 2013 General Fund Operating Budget by offsetting with the salt budget. The anti -icing method is anticipated to be in place by November 2013. Monitoring success will be crucial to identifying future reductions in salt budgets. Part 7: Maintaining Street Right of Way The purpose of this section is to ensure availability of the right -of -way for safe and efficient movement of pedestrians and vehicles. Policies and By -law provisions for traffic, on- street parking and street or sidewalk obstructions are designed to enhance the effectiveness of the service delivery and to help control service costs. Various Reports to Common Council were submitted and policy changes were adopted throughout the winter season to address concerns. A summary of submitted Reports to Common Council are as follows; OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE A- 7 137 64).1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN M &C Number Date Title 2011 -289 11/16/11 Winter Street Parking Restrictions City Solicitor 11/24/11 Overnight Winter Parking Restriction Amendment — Lancaster and Waring Streets 2011 -307 11/30/11 Douglas Avenue — Winter Parking Restrictions Exemption City Solicitor 01/04/12 Overnight Winter Parking Restriction Amendment — Douglas Avenue/Brunswick Place The Saint John Parking Commission added a new on -line parking space matching service in 2011 that assists in connecting property owners with off street parking needs to those with off street parking availability. This new initiative can be accessed at www.shareyourride.ca. No citizens participated in this program. The Parking Commission is expected to increase communication about this program and update the web site to enhance the user experience. In January 2012, a Standard Operating Procedure was developed and implemented in collaboration with the City Solicitor's Office for By -law Enforcement Officers to follow when dealing with the "By -law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City ". The Deputy Commissioner of the Transportation and Environment Service received the "Commissioners of Oaths in and for the Province of New Brunswick" Certificate in August 2012 to be capable of authorizing affidavits as part of this procedure. Part 8: Equipment Resources and Facilities The current location of the Snow Collection and Disposal Facility on Bayside Drive is not ideal as it is located within an environmentally sensitive wetland. However, there are currently no other opportunities to operate such a facility in Saint John. City personnel will continue to address and mitigate environmental concerns regarding leachate quality, through environmental controls such as silt fencing, hay bales and land grading, and refuse on the ground once the snow melts. This facility should undergo an Environmental Impact Assessment when funding becomes available. The City also works cooperatively with a local contractor to dispose of snow in a West Side location. Equipment availability prior to and during a storm event has no margin for error since there is no equipment redundancy. The Transportation and Environment Service works very closely with the Materials & Fleet Management Department to ensure a reliable fleet. There is no level of equipment redundancy that would increase the capability for continuous operations. During numerous storm events this past winter seasons, the level of OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE A- 8 138 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAiN'1' JOHN response was limited for a period of time due to a number of pieces of equipment requiring repairs simultaneously. Mechanic's shifts were adjusted to better deal with equipment repairs throughout the winter season in an effort to reduce equipment down time with some success. Post winter season inspections have been completed for all snow clearing and removal equipment and repairs are being scheduled in such a manner that this equipment is fully operational prior to November 2012. By completing these repairs in a coordinated manner, it reduces the opportunity for the frequency and severity of equipment failure making emergency repairs during storm events more manageable. Proper storage of equipment such as large snow blowers is important to preserve the integrity of fuel and hydraulic lines, bearings and seals that require costly annual replacement when left outside during the summer months. An Equipment Storage Analysis is being developed to identify the cost effectiveness of storage with a contractor versus a permanent storage facility. Based on available resources, 5 snow plow routes were identified without an available resource assigned to provide service. 2 snow plow routes; Plow Route 30: South Bay and Plow Route 31: Morna were successfully contracted. Two loaders were leased to plow 2 other routes and existing resources were utilized to service the 1 remaining route. During the 2012 budget process, 3 snow plow units were reduced which will place a higher burden on utilizing less resources over a larger area. It is currently expected that the Service Objectives can be met. Part 9: Winter Drainage Prior to November 2010, a number of major drainage points were identified by using paint on the middle of the road with an arrow pointing towards a catch basin and / or a mark on the curb located above the catch basin. This activity is ongoing each year. A record of weekly drainage inspections was developed and 86% of the storm system catch basins inspected were free of debris, snow or ice. While 166 catch basins were cleared and kept open throughout the winter season. There were approximately 17 winter drainage issues identified in the 2011 - 2012 winter season that lead to ice accumulation on roadways. These issues are in various stages of resolve, from investigation, survey completed, plan completed, design and ready for construction (none) and completion of work. Some work can be done relatively easily while other larger projects are included in the Municipal Operations & Engineering OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE A- 9 139 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAINT JOHN General Fund Capital Program. Other local drainage projects completed in 2012 that will impact winter drainage include 1185 Bayside Drive, Anthony's Cove Road, McGill Road and 25 Christina Court. Part 10: Winter Asphalt Maintenance The purpose of Winter Asphalt Maintenance is to provide emergency repair of street defects and potholes to improve roadway safety and winter driveability. In 2010, Saint John Water became responsible for temporary repairs to utility service cuts. Year 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Tech -Mix used (tonnes) 263.3 140.9 160.0 Cost ($ ) $40,811 $22,290 $23,161 Potholes repaired 700 550 1300 Post winter inventory (tonnes) 0 0 4 Table 5: Winter Asphalt Maintenance 5 Year History The 2011 -12 winter season was relatively mild permitting an opportunity for more potholes to be repaired since they were not filled with snow or water on a continuous basis. There were occasions where City personnel were required to repair the same pothole numerous times, especially at the corner of Union and Smythe Streets. Tech -Mix (cold mix) is placed into the pothole and hand compacted. Vehicle tires, especially heavy commercial trucks and trailers, often have some of the Tech -Mix stick to their tires when traveling over the pothole. In 2011, A Preventative Maintenance Program was developed to identify roadway structures (catch basins and manholes) that require repairs prior to the next winter season to minimize plow equipment damage. Please refer to Table 6 for historical information. Year 2011 2012 2013 2014 2015 Resurfacing 37 36 Capital Budget 27 2 Temporary Repairs 120 90 Total Repairs Completed 184 128 Require Repairs 433 305 OCTOBER 2012 Table 6: Roadway Structure PM Program 5 Year History SAINT JOHN ... A LIVEABLE WINTER CITY 140 PAGE A- 10 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAiN'1' JOHN Part 11: Responsibilities and Reporting Reporting mechanisms have been developed to address the deliverables of the Winter Management Plan that include more detailed shift reports, Standard Operating Procedures, route completion tracking forms for street and sidewalk plowing, and snow removal activities. Part 12: Training and Plan Administration An information and training session was held with all Transportation and Environment Service Managers and Foremen responsible for activities within the Winter Management Plan in early November 2011. During this session, changes to the Winter Management Plan and planning for the upcoming winter season were discussed. Twenty six junior personnel received the formal winter course, front end loader and tandem operation training in 2011. A number of junior personnel also received On The Job peer training by operating equipment under the supervision of experienced equipment operators. No formal training will be conducted in November 2012 as many new employees must acquire a Class 3 license as a prerequisite. A Post winter season debriefing session was held in May 2012 to discuss the benefits and opportunities for improvement for each Part of the Winter Management Plan. • Based on a trending exercise, it has been determined that 10 hour shifts are the most effective at controlling overtime costs while providing the most consistent snow event response levels. • There is an opportunity to improve Service Objective / Standards reporting. • Examine Solid Waste sideboard advertising for winter operations messages. • It is expected that the Street Plowing Service Objectives can still be met despite a reduction of 3 snow plowing units. • Bolster the night shift due to a reduction in units in an effort to be capable of providing a higher level of service at night and reduce overtime requirements. • The 12 salter routes must be examined to determine the most efficient and effective method for servicing the entire city with attention paid to hills as a priority. • Requirement for a West Depot to improve storm event response time. • Common Council, as part of the 2012 budget process, adopted a policy direction to place a 30 month moratorium on any changes or adjustments regarding the snow ban. • Examine asphalt products for winter asphalt repairs that are longer lasting. OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE A- 1 1 141 60-1 APPENDIX "A" 2011- 2012 WINTER MANAGEMENT PLAN DETAILED ANALYSIS SAiN'1' JOHN • Route maps need to be examined to determine equipment allocations based on a reduction of 3 units. • Research anti -icing methods and recommend a process most beneficial to our operation. Pre - wetting is recommended. • Retrofit any existing Henderson brand snow plows to the Craig brand snow plows based on a high risk of personnel injury. • Opportunity to improve communications between sidewalk plowing and street plowing to reduce impacts of street plows placing snow onto sidewalks after they have been plowed. • Continue to develop the list of wingable sidewalks where the street plow can plow the sidewalk as well as the street to assist the sidewalk plow units. • ROADEO training session to involve all operators in a friendly competition. A Committee was set up but proposed participation by personnel was minimal. • Identify obstructions within the City Right Of Way such as planter boxes, gas meters, etc. and give notice to the property owner that this portion of sidewalk may not be plowed due to high risk of liability due to damage. OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY 142 PAGE A- 12 APPENDIX "B" COMMUNICATIONS PLAN - WINTER MANAGEMENT PLAN 2012 SAINT JOHN Event Date: Parking Ban — December 1, 2012 to March 31, 2013 upon Council approval of Policy change recommendations. Prepared for: Transportation and Environment Services Background: The Winter Management Plan for Streets and Sidewalks seeks to keep the community functional through the months of winter; to coordinate preparations, organize resources and guide operational protocols for servicing the network of public streets and sidewalks under widely varying conditions. Its activities are vital to quality of life, commerce, and, most importantly, safety of the public. Although it was a relatively mild 2011 -2012 winter season, it is necessary for vehicles to remain off the streets during the winter parking ban period to allow for more efficient and effective snow clearing and removal operations, especially during more difficult winter seasons with higher severity storm events. The Plan contains seven guiding principles: 1. Public safety first ... public safety is always foremost 2. Manage the Plan ... plan winter operations; manage to the Plan 3. Evaluate ... understand conditions when deploying resources 4. Entire storm ... manage winter conditions over days and weeks 5. Consistency ... strive to deliver expected service levels 6. Resources ... resource levels are set through budget allocations 7. Citizens ... property owners and others have obligations Audiences: ► 70,000 citizens and other pedestrians, commuters and motorists Public transit system and its users lo Emergency services — ambulance, fire, police ► Public institutions — schools, hospitals, university, colleges Neighbourhoods, community centres and arenas, transportation companies, utility agencies, commercial enterprises, schools, health care facilities and affiliate jurisdictions (NBDOT) ► Business groups Employees Politicians (Council, MI-As) OCTOBER 2012 SAINT f OHN ... A LIVEABLE WINTER CITY PAGE B- 1 143 60-1 APPENDIX "B" COMMUNICATIONS PLAN - WINTER MANAGEMENT PLAN 2012 SAiN'1' JOHN OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE B- 2 144 ► Snow Removal contractors ► Visitors to the City ► Media Key ► Restricting overnight parking makes it safer to remove snow, while Messages: minimizing risk of damage to parked vehicles. ► City -wide parking restriction makes the roads safer by allowing roads to be cleared to the highest standard and makes the snow clearing and removal process much more efficient, appropriately using taxpayer dollars and eliminating the need for return ploughing operations and overtime. ► Scheduled parking bans (i.e., limiting the ban to a certain night of the week on a particular street) would be cost prohibitive due to daily signage requirements, the necessity to schedule crews and /or radio and television advertising. This could create conflict if another storm event occurs during a scheduled parking ban. ► In Saint John, complete push back and further snow removal can take place over a number of days after a storm ends depending on the severity of the storm event. In some cases, snow clearing and removal operations from one storm may not be completed when another storm event occurs. ► Winter Street Parking Restrictions are common in the majority of Municipalities across North America and vary in detail according to the needs of their community. Activities leading up to parking ban OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE B- 2 144 60-1 APPENDIX "B" COMMUNICATIONS PLAN - WINTER MANAGEMENT PLAN 2012 SAINT JOHN OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE B- 3 145 Item Date Who Cost / Resources Report to Mayor and Oct 2012 Deputy Staff time Council Commissioner, Transportation and Environment News release — reminder to October Communications Staff time residents with insufficient 2012 Office off - street parking to make arrangements for the winter Signage installation Fall 2012 City crews Staff time, ► Notices to residents photocopying in alternate street parking areas ► Signs to be mounted at main City entrances ► Signs also to be mounted on streets affected by alternate side parking rules ► News release and November Communications Staff time backgrounder for 2012 Office media on parking bans ► Messaging of overall overnight parking restriction must be different than that of South Central Peninsula snow ban to prevent confusion OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE B- 3 145 APPENDIX "B" COMMUNICATIONS PLAN - WINTER MANAGEMENT PLAN 2012 SAINT JOHN OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE B- 4 146 Item Date Who Cost / Resources Saint John Energy Bills November Communications Approx. $500 2012 Office Story in Insight about December Communications Time winter parking and the 2012 Office Winter Management Plan "Courtesy" parking tickets November Design and Photocopying, 2012 production: staff time Communications Office Distribution: City Crews Winter Management Plan November Communications Time feature on homepage of 2012 Office saintjohn.ca Information notices (flyer November Design and Photocopying, similar to the ones sent 2012 production: Staff time around last year with Communications updated information for Office the current version of the Distribution: plan) for areas affected by City Crews alternate side parking (Schedule R) Kijiji ads for the vehicles November Communications $10 per ad per section of the website will 2012 Office week be purchased Country 94 /The Wave November Communications Monthly banner website banners 2012 Office purchase is absorbed by Communications 44,000 hits Rogers TV Channel 5 (TV November Communications $250 per week, guide) ads /December Officer plus production 2012 costs OCTOBER 2012 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE B- 4 146 APPENDIX "C" STORM SEVERITY INDEX SAINT JOHN Snow Accumulation (up to 55 of 100 points) Points Awarded Given Condition of Present Storm Potential Points Attributed to Condition Description of Condition Description of Condition 55 over 35 cm Mainly freezing rain 49 31 -35 cm 42 26 -30 cm 35 21 -25 cm 28 16 -20 cm 21 11 -15 cm 14 6 -10 cm 7 11 -5 cm Precipitation Type (up to 15 of 100 points) Points Awarded Given Condition of Present Storm Potential Points Attributed to Condition Description of Condition 15 15 Mainly freezing rain 12 Heavy, wet snow with significant times of rain, freezing rain or ice pellets 9 Heavy, wet snow with occassional time with rain, freezing rain or ice pellets 6 Heavy snow 3 Fluffy snow Wind Condition (up to 15 of 100 points) Points Awarded Given Condition of Present Storm Potential Points Attributed to Condition Description of Condition Description of Condition 15 Heavy wind that cause drifting snow during or following the storm 0 Light or no wind that does not cause drifting snow during or following the storm Temperature Fluctuation (up to 15 of 100 points) Points Awarded Given Condition of Present Storm Potential Points Attributed to Condition Description of Condition 15 Temperature fluctuates above and below freezing more than once with temps falling to -10 C or colder after storm 12 Temperature remains above freezing at some point during storm for at least 2 hours then changes to below freezing with temps falling to -10 C or colder after storm 9 Temperature remains above freezing at some point during storm for at least 2 hours then changes to below freezing with temps falling not less than -10 C after storm 6 Temperature changes from below freezing to above freezing through storm and stays above freezing after storm 3 Temperature remains below freezing (or rises above freezing for no more than 2 hours) the entire storm and following STORM SEVERITY INDEX FOR PRESENT STORM OCTOBER 2012 SAINT JOHN ... A LIV 1V WINTER CITY PAGE C- 1 REPORT TO COMMON COUNCIL -1 M &C 2012 - October 22, 2012 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Canadian Emergency Management College (CEMC) Agreement BACKGROUND: From time to time, personnel from the Saint John Fire Department are invited to serve as visiting instructors at the Canadian Emergency Management College (the "CEMC ") in support of the College's programs. To facilitate participation and payment for the City's participation at the CEMC, the Department of Public Safety and Emergency Preparedness for the Government of Canada requires signed a Memorandum of Agreement. The purpose of this report is to present this opportunity to Council for its considerations. ANALYSIS Historically, a limited number of personnel from the Saint John Fire Department have been invited to serve as visiting instructors at the CEMC in support of National Emergency Management Programs. City staff participation in these training programs not only allows for the broadening and enhancement of their knowledge, it also serves to support their ongoing professional development and, by extension, elevates the profile of the City of Saint John within the National Emergency Management community. All costs associated with City staff participation in the training programs are reimbursed by the CEMC and all other business interests of the City of Saint John have been addressed in the Memorandum of Agreement. The Memorandum of Agreement (MOA) that has been in place for the past 36 months, dated June 4, 2009 has expired. CEMC has forwarded the new MOA for Council's approval. The City Solicitor's Office has reviewed the Memorandum of Agreement for legality and form and found the body of the document remains consistent with the previous agreement save and except for Articles 9.1 and 10 which deal with "liability" and "tortuous conduct ", which have been explained to the undersigned from a legal perspective and which are addressed more fully below from a policy perspective." .• Page 2 Economic Opportunity & Relocation of Fire Facilities This new MOA (attached) is the same document that is provided to all municipalities who participate in sending instructors to deliver these top level courses at the federal level. However, there are three articles or changes to bring to Council's attention that have been the subject of discussion between the City Solicitor's Office and the offices of the CEMC. Article 3.3 of the Memorandum establishes a ceiling of $130,000 to be paid to the City over the life of a 36 month MOA. The Saint John Fire Department's position regarding Article 3.3 is that the ceiling is presently far in excess of any anticipated bill for reimbursement. We presently send 1 instructor to approximately 2 courses per year at a total cost of no more than $10,000 per course. Should the ceiling ever become a concern, Article 6.2 provides for the unilateral withdrawal from the agreement with 30 days written notice. Article 9.1 and Article 10 of the new MOA have increased the legal responsibility (liability and tortuous conduct) to the City and as such the Fire Department has asked the City's Insurance Claims Officer to review the added risk to the municipality. The Insurance Claims Officers has offered that he takes issue with the principle of the Federal Government downloading the risk to the municipalities and indeed intends to raise this concern with other Municipal Risk Managers as a means to put pressure back on the Canadian Emergency Management Council to amend the article. However, the City's Municipal Claims Officer states that the risk is really very minimal and should not change the City's participation in the program. From a fire service risk management perspective there is much greater risk in not acquiring and maintaining the course expertise than that which the City is exposed through its employees attending the course as either an instructor or participant. RECOMMENDATION: It is recommended that the following resolution be adopted by Common Council: RESOLVED that The City of Saint John enter into a Memorandum of Agreement with the Department of Public Safety and Emergency Preparedness ( "Public Safety Canada'), as represented by the Canadian Emergency Management College, prepared August 9, 2012 respecting the participation of members of the Saint John Fire Department in the facilitation of Canadian Emergency Management College programming. Respectfully submitted, Kevin Clifford, BBA, CFO Fire Chief J. Patrick Woods, C.G.A. City Manager 149 Public 3alcly Sz -cwrle pjt6cu�, Canada Canadda MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS AND THE CITY OF SAINT JOHN REGARDING SERVICES TO BE PROVIDED TO THE CANADIAN EMERGENCY MANAGEMENT COLLEGE Date Prepared: August 9, 2012 Date Amended: Whereas, this Memorandum of Agreement ( "MoA ") establishes an agreement under which the Department of Public Safety and Emergency Preparedness ( "Public Safety ") and the City of Saint John can provide for services of qualified professionals to act as Instructors /Subject Matter Experts for training offered by the Canadian Emergency Management College ( "CEMC "). Whereas, this MoA shall allow CEMC to continue to provide for effective training by retaining instructors who are subject matter experts, have current skills and knowledge of emergency management practices, have current practical experience, understand the Canadian context of emergency management, and are active in the emergency management community. Whereas, this MoA contributes towards implementing the Strategy for Emergency Management Training in Canada, agreed on January 10, 2007 by the Federal, Provincial and Territorial Ministers responsible for emergency management. Whereas, the City of Saint John shall be provided under this MoA an opportunity that will broaden the skills of its resources, improve training capacity within its own organization, and expand its network and interoperability within the emergency management and first responder community. ARTICLE 1: PARTIES TO THE AGREEMENT 1.1 This MoA is between Public Safety, as represented by the Canadian Emergency Management College (CEMC), and the City of Saint John. ARTICLE 2: GOVERNING LAW 2.1 This MoA shall be governed by and shall be construed and interpreted in accordance with the laws of the Province of Ontario, subject always to any paramount or applicable federal laws. 2.2 All terms and conditions imposed by this MoA shall be interpreted in a manner that will comply with all federal laws, policies and directives. ARTICLE 3: SERVICES TO BE PROVIDED Under this MoA: 3.1 The City of Saint John, subject to sub - agreements that detail the tasks to be performed from the following, shall provide employees to perform some or all of the following: 3.1.1 Present CEMC - prepared lectures as required; (includes course preparation, delivery and post - course activities): 3.1.2 Act as a facilitator during group discussions as required; 3.1.3 Monitor course participant comprehension during lectures and respond appropriately; 3.1.4 Provide relevant examples to content provided by CEMC to increase clarity and relevance; Page 1 3.1.5 Coach course participants during learning activities as required; 3.1.6 Act as an advisor during CEMC - prepared simulations as required; 3.1.7 Complete course participant role assignments for the simulation activities; 3.1.8 Debrief course participants after learning activities and simulations as required; 3.1.9 Review course material as required; 3.1.10 Complete the Course Report, designed to capture observation on the course delivery and the course materials; 3.1.11 Share with personnel involved in the delivery of the course concerns and issues regarding the quality of the participants' learning experience; 3.1.12 Ensure that team members (comprised of course participants) are clear on the purpose and functioning of the simulation; 3.1.13 Ensure team members (comprised of course participants) are clear in how the team is expected to function during the simulation; 3.1.14 Ensure that all personnel (CEMC and /or others) involved in the delivery of the course receive course kits and other relevant materials; 3.1.15 Monitor teams during simulations and provide appropriate support; 3.1.16 Coach team members and the team during simulation activities; 3.1.17 Coordinate /Participate in post - simulation meetings; 3.1.18 Brief team members during post - simulation debriefings; 3.1.19 Organize and chair meetings and debriefings, as prescribed in the course lesson plans as well as ad -hoc meetings and debriefings with personnel (CEMC and /or other) involved the delivery of the course; 3.1.20 Coordinate the simulation exercises as the Simulation Director so as to facilitate its effective implementation; 3.1.21 Function as the primary point of contact for personnel (CEMC and /or others) involved in the delivery of course and course participants on course, and for instructional issues throughout the course; 3.1.22 Participate /provide input into the development and design of course material (including attendance at course development workshops, when required); and 3.1.23 Carry out training delivery related duties as requested by the CEMC. Page 2 3.2 CEMC shall provide overall direction to the Instructors on the delivery of courses. 3.3 CEMC shall reimburse the City of Saint John as identified in the applicable Letter of Request for salary and benefit' costs for the period of the work agreed to, and for overtime costs associated with back -fill of employees working on the tasks if required up to a maximum of $130,000 For the 36 month term of the MoA. 3.4 CEMC agrees to reimburse the City of Saint John upon submission of original receipts and in accordance with the attached Treasury Board guidelines in Annex A, to cover Instructor personal costs related to meals not provided at the course, accommodations and travel costs. 3.5 CEMC shall require that all course materials provided for the training belongs to the Crown and that any improvements or variation to the materials as a result the City of Saint John's work belongs to the Crown. ARTICLE 4: PROCESS 4.1 The Parties shall provide each other with the title and contact information of the official responsible for the administration of the process. 4.2 CEMC may request services to be provided in the National Capital Region or elsewhere in Canada. 4.3 All requests for an agreement shall be in writing and include the following information (a sample is provided in Annex A): 4.3.1 A brief description of the course /workshop for which tasks are being requested, including the time, date and location; 4.3.2 The tasks being requested; 4.3.3 The maximum fee authorized for a task or a combination of tasks; and 4.3.4 Any other relevant information requested by the City of Saint John. 4.4 The City of Saint John shall notify the CEMC of an approval to a request within 14 days of the receipt thereof. 4.5 Payments shall be made to the City of Saint John upon the completion of a task and the receipt of an invoice. Page 3 ARTICLE 5: TERM 5.1 The term of this MoA shall be for a period of 36 months commencing upon signature of the Parties. ARTICLE 6: DURATION, WITHDRAWAL, & TERMINATION 6.1 The MoA shall remain in force until either of the Parties withdraws from or terminates its participation, or the completion of the term specified in Article 5. 6.2 Either Party may unilaterally withdraw from this MoA by providing thirty (30) days written notice to the other Party. 6.3 This MoA may be terminated at any time with the mutual written consent of the Parties. 6.4 It is agreed and understood that an approved or in- progress agreement shall survive the terminating or withdrawing from this MoA. Termination does not release a Party from any obligations which accrued while the MoA was in force. ARTICLE 7: FINANCIAL CONSIDERATIONS 7.1 The Parties understand that this MoA is a commitment to provide a mutually beneficial service for advancing training in emergency management. Except that which is specifically provided otherwise in this MoA, each Party agrees to be solely responsible for the funding costs it incurs in its own interest related to the support of the MoA. ARTICLE 8: STATUS OF PERSONNEL 8.1 Nothing in this MoA shall be read or construed as conferring upon the City of Saint John or its employees, the status of officer, employee, servant or agent of the Government of Canada. ARTICLE 9: LIABILITY 9.1 The Parties agree that Public Safety, including CEMC, is not and shall not be liable for any damages to individuals or property, loss of profits or any other claims of loss or damage related to the process of completing the work, the work itself, or the results obtained pursuant to this MoA. ARTICLE 10: TORTUOUS CONDUCT 10.1 The City of Saint John acknowledges that its employees are not employees of Public Safety and therefore the City of Saint John shall be responsible for and shall save harmless and indemnify the Crown in Right of Canada, including Public Safety and CEMC, from and against all claims, liabilities, and demands of any kind with respect to any injury to persons (including, without limitation, death), damage to or loss or destruction of property or infringement of rights caused by or arising directly from any negligent or wilful act or omission by the Instructor. Page 4 ARTICLE 11: PRIVACY & ACCESS TO INFORMATION 11.1 The City of Saint John acknowledges that CEMC is subject to the Access to Information Act and the Privacy Act and that all information, both personal and otherwise, collected as a result of the request for services from the City of Saint John or in the seeking of payment shall be subject to those Acts. ARTICLE 12: AMENDMENTS 12.1 Amendments to this MOA may be made only with the written mutual consent of the Parties. ARTICLE 13: SETTLEMENT OF DISPUTES 13.1 Any disputes regarding the interpretation or implementation of this MoA shall be resolved only by consultation between the Parties and shall not be referred to a tribunal or any other third party for settlement. ARTICLE 14: ASSIGNMENT & CROWN PREROGATIVE 14.1 This Agreement shall not be assigned, in whole or in part, without the prior consent in writing of the other Party and any purported assignment made without that consent is void and of no effect. ARTICLE 15: COMMUNICATION 15.1 All correspondence must be sent to the following respective mailing addresses of the Parties or by fax: To: CEMC Department of Public Safety and Emergency Preparedness 1495 Heron Road Ottawa, Ontario K1 V 6A6 Fax: (613) 949 -5046 To: The City of Saint John Saint John Fire Department 45 Leinster St. Saint John, NB E21- 1 H9 Fax: (506) 658 -2910 Page 5 Each participant must notify the other in writing of a change of address or fax number. ARTICLE 16: EFFECTIVE DATE AND SIGNATURES 16.1 This MoA shall become effective on the date of the later signature. Gary R. Donovan Mayor Director General National Emergency Preparedness Directorate Department of Public Safety and Emergency Preparedness Common Clerk Date: � �� / ;fta t `� Date: Page 6 ) Q, 2- October 26, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: City of Saint John Pension Plan BACKGROUND: Attached for the information of the members of Common Council are copies of the 2011 Audited Financial Statements and the December 31, 2011 Actuarial Valuation for the City of Saint John Pension Plan. Staff would be pleased to answer any questions the members of Council may have related to either of these reports. A letter is forth coming that will outline the contribution requirements of the City of Saint John based on the December 31, 2011 Actuarial Valuation. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully Gregory 1 omans, CGA, MBA Commissibfier of Finance and Administrative Services Attachments 150 � I. t The City of Saint John 1 , . 2- (0) FINANCIAL STATEMENTS The City of Saint John — Pension Plan December 31, 2011 151 CONTENTS Independent Auditors' Report Statement of Financial Position Statement of Changes in Net Assets Available for Benefits Statement of Changes in Pension Obligations Notes to Financial Statements Schedule of Administrative Expenses 152 PREe 1 2 3 4 5 -13 14 INDEPENDENT AUDITORS' REPORT To the Hoard. of Trustees of The City of Saint John — Pension Plan We have audited the accompanying financial statements of The City of Saint John — Pension Plan [the "Plan "], which comprise the statement of financial position as of December3l, 2011 and the statements of changes in net assets available for benefits and changes in pension obligations for the year then ended and a summary of significant accounting policies and other explanatory information. Management's responsibility for the financial statements Management is responsible for the preparation and fair presentation of base financial statements in accordance with Canadian accounting standards for pension plans, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in acoordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgmeA including the assessment of the risks of material misstatement of the fimancial statements, whether due to fraud or error, In malting those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the cNectivcness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements We believe that the audit evidence we have obtained in our audit is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements prrscrit fairly, in all material respects, the financial position of the Plan as at December 31, 2011 and the changes in its net assets available for benefits and the changes in its pension obligations for the year then ended in accordance with Canadian accounting standards for pension plans. * 04 'u Saint John, Canada, April 26, 2012 Chartered Accountants DERw&Wbtm *7 153 The City of Saint Jahn - Pension Plan STATE. E+ NT OF FINANCUL POSrrMON As at December 31 Cash and short -term deposits [note 2] Due from the City of Saint John Funding due from the City of Saint John Accrued intcrest and Dividends 2011 2016 $ S 8,526,391 3,900,023 31,018 115,087 8,699,453 9,571,552 740,542 762,851 Investments, at market Bonds and fixed income pooled funds; [Cost 2011— $65,513,126; 2010 — $65,330,952] 71,911,661 68,834,003 Stocks and equity pooled funds; [Cost 2011 — $216,331,362; 2010 — $223,987,189] 240,026,791 252,148,166 Real estate funds [Cost 2011— $31,717,802; 2010 -- $32,002,568] 40,797,365 36,896,383 Net assets Available for beneiib 370,733,221 372,228,065 Accrued pension benefits and deficit Accrued pension benefits 324,511,793 503,584,211 Deficit (153,77V72) 72 13 ] 56 I Accrued pension benefits and deficit _ 370,733,221 372,228,065 See accompanying motes On behalf of the Trustees. Trustee 154 FA The City of Saint John — Pension Plan STATEMENT OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS Year ended December 31 2011 2010 Increase in assets Contributions [note 91 The City of Saint John 20,997,103 19,140,782 Employees 5,729,453 5,809,391 26,726,556 24,950,173 Investment income Interest 2,906,251 2,826,802 Dividends -- -- _ 5,584,925 5,303,877 _ 8,491,176 8,130,679 Realized {loss} gain in market value of investments {12,288,860} 4,830,039 Unrealized gain in market value of investments 2,900,408 262215,406 Hedging gain realized 78,910 567,849 Hang gain unrealized 42,944 84,383 9 6 98 31,697 677 25,951,134 64 778,529 Decrease in assets Pensions paid 23,348,924 21,759,119 Contributions and interest refunded to participants 1,047,494 369,670 Administrative expenses schedule 3,0492560 3 074 680 27",978 25,203 469 Net (decrease) increase in net assets available for benefits (1,494, ) 39,575,060 Net assets available for benefits, beginning of the year 372,225,065 332,653,005 Net assets available for benefits, end of year 370,733,221 372,228,065 See accompwVng notes 155 The City of Saint John - Pension Plan Year ended ,December 31 STATEMENT OF CHANGES IN PENSION OBLIGATIONS 2011 2010 S � Accrued pension benefits beginning of ear 503,594,211 461,859,000 Increase in accrued pension benefits Interest on accrued pension benefits Benefits accrued 32,361,000 29,720,000 12,963,000 12,868,000 Chan es in actuarial assumptions - 21,266,000 45,324,000 63,854,000 Decrease in accrued pension benefits — Benefits paid _ (24x396,4191 (22,]28,1 Net increase in accrued pension benefits 20,927,582 41,725,211 Aceraed pension benefits, end of year _ 524,511,793 503,584,211 See accompa"ing notes 156 0 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2011 1. PLAN SUMMARY The City of Saint John — Pension Plan [the "Plan"] is the accumulation of Plan assets used to fund pensions under the revised City ofSainr John Pension Aci [the "Act"] as enacted on May 12, 1999, as amended to June I8, 2008. The Act is administered by a Board of Trustees representing Common Council of the City of Saint John ["the City"], management, unionized employees, non- unionized employees and retired employees. The Plan is also subject to the provisions of the New Brunswick Pension Benefas Act which became effective January 1, 1992. The assets of the Plan are held by RBC Dexia Investor Services which acts as custodian of the Plan. The assets of the Plan are managed by nine different investment managers who have discretionary investment authority within the investment mandates given to them by the Board of Trustees. The performance of the Plana relative to others is measured on a regular basis by API Asset Performance Inc. Significant features of the plan are as follows: • The Plan provides for pensions an the defined benefit basis at the rate of 2% per year of service times the average of the three consecutive years of service having the highest salary, The Plan also provides for disability allowances and survivor benefits. The Plan provides inducing at the .rate of 1% per year on the basis of service between January 1, 1975 and December 31, 1992 and at the rate of 2% after January 1, 1993. The Plan is funded by eligible employees contributing 50% of the current service cost to the Plan to a maximum of 90/a of aggregate salaries and the employer contributing the balance of the current service cost. Based on the 2010 actuarial valuation, the current service cost of the Plan was 20.0'10 of payroll. At no time can the overall employer contribution rate be less than 7.5% of aggregate salaries. The employer is obligated to make additional contributions, if necessary, to adequately amortize any unfunded liability or solvency deficiency. In 2011, required employer contributions to amortize the unftmded liability amounted to $13,193,800. • Contributions become vested after two years. 5 157 The City of Saint John — Pension Plan NOTES TO FINANCiAY, STATEMENTS December 31, 2011 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation These financial statements are prepared on the going concern basis and present the aggregate financial position of the Plan as a separate fmancial reporting entity independent of the sponsor and Plan members in accordance with Canadian accounting standards for pension plans is Part IV of the Canadian Institute of Chartered Accountarits (CICA) Handbook (Section 4600). Section 4600 provides specific accounting guidance on investments and pension obligations. For accounting policies that do not relate to either investments or pension obligations, the Flan must consistently comply with either International Financial Reporting Standards (IFRS) in Part I or accounting for private enterprises (ASPE) in Part II of the CICA Handbook. The plan has elected to comply with ASPE in Part II of the CICA handbook commencing January 1, 2011. To the extent that ASPE in Part U is inconsistent with Section 4600, Section 4500 takes precedence. Basis of valuation of investment assets, Investments are stated at market value which approximates fair value, using published market valuations, where applicable, or market - related determinations. Pooled fund and earnings Certain ofthe PIan's investments are held via units of pooled fimds. Income earned on these funds is retained within the fiord and reflected as part of the cunvnt- period change in market values of investments. Market value approximates fair value. Foreign currency translation Investments denominated in United States [ "US "] dollars are translated at the year -end rate of exchange. Foreign exchange gains and losses are included as a component of the emtent- period change in market value of investments. Hedging The Plan utilizes currency hedges to offset market fluctuations in its investments denominated in US dollars. At year - end, the hedges are fair valued and recorded as are increase or decrease in the change in the value of market value of investments. 0 158 The City of Saint John —Pension Plan NOTES TO FINANCUL STATEMENTS December 31, 2011 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Cash and short-term, deposits Cash and short -term deposits are net of accounts payable and accounts receivable, 2011 Assets Cash $ 9,645,386 Prepaids $ 565 Commitments $ 3,605 $ 9,649,556 I�,abiNtfes HST Payable $ 403,622 Accounts Payable $ 719,543 $ 1,12-3,165 $ 8,526,391 3. ACTUARIAL VALUATION (a) The 2010 actuarial valuation indicated that the present value of accumulated plan benefits amounted to $503,584,000 and the market value of net assets available to provide benefits amounted to $372,228,000, with an estimated unfimded liability of $131,356,000 on a going concern basis. As of December 31, 2010, the liabilities on a solvency basis were greater than the solvency assess by an amount of $218,007,000. The significant actuarial assumptions adopted for purposes of the going concern finding valuation in the 2010 report were as follows: • Retirement will occur at the earlier of age 65 or attainment of Combined age and service of 88 years. • Valuation; assets were accounted for as the market value of assets. • The following are the assumed rates used in the valuation: Investment earnings rate 6.50% per annum after investment fees Inflation rate 2.509. per annum Real rate of return 3.30% per annum for 10 years and 5.061a dwreai%r Salary increases 3.00% per annum The projected unit credit actuarial cost method was used for purposes of the going concern finding valuation. 7 159 The City of Saint John — Pension Plan NOTES TO FINANCUL STATEMENTS December 31, 2011 3. ACTUARIAL VALUATION (continued) The benefit at retirement is projected for each member based on the assumed increases in earnings. Equal units of this projected benefit are assumed to accrue in each year of service. The present value of the portion of the projected benefit deemed to be accrued for service to the valuation date is calculated for each member based on the assumptions outlined above. The total accrued liability is the aggregate of the accrued liabilities determined for each individual member. The total accrued liability is then compared with the assets as at the valuation date to determine the surpius or unfunded liability at that date. Similarly, the present value of the portion of the projected benefit deemed to accrue in respect of the years of service following the valuation date is determined for each individual member. The total normal actuarial cost is equal to the sum of the individual normal actuarial costs so calculated for each member. The residual normal actuarial cost is the excess of the total normal actuarial cost over the member's required contributions. The Plan is required to have its next actuarial review for the period ended December 31, 2011. (b) AON Hewitt conducted an extrapolation of the Plan as of December 31, 2011 since the actuarial evaluation as at December 31, 2011 is not yet completed. The extrapolation estimated an actuarial present value of accumulated plan benefits in the amount of $524,512,000. (c) During 2011, the City of Saint Jobn paid the Plan an amount of $4,609,498, which represented special contributions toward the unfunded liability [2010 — $3,723,2521. Since the required contributions related to the unfunded liability for 2011 amounted to $13,193,800, the City owes the Plan an amount of $8,699,453, which consists of deficit contributions and interest owing on the contributions not made to the Plan in accordance with the New Bruns -wick Pension Benefits Act and its Regulations. The City of Saint John is required to make special going concern payments until 2025. (d) On December 21, 2007, the Regulations to the New Brunswick Pension Benefit Act were modified with the intention of requiring pension plans with a solvency ratio below 90% to file actuarial valuations annually [from the current triennial requirement]. The 2011 actuarial valuation is in the process of being prepared. 160 The City of Saint John -- Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2011 4. SOLVENCY FUNDING EXEMPTION The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption from making solvency special payments is granted by the Superintendent of Pensions. In 2007, this exemption from making solvency special payments to the Plan was sought and received. 5. FINANCIAL INSTRUMENTS The Plan's financial instruments consist of cash and short -term notes, accounts receivable, temporary and long -term investments, accounts payable and amounts due from related parties. All items except investments are recorded at cost which, due to their nature and short-term maturities, approximates fair value. The Plan is subject to financial risks as a result of its investment activities. These risks include market risk, credit risk and liquidity risk The Plan manages these financial risks in accordance with the New Brunswick Pension Benefits Act, applicable regulations, and the Plan's investment policies and procedures. The investments of the Plan are managed utilizing a balanced approach, where the Plan invests in bonds, stocks, pooled funds and real estate funds. Market risk Market risk is the risk that the fair value or future cash flows of an investment will fluctuate because of changes in market processes. In accordance with the Plan's policies, the Plan manages market risk by investing is diversified investments and by utilizing fimd performance managers. Market risk is comprised of the following: (a) Foreign currency risk Foreign currency risk arises from investments that are denominated in foreign currencies. Fluctuations in the relative value of foreign currencies against the Canadian dollar can result in a positive or negative of ed on the fair value of investments. As at December 31, 2011, the Plan has equity investments denominated in foreign currencies through investments of pooled funds and direct equities. E 161 The City of Saint John — Pension Plan NOTES TO MAN'CYAL STATEMENTS December 31, 2011 S. FINANCIAL INSTRUMENTS (continued) The Plan utilizes currency hedges to miniomi this risk to an approved percentage of these investments. The Plan's underlying currency exposures in Canadian dollars consist of the following: Impact of 1% absolute change in foreign exchange Fair value rates on net assets S $ Foreign equities and pooled funds 44,372,815 443,728 Approximately 12% of the Plan's investment funds are invested in foreign securities. (b) Interest rate risk Interest rate risk refers to the effect on the fair value or future cash flows of an investment due to fluctuations in interest rates. The Plan's interest rate exposure arises from its investment in bands and in fixed income pooled fiords, where those funds have underlying investments in fixed income securities, which are all denominated in Canadian dollars. The following table demonstrates the sensitivity of the Plan's bonds and fixed income pooled funds to possible change in band yields. The impact was determined using the average rate expected on instruments that are exposed to interest rate risk. The duration measures the sensitivity of the price of financial instruments for every 1 % change in interest rates. Impact of 1% absolute change in bond yields Fair value on net assets Bonds and fixed income funds 71,911,661 719,117 10 162 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2011 5. FINANCIAL INSTRUMENTS (continued) (c) Price risk Price risk is the risk that the fair value of an investment will fluctuate because of changes in market prices [other than those arising from foreign currency or interest rate risk], whether those changes are caused by factors specific to the individual investment or factors alfecting all securities traded in the market. This applies to all of the Plan's investments. The following table demonstrates the sensitivity of the Plan's net assets to a 1°% absolute change in the fair value of investments which are exposed to price risk: Impact of 1% absolute change in fair value Fair value on net assets Total investments, at market 352,735,817 3,527,358 (d) Credit risk Credit risk on financial instruments is the risk of uncial loss occurring as a result of default or insolvency of a counterparty on its obligations to the Plan. The Plan's exposure to credit risk is limited to its investments in bonds and fixed income pooled funds where those funds have underlying investments in debt securities. Approximately 20% of the Plan's investment funds are invested in debt securities. (e) Liquidity risk Liquidity risk is the risk of being unable to settle or meet commitments as they come due. These commitments include payment of the Plan's pension obligations. Liquidity risk is managed by ensuring that the Plan invests in high quality investments which can be easily disposed of in an active market. 11 163 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2011 b. COMPARATIVE FIGURES The comparative figures for 2010 have been reclassified from statements previously presented to conform to the presentation adopted for the current year. 7. CONTINGENCIES In accordance with the Excise Tax Act, the Plan is defined as a selected listed financial institution [SFLI]. As such, the Plan is subject to special attribution rules that require it to account for Harmonized Sales Tax [HST] in each participating province in which it has beneficiaries. As of 2010, the Plan was required to register for GST/HST and file SFLI returns annually. Management confirmed with Canada Revenue Agency [CRA] that an HST liability existed for administrative expenses that were either not assessed hilly for HST or were imported from outside Canada, for previous years. A settlement for amounts relating to the period 2007 -2009 was expensed in 2010 and paid early in 2012. As at the end of 2011, the Plan has not received a notice of assessment from CRA. In January 2007, the City of Saint John Board of Pension Trustees commenced legal action against a now former City Councilor alleging defamation and seeking damages payable to the pension fund. No reasonable estimate of any contingency amount can be made at this time. S. PENSION REFUNDS DUE TO FORMER MEMBERS Section 37 of the Pension Bmefur Act [PBA] restricts, under certain circumstances, the amount of deferred pension commuted value transferred to a member/beneficiary from a defined benefit pension plan where the plan is in a deficit position - The ratio of a plan's transfier assets to its solvency liabilities is defined as the plan's "transfer ratio ". The full amount the transferring member/benofmiary is entitled to transfer is defined as the "commuted value ". The commuted value is subject to reduction where the plan's transfer ratio is less than 1; the reduced amount is defined as the "transfer value ". The Plan's December 31, 2010 achmial valuation showed a transfer ratio of 63.0%. The balance of the commued value, plus interest at the prescribed rate, may be paid into the Plan by the P'lan's sponsor over a maximum of five years, and payment of this balance of the commuted value to the membm/beneficiary will be delayed accordingly. As at December 31, 2011, this amount was $311,774. 12 164 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2411 S. PENSION REFUNDS DUE TO FORMER MEMBERS (continued) In the event that the transfer ratio improves over time, the Plan would be permitted, by virtue of the PBA, to participate in funding refunds payable. The amount of the finding would increase in proportion to the improvement in the transfer ratio. If the transfer ratio remains the some or decreases, the amount payable by the Plan sponsor remains unchanged 9. CONTRIBUTIONS 2!0x1 s Members Current Service 5,323,735 Voluntary Purchase of Past Service 405,718 5,729,453 The City of Saint John Current Service Voluntary Purchase of Past Service 6,852,021 357,306 Going Concern Payments 13,611,732 Fpm ! Ftmq!Rg Pension Refimds 176,044 20 997,103 26,726,556 13 165 The City of Saint John — Pension Plan SCHEDULE OF ADIMIINISTRATWE EXPENSES Year ended December 31 2011 2010 � 8 Investment management fees 1,699,624 1,569,192 Administration fees paid to the City of Saint John 224,628 143,601 Performance measunmmnt services 100,840 94,527 Custodian fees 117,588 130,041 Conference and seminar expenses 24,292 52,380 Actuarial and consulting services 254,922 263,464 Legal fees 557,206 308,582 Audit fees 16,711 15,525 Consultants' fees 9,769 8,475 Miscellaneous 11,267 153512 Insurance 32,713 25,400 HST Payable _ 447981 . 3,049,560 3,074,680 IV, 166 12 - ?-6) Am Hewitt Actuarial Report as at December 31, 2011 City of Saint John Pension Plan Registration Number. Canada Revenue Agency: 026920 Now Bruns%dck 026920 September 5, 2092 ADM HewN 700 Do is Gaudwom Street met ! Suft 1800 I monbeef, Qua Telephone; 61"&%4806 I Fax: 614446-0878 1 wwwsonhewie =mlcerrede 0301 Z Aon HWM Inc. All Rlghle Reeer md. 167 1ftVV Hevdft AoNi,,,ma Table of Contents Summaryof Main Results ............ ............................................................................... ..............................3 Section4: Introduction ............................................................................................ ..............................5 Section2: Going Concern Valuation Results . ................................................... ............................... 6 Section 3: Solvency Valuation Results .................................................................. ..............................9 Section 4: Contribution Requirements .... ........................................................... .............................11 Section5: Actuarial Certificate ............................................................................. .............................16 AppendixA: Assets .............................................................................................. ............................... iti AppendixB: Membership Data .................................................................................. .............................18 Appendix C: Going Concern Assumptions and Methods ...................................... .............................23 Appendix C: Solvency Assumptions and Methods ... ............................... . .......... ............................... 27 AppwWlxE: Summary of Plan Provisions ............................................................. .............................31 Appendix F: Administrator Certification .................................................................. .............................34 G:I CLIENTSlCWNB\ CMPN141 120121Va1201112311RepDrhCfly of Saint John Pension Plan - * 20111231 Aoc Aon Hewitt 10 2012 Aon Hewitt Inc. All Rights Reserved. This document contains oon ident[ai Information and trade secrets protected by copyrights owned by Aon Hewitt. The document Is Intended to remain strictly confidential and to be used only for your internal needs and only for the purpose for which it was initially created by Aon Hewftt. No part of this document may be disclosed to any third party or reproduced by any means without the prior written consent of Aon Hewitt Aa owN RapW as a: December 31, 2011 City of Sain. John Panelon Plan Ann Hw t I DAon H WR Inc. 2012— AU Riphis RwOrM •i AoN,H�ma Summary of Main Reedits This section provides an overview of the main results and the key Inputs to the valuation process. please note that this section Is not intended to replace the integral report which is attached. Summairy of train results Going concern solvency r. -.. (s) (S) Value Of assets $70,733,000 370,483,000 Actuarial liabilities Surplus (deficit) Contribution requirements 566,633,000 (195,900,000) 754.846.000 (384,363,000) Considering going concem and solvency status of the City of Saint John Pension Plan ("the Plan"), the employer contributions recommended In this report with effect from December 31, 2011 are as follows: 2012 2013 2014 deilsrred vested Outstanding cases Number Employer current service costs" 7,104,000 7,317,100 7,536,600 Deficit amortVation(2) 19,098,800 19,671,700 20,261,800 Total employer contribution 26,202,800 26,988,800 27,798,400 {1} Or 12.4% of pensionable eaminga. (2) Incnh Wng at a rate of 3% per year. Basic membership information As at December 31, 2011, the basic membership information Is as follows: Actuadel Report as ffi Damn er 31, 2011 My of Saint John PvWon Pier Aon Howttl I OAcn Hewitt Inc. 2012 —AR Rights Rsaenred 169 Actfve members Retirees and beneficiaries deilsrred vested Outstanding cases Number 878 856 9 5 Average age 44.0 69.7 45.6 n.a. Average penslonable earnings/ lifetime pension / deferred pension $66,100 $29,600 $5,700 n.a. Percentage of going coneem liabilities 3924% 60.46% 0.07% 0.233% Percentage of solvency liabilities 38.12% 61.61% 0.10% 0.17% Actuadel Report as ffi Damn er 31, 2011 My of Saint John PvWon Pier Aon Howttl I OAcn Hewitt Inc. 2012 —AR Rights Rsaenred 169 AONITevvitL Summary of Main Result Key sssiampt :ores The principal assumptions to which the valuatlon results are most sensitive are outlined in the following table, interest rates: . Active and deferred vested members Going concern Solvency 6.00% 10 years at 2.6% and 4.1 % thereafter e Inactive members &00% 3.31% Salary scale 3.00% - Mortality tables: • Active and deferred vested members: UP94 generational UP94 generational e Inactive members UP94 generational UP94 generational Retirement rates: • Active and disabled members 100% at earlier of SS points or age 65 Aduerisl Rapadae &December 31, 2011 c4' of Seln: Jahn Pension Plen Ann Hewitt I aAan Hewitt tia.2012 —All Rights Resenned 170 Age with highest value tlVn A- wilt Section 1:, Introduction Purpose and Terms of Engagement We have been engaged by the Board of Trustees of the City of Saint John Pension Plan and hereafter referred to as the "Client', to conduct an actuarial valuation of the Plan as at December 31, 2011 for the purpose of determining the minimum funding contributions required by pension standards legislation, based on the actuarial assumptions and methods summarized herein. More spftiiically, the purposes of the valuation are to: • determine the financial position of the Plan on a going concern basis as at December 31, 2011; • determine the financial position of the Plan as at December 31, 2011 on a solvency basis; • determine the funding requirements of the Plan as at December 31, 2011; and • providing the necessary actuarial certification required under the New Br SWOk Pension Benefits Act and the Income Tax Act. The results of this report may not be appropriate for accounting purposes or any other purposes not listed above. The next required valuation will be as at December 31, 2012. f a of Changes Since the Last Valuation The last such actuarfat valuation in respect of the Plan was performed as at December 31, 2010, Since the time of the last valuation, the followfng changes have been made: a Discount rate assumption Is changed from 6.5% to 6.0 %; • The 6% loading added to the current service cost to cover some expenses Is eliminated since the discount rate assumption Is now net of all fees. A provision In the section "Pension commuted values" of the Canadian Institute of Actuaries (CIA) practice - specific standards for pension plans Impact valuations with calculation dates on or after February 1, 2011. This provision has been reflected In the results of the solvency valuation or the hypothetical wind -up vefuatlon shown herein. Subsequent Events We are unaware of any further events occurring after the valuation date and prior to the report date that may materially affect the results of this valuation. AmtuarWd Rgzmt as at December 31, 2Di 1 Cly of Saint John Pension Plan Aon lWoo I WAon K wW Inc 2412 —AII Rights Raaanrod 171 AO—NHe,w-d octio n 2: Going Concern Valuatdon Results Going Concern VzEnimclal Position aT the Marl The going concern valuation provides an assessment of the Plan's financial position at the valuation dada on the premise ftt the Plan continues on into the future indefinitely. The going concern financial position of the Plan as at December 31, 2011 Is shown in the following table_ The results as at December 31, 2010 are also shown for comparison purposes. Going Concern Financial PoslUon December 31, 2011 Now Previous assumptions assumptions December 31, 2010 Assets Market value of Invested assets Liabilltles Active members Retired members and benefldades Defemad vested members 370,733,000 222,387, 000 342,587,000 377,000 370,733,000 204,110,000 325,870,000 328,000 372,228,000 215,898,000 287,085,000 164,000 Outstanding refunds 1.282.000 1.282,000 439.000 Total liabilities 566,633,000 531,590,000 503,584,000 Surplus I (Unfunded liability) (195,900,000) (1$0,857,000) (131,356,000) Acloadal Report u a: Qewmbw 31, 2011 plyorS&W Jahn PemOm Plan Aon lloomK 10 Aen Hewitt Ina 2012 —All Rights Reserved 172 AON.Fema Section ; Going Concern Valuation Results Current Service Cost The annual cost of benefits on a funding basis for service accruing after the valuation date is (mown as the "current servlce cost." The following table shows the estimated current service cost for the year folkrMng the valuation date. The results as at the previous valuation date are also shown for comparison purposes, December 31, 2011 December 31, 2010 ($) (;) Total current service cost 12,270,000 12,000,000 Member's contributions (5,166,000) (5,246,000) Current service cost for the employer • in $ 7,104,000 6,754,000 • in % of pensionable earnings 12.4%(') 11.6% • In % of member contributions 137.5% 128.7% (i1 Saud on estimated annuar pensionable earnings of $57,384,700 in 2012, including expecW overtime. The change in the defined benefit current service cost is mainly due to the changes to the actuarial assumptions. AcWwkd Report mat oMmher 31, 2011 cryir of Saint John Penebn Plan Aan HawW I OAon HewHt Inc.2D12 —Alt Rtghb Reserved 173 Ar-ONnew# Section 2,. Gating Concern Valuation Rasuft Charilgs 4-n Financ;ai PorMflon During the period from December 31, 2010 to December 31, 2011, the going concern financial position of the Plan changed from an unfunded liability of $131,356,000 to a unfunded liability of $195,900,000. The major components of this change are summarized in the following table: Reconciliation of the Going Concern Financial Position For the Period from December 31, 2010 to December 39, 2011 M Surplusl(Unfunded Liability) as at December 31, 2010 (131,358,000) • Special payments made in interim valuation period 13,788,000 • Expected interest on surplus/(unfunded liability) 000) Expectad surplue!(unhinded liability) as at December 31, 2011 (1256885,000) • Loss from investment earnings lesser than expected (28,094,000) • Gain due to overtime and salary increases 1,127,000 • Loss due to retirement experience (4,325,000) • Loss due to service buyback (955,000) • Loss due to data adjustment, other experience and miscellaneous items (2,945,000) • Change in liabilities due to changes in actuarial assumptions (35,043,000) Surplusf(Unfunded liability) as at December 31, 2011 (195,900,000) Funding Valuation Sensitivity Results In accordance with the Canadian Institute of Actuaries Standards of Practice specific to pension plans, the table below presents the impact of using a discount rate 1 °% lower for the funding valuation results. Effect 6.00% 5.00% In $ In % Total going concern liabilities $566,633,000 $653,893,000 + $87,260,000 +15.4% Total current service cost $12,270,000 $15,537,000 + $3,267,000 +26.6% Note that using an interest rate I% higher than that assumed would result in a comparable reduction in the plan liabilities and current service cost. AolLwW Deport " asbaeombor 81, 2011 City of Sala John Pension Plan Ann WMff 1 0Acn Hawid Inc. 2012 —Alf Rigft Reserved 174 i! �P'wift Section 3. Solvency Valuation Results Solvency Financial Position of the Flan The solvency valuation is a financial assessment of the Plan that Is required by the Act and Is performed in accordance with requirements prescribed by that legislation. It Is Intended to provide an assessment of the Plan's financial position at the valuation date on the premise that certain obligations as prescribed by the Act are settled on the valuation date for all members. The solvency financial positron of the Plan as at December 31, 2010 is shown for comparison purposes. Solvency Financial Position December 31, 2011 December 31, 2010 M (s) Assets 1.282.000 439,000 Market value of Invested assets 370,733,000 372,228,000 Estimated wind -up expenses (250.000) (250.000) Solvency Assets 370,483,000 371,978,000 Actuarial Liabilitles Active members 287,725,000 236,513,000 Retired members and beneficiaries 465,076,000 352,744,000 Deferred vested members 763,000 289,000 Outstanding refunds 1.282.000 439,000 Solvency Liabilities 754,846,000 58919551000 Solvency Deficit (384,363,000) (215,007,000) Transfer ratio The transfer ratio Is the ratio of the solvency assets to the solvency liabilities. if the transfer ratio is less than 1.0, certain conditions and restrictlons, as prescribed by the Ac( must be applied to the commutation of benefits from the Plan. Such conditions and restrictions, however, do not apply to commutations that are less than $4,920. The transfer ratio is determined as follows: Solvency assets Solvency ilabi#Itlss Transfer Ratio $370,483,000 $754,846,000 49.1% Given that the transfer ratio is less than 909, the next valuation shall be performed no later than as at December 31, 2012. Actimrtel Report as at December 31, 2011 City of Saint John Pension Plan Aon Mwvttl 10 Aon Hewitt Inc. 2012 —All Rights Reeemd 175 Ao&-:,,,wn Section : Solvency Valuation ,Results Hypotheftai Wood up Firojin ;4al Position of the Plan For the purpose of disclosure only, if the Plan had been wind -up on December 31. 2011, the deficit would have been determined using the market value of assets and the total value of benefits would be determined In accordance with the Canadian Institute of Actuaries Standards of Practice in effect at that date. Under this valuation basis, the deficit would have been $401,576,000. Solvency Vaivatann Sensitivity Results in accordance with the Canadian Institute of Actuaries Standards of Practice specffic to pension plans, the table below presents the impact of using a discount rate 1 % lower on the solvency valuation results. Based on Effect Valuation basis at Interest lists December 31,2011 Lower by 1% In $ in % Total liabilities - solvency $754.846,000 $903,192,000 + $148,346,000 +19.7% Note that using an interest rate 1 % higher than that assumed would result in a comparable reduction in the plan solvency liabilities. Incremental cost on a So�venc:y Basle The Incremental cost on a solvency basis represents the present value at December 31, 2011 of the expected aggregate change In the solvency liability between December 31, 2011 and the next calculation date, that Is December 31, 2012. Appendix D gives more details on the calculation methodology and on assumptions. Based on this methodology and on these assumptions, the incremental cost on a solvency basis, for the period from December 31, 2011 to December 31, 2012, is $21,283,000. Adwrisl Report as at aeaembe• 81, 2011 My W 8W. John Penton Plan Ace I hm 1 O Aon HaM M Ins. 2012 — AN Rights Reserved 176 LO AoNti.mu., Section 4: Contribution Requirements Current Service Cost The rule for deterntining the current service cost, based on the results shown in section 2, Is as foilows until the next actuarial valuation report is filed: Rule for current service cost Plan member contributions 9% of pensionable eamingsil� Current service cost for the employer 12.4' of pensionable earnings ) or 187.5°X, of member contributions (�l Based on astimmaW annual penslonable earnings of $57,354,700 in 2012 Indudin g expeCled ovartirne. ArimM Report as at December 31, 2011 C,krof alint John Pension Plan Aen Hewitt I OAcn Fkmk Inc. 2012—All Rusts Reserved 177 I AONiima- Section 4.- Contribution Requirements Effective August 31, 2007 and according to section 42 of the General Reguiatlon of the Pension Beneh7a Act, the Plan has been exempted from the solvency deficiency funding requirements. However, since the Plan has a going concern unfunded liability, the employer must contribute additional amounts to fund the gang concern deficit. The following table summarizes the schedule of recommended employer contributions that are necessary to fund these deficiencies. Deficiencies that were disclosed In previous actuarial valuations are Included. Consequently, the employer contributions outlined In the following table reflect the necessary adjustments of previously established amortization schedules in accordance with the applicable legislation and accepted actuarial practice. Going Concern Special Payments (1) Monthly payment for year 2012, Increasing by 3% per year thereafter. (2) The values in the table ware developed using an Interest rate of 6.00% per annum. Actuarial Report as at Deoember 31, 2011 Oy o1 Sdd John Pemion Plan Aan Herrttt 1 0Aan Nawtd Ina, 2012 —A'1 Rlphts Reserved 178 12 Monthly special Present value at payment ill December 31, 2011 r4 Effective date ($) End date ($) January 1, 2004 307,713 December 31, 2018 23,130,000 January 1, 2010 777,212 December 31, 2024 g9,956,000 January 1, 2011 47,840 December 31, 2025 6,491,000 January 1, 2012 459,100 December 31, 2026 68,323,000 Total 1,591,565 195,900,000 (1) Monthly payment for year 2012, Increasing by 3% per year thereafter. (2) The values in the table ware developed using an Interest rate of 6.00% per annum. Actuarial Report as at Deoember 31, 2011 Oy o1 Sdd John Pemion Plan Aan Herrttt 1 0Aan Nawtd Ina, 2012 —A'1 Rlphts Reserved 178 12 AONHevia Section 4: Contribution Requirements The method used to amortize the unfunded liability Is a dollar payment schedule where each scheduled dollar payment is a consistent percentage of the projected future payroll of members, as projected at the date the schedule was established. The dollar payment schedule determined In the current valuation is therefore as follows: Annual AmortIzatlon Payment Schedule Year 2006 Actuarial valuation ($) 2009 Actuarial valuation ($) 2010 Actuarial valuation ($) 2011 Actuarial valuation ($) Total ($) 2012 3,692,500 9,326,600 570,500 5,509,200 19,098,800 2013 3,803,300 9,606,300 587,600 5,674,500 19,6711700 2014 3,917,400 9,894,500 605,200 5,844,700 20,261,800 2015 4,034,900 10,191,400 623,400 6,020,000 20,869,700 2016 4,156,000 10,497,100 642,100 6,200,600 21,495,800 2017 4,280,600 10,812,000 661,400 6,386,600 22,140,600 2018 4,409,100 11,136,400 681,200 6,578,200 22,804,900 2019 11,470,500 701,600 6,775,500 18,947,600 2020 11,814,600 722,700 6,978,800 19,516,100 2021 12,169,000 744,300 7,188,200 20,101,500 2022 12,534,100 766,700 7,403,800 20,704,600 2023 12,910,100 789,700 7,625,900 21,325,700 2024 13,297,400 813,400 7,854,700 21,965,500 2025 837,800 8,094,300 8,928,100 2026 8,333,000 8,333,000 Minimum Employer Contributions Under applicable legislation, the minimum amount that an employer must contribute is equal to: • the empfoyer's current service cost In respect of service accruing after the valuation date; plus • special amortization payments required to amortize any going concern unfunded liability over at most 15 years from the valuation date the unfunded liability first arose; The employer contributions recommended in this valuation report are at least equal to the prescribed minimum requirements. Ac=flal Report as at December 31, 2011 Clyof Saint John Pwmion Plan Aen HewMl I *Aon Hewitt Inc. 2012 —All Rlgf Reearved 179 13 ,64O/�l NH EI Section : Contribution Requirements axinvutn enipiayer Contabut'lan Under applicable legislation, the maximum amount that an employer Is allowed to contribute is equal to: * the employer's current service cost in respect of service accruing after the valuation date; plus the lump sum amount required to eliminate any unfunded liabilities and/or solvency deficiencies that exist at the valuation date; less • any excess surplus as permitted. The employer contributions recommended in this valuation report do not exceed the prescribed maximum requirements. Retroactive Impact tar. Contributions If the minimum contributions determined in this actuarial valuation are higher than the contributions paid since December 31, 2010, the first monthly payment due after the report Is filed must be increased by the difference between the monthly payments made and those which should have been made based on this report This adjustment must also include an interest adjustment for the period in question as described In section 41(2) of the General Regulation of the Pension eeneflts Act. The contribution that must be paid in accordance with this report may also be adjusted If It Is lower than the amount previously paid. Aco"rial Reporlaa aMenmber 81, 2011 City of Sint JMM Pension Plan Ann Hewn! I OAon Hwailt Inc. 2012— All Mahts Remved le] M, - t~-,wi Section : Actuarial Certificate Actuarial Opinion, Recommendations and Certification for the City of Saint John Pension Plan Opinion This actuarial certification forms an Integral part of the actuarial valuation report for the Plan as at December 31, 2011. We confirm that we have prepared an actuarial valuation of the Plan as at December 31, 2011 for the purposes outlined In the introduction section to this report and consequently: We hereby certify that, In our opinion: a) The membership data on which the valuation is based are sufficient and reliable for the purposes of the valuation. b) The actuarial assumptions and methods used on a going conceal basis are appropriate and the assumptions are Independently reasonable for the duration of the period of contribution payments set out In the report and for the purpose of assessing the financial position of the Plan on a going concem basis, as at December 31, 2011. c) The actuarial assumptions and methods used on a solvency basis comply to the leglsla ive requirements for assessing the financial position of the Plan, on a hypothetical wind -up basis, as at December 31, 2011. d) This actuarial valuation complies with the going concern and solvency standards prescribed by the New Brunswick Pension Beneirts Act. e) This report and the opinions in It have been prepared in accordance with accepted actuarial practice In Canada. The next actuarial valuation for the purpose of developing funding requirements should be performed no later than as at December 31, 2012. J yn Tre biay, FCIA, FSA Partner Aon Hewitt 700 De Le Gauchetlibre Street West, Suits 1800 Montreal, Quebec 1-1313 OA7 September 5, 2012 Actuarial Report as at Deoemtwr 31, 2011 rxty of Saint John Pension Plan Avn HewFA 10 Aon Hewitt Ina 2012 —All Riii s RaewvW Mathieu Laurendeau, FCIA, FSA Senior Associate 181 15 Appendix A: Assefll The assets of the Plan are held in a trust arrangement with RBC Dexia and are managed by a number of different investment managers. This type of arrangement governs only the investment of the assets deposited Into the fund and in no way guarantees the benefits provided under the Plan or the costs of providing such benefits. The asset data was taken from the plan's audited financial statements provided by Ernst & Young. The valuation included an examination of the asset data to test for general reasonableness, Internal consistency, consistency with asset data provided in prior years, a comparison of the contributions and disbursements reported with those expected to be made as well as a reconciliation with the previous valuation's asset data. These tests demonstrated that the asset data is sufficient and reliable for the purposes of the valuation. arkol Value of Assets The following Is a summary of the composition of the Plan's assets by asset type as reported In the Plan's financial statements as at December 31, 2011, including in- transit amounts at the valuation date. For comparison purposes, the composition at the December 31, 2010 Is also shown. AeberW Repot w C December 31,20 11 City of Saint John Pension Plan Aan rlaarrt 10 Aon HoWl Ina. 2012 — AN Rights Raeerued i I 16 December 31, 2011 December 31, 2010 (s) N ($) N Cash and short term 8,528,391 2.4 3,900,023 1.1 Bonds and fixed income pooled funds 71,911,661 19.9 68,834,003 19.0 Equities 240,026,791 66.4 252,148,166 69.7 Real estate 40,797,365 11.3 3-6896,383 102 Total Invested Assets 361,262,208 100.0 361,778,575 100.0 Due from the City of Saint John 8,730,471 9,686,639 Accrued interest and dividends 740.542 _ 782351 Total Other Assets 9,471,013 10,449,490 Total Market Value of Assets 370,733,221 372,2228,065 AeberW Repot w C December 31,20 11 City of Saint John Pension Plan Aan rlaarrt 10 Aon HoWl Ina. 2012 — AN Rights Raeerued i I 16 A-a VT W- Appendix x AN Assets Target Asset Mix The target asset mix of the Plan is contained In the PFan's Statement of investment Policies and Goals and is as ioliows: Cstepries N Short-term 5.0 Bonds 20.0 Canadian equities 30.0 U.S. equities 5,0 Intemational equities 5.0 Private equities 10.0 Real estate 10.0 Private debt fund 5.0 Hedge funds 10.0 Total 100.0 Actuarial Repwi a —, at De camber &I, 2011 City of Saint Jahn Penslort Plan Aen Hawk I CAon HW& inc.2012 —All Rightm Reserved 183 17 AO&Hemtt, Appendix B; Memitmrship Data Source of Data This actuarial valuation is based on membership data compiled as at December 31, 2011 and obtained from the Client. Different tests on the membership data were conducted to ensure its validity. Tests performed included the following: a Membership reconcillation with prior valuation data, which is presented hereunder, N Comparison of changes in salaries, years of membership and credited servlce, • Validation of pensions payable to retirees and lump sum benefits paid following termination of employment or death compared to amounts shown on administration files, and e Validation with the Client of all deviations observed in information compared to data provided for the previous actuarial valuation and adjustments made where necessary. The results of the tests performed demonstrated that the membership data is sufficient and reliable for the purposes of this valuation. A certificate from the Client stating that this information is complete and accurate has been obtained and is contained at the end of the report. Actuadel Report as s: Deosmber 31, 2411 City of Sahel John Pension Plan Aon HmWtt I *Aon HewBt Inc. 2012 — AN Rig�b Romrvad • A 13 AONHewitt Appandix B: Membership Data Membership Reconciliation The reconciliation of all members since the last actuarial valuation Is as follows: Retired/ Achafief Repad as ad December 81, 2011 OW of Saint Jdm Pension Plan Aon HswII 10 Aon How& Inc. 2412 —All Rights Reserved 185 19 Survivors/ Deferred Outstanding Acthre Beneflclades vested cases Total As at December 31, 2010 878 811 6 3 1,698 Data adjustments 2 2 New members 60 60 Retirements (55) 55 Disability: • Pensionners (4) + Return to work Terminations: • Paid (2) (3) (5) • Outstanding (5) 5 • Deferred (3) 3 De7rth s: • no further payments (17) (17) • With continuing pension (1) 1 • New survivor pensions As at December 31, 2411 Sao 856 9 3 1,738 Achafief Repad as ad December 81, 2011 OW of Saint Jdm Pension Plan Aon HswII 10 Aon How& Inc. 2412 —All Rights Reserved 185 19 AO-Nuewa Appendix Be Membership Data Membership Stommmy nvi - bgrs are brackets are those f°om titre 2310 vaivait on; i. Active members Z metered membro s an. d baneficlaries Average annual penslon(l) Sex Number Average age Average Male 638 (593) 68.2 (68.3) 33,300 (31,500) Female 218 (218) 74.2 (73.7) 19,000 (18,400) pensionable Average eaminget'a Sex Number Average age service (g) Male 704 (715) 44.6 (45.5) 14.8 (15.6) 67,400 (67,900) Female 164 (163) . 41.5 (41.9) 12.1 (12.2) 60,700 (59,800) Total 868 (878) 44.0 (44.8) 14.3 (15.0) 66,104 (68`400) (�) As et January 1' 2012, we assumed a retrmective salary inane of 3% to provide for upooming collective agreement that has yet to be signed for Wghtera and polE wmn. Z metered membro s an. d baneficlaries (') As at January I"fdlawing the valuation date. 3. Deferrers vested Average annual pension Sax Number Average age (s) Male 6 (4) 45.5 (47.5) 5,500 (3,800) Female 3 (2) 45.8 41.2) 6,000 _(5,600) Total 9 (B) 45.6 (45.4) 5,700 (4,440) 4. Outstanding cases Sex Number Male 4 (2) Female 1 (1) Total 5 (3) Ac4+arlal Report es at oseernbw 31, 2011 My of Saint John Pension Plan Ion Hews t I *Aon Hmid d1e. 2012 —JHI Rights Reserved is 20 Average annual penslon(l) Sex Number Average age ($) Male 638 (593) 68.2 (68.3) 33,300 (31,500) Female 218 (218) 74.2 (73.7) 19,000 (18,400) Total 856 (811) 69.7 (64.8) 29,800 (26,000) (') As at January I"fdlawing the valuation date. 3. Deferrers vested Average annual pension Sax Number Average age (s) Male 6 (4) 45.5 (47.5) 5,500 (3,800) Female 3 (2) 45.8 41.2) 6,000 _(5,600) Total 9 (B) 45.6 (45.4) 5,700 (4,440) 4. Outstanding cases Sex Number Male 4 (2) Female 1 (1) Total 5 (3) Ac4+arlal Report es at oseernbw 31, 2011 My of Saint John Pension Plan Ion Hews t I *Aon Hmid d1e. 2012 —JHI Rights Reserved is 20 AlONw-nia Appendix 8: Membership Data Active Membership Distribution The following table provides a break -down of the active membership as at December 31, 2011 by years of credited service and by age group. Aewarlal Ropod as atAecember31, 2011 Crly of S*d John Penabn Port ADA 0"weO i 0 Aon HewtR Inc. 2012 -Af RFghts Reserved 187 roars or andked..nrice Ago 0.4 54 1844 16+19 20-24 26.29 30 4 35+ TOW (1) 20 - - 20-24 (7) 4,766 - - - - 4,78,5 (a) 51,059 1.1 (1) 57 8 25,Z,5 (2) 8,074 37,608 (3) 55,781 68,448 - - - meal 1.0 6.0 22 (f) 53 51 7 - - 11f 30-34 (2) 15,204 38,901 70,527 34940 (3) 80,108 85,114 73,112 2.8 7.0 11.9 669 (1) 45 33 28 3 - - - - 10e 35-M (2) 14,071 40,708 70,666 92,587 - _ _ 3,5,6,53 (3) 80,989 67,171 76,107 72,199 - _ ,57,562 2.4 7.7 12,0 17.1 ,5A (1) 31 17 41 37 7 - - 133 4944 (2) 16,022 38,639 72.214 98.690 123,734 - 64,0 ,55 (3) 07,513 57,302 73,722 WAS. 71,035 _ W,000 2.4 7.4 12.6 17.6 20.9 - 11A (1) 10 a 10 49 65 11 - - 161 4549 (2) 23,213 32,680 68,821 97,000 135,474 i5Z340 - 788,591 (3) 86.309 62380 67,435 64,88.5 73,488 89,237 3,6 5.6 122 171 22.4 26.0 _ ,8A (1) a 3 5 32 47 5o 16 - 157 60,54 (2) 13.448 40.659 79,472 137,326 178.119 - 170,"4 (d) 53,641 `" 52.D18 SZO45 70,208 74,489 " _ Ulm 2,8 " 123 17.6 22.8 27.1 22,7 (1) 3 1 4 17 32 23 23 2 185 56.68 M 2D'4 - 03.409 11808 154.891 218,972 "" 142,127 M 61,598 82,372 59,387 67,545 74.953 " B4X5 (4 3.6 "' 10.2 22-6 276 32A " Z4,3 (1) 1 3 10 3 2 - 18 80 85 (2) 91,679 107,356 189,018 128,749 (3) - 51,727 80,236 71,823 - BMW 19.4 22.8 25.6 '* 23,1 (1) ZZ4 117 96 141 1H 67 48 2 880 Total (2) 12,927 39,206 W,W7 92,274 129,,5,52 1SSWQ 221,246 +• 84120 (3) 59,710 65,802 72,975 81,750 Kai 71,600 72,118 " 6,5,123 4 2.9 7.1 12,6 17A 22,'5 27A 32,2 « 143 (1 Numberorperns eo (3)Avarapesa",yeari owing Deoember31,2011 (2; AVaraOa conUbudonc Wth kdws d (4) Average penabnabb service Not ehovm rorcontlentfalRy reamm. Aewarlal Ropod as atAecember31, 2011 Crly of S*d John Penabn Port ADA 0"weO i 0 Aon HewtR Inc. 2012 -Af RFghts Reserved 187 AoNff..*.. Appendix B. Membership Data Retired embep -ship Distribution The following table provides a break -down of the refined membershlp as at December 31, 2011 by age group. Aduarfel Iaepart w a December 31, 2411 CKy of gain. John Pension Plan Aon HmM 10 Aon kewllt Inc. 2012— N RWW Heaerved 22 Humber Average annual pension Age Group of pensioners ($) Under 45 6 12,400 45.49 7 26,500 50-54 35 37,900 55-59 113 41,100 60-64 163 36,400 65-69 147 32,800 70-74 120 27,100 75-79 98 22,300 80-84 78 20,600 85-89 59 17,400 90 and over 30 10,500 Totals 856 29,600 Aduarfel Iaepart w a December 31, 2411 CKy of gain. John Pension Plan Aon HmM 10 Aon kewllt Inc. 2012— N RWW Heaerved 22 Appendix C: Going Concem Assumptions and Methods A member's entitlements under a pension plan are generally funded during the period over which service is accrued by the member. The cost of each members benefits is allocated in some fashion over the members service. An actuarial valuation provides an assessment of the extent to which allocations relating to periods prior to a valuation data (often referred to as the actuarial liabilities) are covered by the plan's assets. The going concern valuation provides an assessment of a penslon plan on the premise that the plan continues on Into the future Indefinitely based on assumptions in rasped of future events upon which a plan's benefits are contingent and methods that effectively determine the way In which a plan's costs will be allocated over the members' service. The true cost of a plan, however, will emerge only as experience develops. Investment eamings are received, and benefit payments are made. This appendix summarizes the going concern assumptions and methods that have been used for the going concern valuation of the Plan at the valuation date. The going concem assumptions and methods have been chosen to reflect our understanding of the Plan's funding objectives with due respect to accepted actuarial practice and regulatory constraints. For purposes of this valuation, the going conesm methods and assumptions were reviewed and changes as indicated below were made. Actuarial Cost Method An actuarial cost method is a technique used to allocate In a systematic and consistent manner the expected cost of a pension plan over the years of service during which plan members earn benefits under the plan. By funding the cost of a pension plan in an orderly and rational manner, the security of benefits provided under the terns of the plan in respect of service that has already been rendered Is significantly enhanced. The Projected Unit Credit Actuarial Cost Method has been used for this valuation. Under this method, the actuarial present value of benefits in respect of service prior to the valuation date, but based on pensionable eamings projected to retirement, Is compared with the actuarial asset value, revealing either a surplus or an unfunded actuarial liability. With respect to service after the valuation date, the actuarial present value of benefits for service In the year following the valuation date (i.e. the current service cost) net of any required employee contributions is expressed as a percentage of the actuarial present value of participating payroll for that year. The employer current service contributions are determined each year by applying this pementage to the actual participating payroll for the year. When calculating the actuarial present value of benefits at the valuation date, the present value of all retirement, withdrawal, disabillbi and pre - retirement death benefits are included. For each member, the retirement, withdrawal, disability and pre - retirement death benefits for a particular period of service are first projected each year into the future taking into account future vesting, early retirement enittlements and minimum pensionfvalue entitlements. These 'projected" benefits for each future year are then capitalized, muldplied by the probability of the member leaving the Plan in that year and discounted with Interest and survivorship to the valuation date. The actuarial present value of benefits for the particular period of service is then determined by summing the "present values' of these projected benefits. Acumial Report as at Dsoamber 31, 2011 city of Saint John Pension Plan Ann Hewitt I OAon Hewitt Inc. 2012 —AII Rights Reserved i� 23 -A-�tiewa Appendix C: Going Concern Assumptions and Methods The pattern of future contributions necessary to pre -fund fixture benefit accruals for any one particular individual will Increase gradually as a percentage of his or her pensionable eamings as the individual approaches retirement. For a stable population (i.e., one where the demographics of the group remain constant from year to year), the current service cost will remain relatively level as a percentage of payroll. The Projected Unit Credit Actuarial Cost Method therefore allocates contributions among afferent periods in an orderly and rational manner for a stable population group. We evaluated the Impact of the 50% excess contributions rule using the projected unit credit actuarial cost method prorated for years of membership since the rule came into effect. In the event of future adverse experience, contributions In addition to the current service cost calculated under the Projected Unit Credit Actuarial Cost Method may be required to ensure that the Plan assets are adequate to provide the benefits. Conversely, favourable experience may generate surplus which may serve to reduce future contribution requirements. The previous valuation also used the Projected Unit Credit Actuarial Cost Method, Asset Valuation Method The actuarial value of invested assets used to determine the going-concern financial position is based on the market value of the pension fund. The market value was also used for the previous valuation. Margins Margins for conservatism or provisions for adverse devJation have been built into the going concern assumptions where appropriate. The margins have been chosen so as to balance the need for financial security for existing Plan members against overly conservative contribution requirements that potentially result in intergenerational inequity among members and unnecessary financial strain on the employer. Aduaft Repot ae at December 91, 2011 CIS+ of SWIM John F anon Ran Aon HmAu I aAon HewIR Inc. 2012 - All RIghls Rommel 190 24 AONjiewnt Appendix C: Going Concem Assumptions and Methods Economic Assumptions Assumption Current velueflon Rationale for selection of the assumption Last valuation In accordance with Expected return — Benchmark portfolirr(t) 6.896 7.1% inflation rate assumption plus 0.5% on account of Maximum Expected added value — 0.3 %IZ? productivity Increases considering current Same Pension Limit 6.0% active management 0.3% Interest A 6.0% loading Expected fees (0.746) (0.5 %) is added to the See notes below Margin for adverse deviation(l) 1QA2U ) VskMon Interest rate 6,0% 6.5% Interest credited Used on long -term expectation of the yield on five - on members' 3.5% year personal fired term chartered bank Same contributions deposit rates Based on bee estimate of future inflation Inflation rater 2.5% considering current economic and financial market some conditions to which a 0.5% margin has been added Increase in Inflation rate assumption plus 0.5% on account of Pensionable 3.0% producxivftyy and merit/promotional increases Same Earnings considering current economic and financial market conditions Group N Overtime Management o The basic salary data used in the current valuatkrn Inside workers 4 do not include overtime earnings The earnings (% of salary) Outside workers 8 Firemen 5 assumptions used for overtime eamings are the Same employer best estimates for each group. No loading since Bawd on plan experience and long term current servfoe Expenses deducted from expectations cost to cover interest rate some of the plan Ong expenses nt 7hess elemerds were chosen using a elochastic projection 6001 that generates multiple expected-return scenwfos over loop periods of tlme 1br different asset Ceases It has been assumed that the Investment of the pension plan's assess va be guided Indellntiely by the current Invesbrrent policy. RI Urnited to excess fees related to the acive management Investment strategy. The management fees add up to 40 basis points per year. Consideft that the plan would pay about 10 bash points for passive management, the extra fees of having an active management Investment strategy Is 30 basis points per year. Aduarlel Repoli as at December 31, 2011 City aF Saint John Pensbn Plan Aon I low 10 Aon Hevrltt Inc .2012 —All Riots Reserved 191 26 Policemen 6 Increases In In accordance with YMPE and current YMPE end inflation rate assumption plus 0.5% on account of Maximum Income tax Act current productivity Increases considering current Same Pension Limit limit then 3.0% economic and financial market conditions A 6.0% loading is added to the No loading since Bawd on plan experience and long term current servfoe Expenses deducted from expectations cost to cover interest rate some of the plan Ong expenses nt 7hess elemerds were chosen using a elochastic projection 6001 that generates multiple expected-return scenwfos over loop periods of tlme 1br different asset Ceases It has been assumed that the Investment of the pension plan's assess va be guided Indellntiely by the current Invesbrrent policy. RI Urnited to excess fees related to the acive management Investment strategy. The management fees add up to 40 basis points per year. Consideft that the plan would pay about 10 bash points for passive management, the extra fees of having an active management Investment strategy Is 30 basis points per year. Aduarlel Repoli as at December 31, 2011 City aF Saint John Pensbn Plan Aon I low 10 Aon Hevrltt Inc .2012 —All Riots Reserved 191 26 .A-ftjLff pndix C: Going Concern sum and Meth d Dez wographic Assumptions Assumption Current valuation Rationale for selection of the assumption Last valuation Table UP94 protected Table reflects mortallty experience of 1994 of a Mortality dynamically using scale AA for large sample of US and Canadian pension plans Same an unlimited number of years Projected scale of AA provides allowance for expected Improvements In survivorship after 1994 Rule of 88 points (age + Retirement perrslonable service) or age Based on plan experience Same 65 if earlier Actuartel Report es at Decernbw 31, 2017 City of Saint John Pension Plan Ann Hsyrtlt I *Aon flaunt Inm 2012 —AI Riahta Rewrded 192 26 Te:mination sample Raises Age Male Female 22 0.090 0.131 Termination 27 0.053 0.109 of 32 0.026 0.071 Reasonable assumption to railed Some the plan expected experience Employment 37 0.014 0.045 42 0.009 0.026 47 0.005 0.008 52+ 0.000 0.000 Sample assumed rates for disablement Age Male Female 22 0,00037 0.00027 27 0.00048 0.00051 Ultimate vetoes experienced under the Canada 32 0.00080 0.00119 Pension Plan (CPP) as reported in the December Disablement 37 0.00128 0.00191 31, 2003 Some 42 0.00193 0.00275 CPP valuation report 47 0.00308 0.00418 52 0.00591 0.00609 57 0.01181 0.00870 62 0.01764 0.01276 Proportion of 95% married at death('); at rnembers retirement, males are assumed Reasonable assumption to reflect the plan's with spouses to be a years older than the expected experience, with a smell provision for Same and spousal females where the actual age of adverse deviations apse spouse is not used Contingent None The Plan does not provide Same benefits for contingent benefits ny To estimate this proporkm, we sesame that • For acWe members, 100% are manned at retirement and the member will have the same spouse at death if still aWs; • For retired members, 100% are married at the valuation date and he YAN have the same spouse at death, If still alive. Actuartel Report es at Decernbw 31, 2017 City of Saint John Pension Plan Ann Hsyrtlt I *Aon flaunt Inm 2012 —AI Riahta Rewrded 192 26 AoNnewu Appendix D; SoOvency Assumptions and Methods The Act requires that the Plan's financial position at the valuation date be assessed under the premise that the Plan Is twminated and wound up on the valuation date. The Plan's liabilities calculated under this premise (known as the solvency basis) are determined using assumptions and methods prescribed by the Act. The following summarizes the prescribed assumptions, methods and benefits that make up the solvency basis for the Plan at the valuation date. Judgement can be required in setting carte In assumptions, especially, as related to determining: • the proportion of the Plan's benefits expected to be settled by way of annuity purchase and by way of lump sum transfer; and + the hypothetical annuity purchase rates at the valuation date. Consequently, if the Plan was terminated on the valualion date, the solvency Iiabilltles may be different than the Plan's termination liabilities. Such differences are primarily attributed to: • differences between the actual and assumed proportion of benefits being settled by annuity purchase and lump sum transfer, and an actual annuity purchase rate that is different than the rates assumed to be representative of the annuity market on the valuation date. With respect to the basis for lump sum transfers, the discount rates are In awordanoe with actuarial standards of practice. The discount rale used in the basis for annuity purchases is In accordance with guidance provided by the Canadian Institute of Actuaries for annuity purchases as at December 31, 2011. Wind -up expenses related to the resolution of surplus or deficit Issues are not included In the wind -up expense assumption. Assets for solvency purposes have been determined using market value. Solvency liabilities have been calculated as the actuarial present value of the benefits prescribed to be valued under the Act. Incremental cost on a solvency basis The Incremental cost on a solvency basis represents the present value, at the calculation date (time 0), of the expected aggregate change in the solvency liability between time 0 and the next calculation date (time t), adjusted upwards for expected benefit payments between lime 0 and time t. An educational note was published in December 2010 by the Canadian lnstitute of Actuaries' Commithe on Pension Plan Financial Reporting to provide guidance for actuaries on the calculation of this new information. AchmrW Report as at Demmber 31, 2011 My of Saint John P&Hdon Plan Aen HewM 1 A Ion Hewitt Inc. 2012 —AM Rtg Reserved 193 27 9__ k ON ieva Appendix D; Solvency Assumptions slid Methods The calculation methodology can be summarized as follows: • the present value at time 0 of expected benefit payments between time 0 and time t, discounted to time 0, plus • a projected hypothetical wind -up or solvency liability at time t, discounted to time 0, allowing for, If applicable to the pension plan being valued : - expected decrements and related changes in membership status between time 0 and time t accrual of service to time t, - expected changes in benefits to time t, a projection of pensionable earnings to time t, minus r the hypothetical wind -up or solvency liability at time 0. The projection calculations take into account the following assumptions and additional considerations: • The assumptions for the expected benefit payments and decrement probabilities, service accruals, and projected changes in benefits and/or pensionable samings would be consistent with the assumptions used in the pension plan's going concern valuation. • The assumptions used to calculate the projected liability at time t are consistent with the assumptions for the solvency liability at time 0, assuming that Interest rates remain at the levels applicable at time 0, that the select period is reset at time t for Interest rate assumptions that are select and ultimate and that the Standards of Practice for the calculation of communed values and the guidance for estimated annuity purchase costs in effect at dme 0 remain in effect at tlme t. Active and inactive plan members as of time 0 are considered in calculating the incremental cost. Acb mdM Rsport cue at De mber 81, 2011 Cry of $ah Jahn ftnd n Plan Ann Hen11t 10 Ann Howl t Inc. 2012 —All Rfghla Rmmvdit 194 28 Aaka-mvi Appendix D# Solvency Assumptions and Methods Valuation Assumptions Aftwfal RepM ae at Deeembar 81.2011 Oly d Sift Jahn Pension Plan Ann Hwnl l OAan Hawilt Ina. 2012 —All F%hfa ReeervW 195 F7 Currant Valuation Previous Valuation Economic Discount rate for active and deferred 2.6% for 10 years and 3.3% for 10 years and members not eligible for early retirement 4.1 % thereafter 6.0% thereafter Discount rate for other members 3.31% 4.48% General salary scale Nil going forward, actual Nil going forward, actual earnings used for past earnings used for past YMPE and Income Tax Act Ilmlt increase Nil Ni Demographic Mortality Table UP94 projected UP94 projected 26 years dynamically using scale AA for an unlimited number of years Retirement Age that produces Same the highest value Termination Nil Same Other Wind -up expenses $250,000 Some Contingent benefits None Some Aftwfal RepM ae at Deeembar 81.2011 Oly d Sift Jahn Pension Plan Ann Hwnl l OAan Hawilt Ina. 2012 —All F%hfa ReeervW 195 F7 f A-wonm: Appendix D: Solvency Assumptions and Methods Solvency versus Wind,-up Valuation Other than the fact that upon the Plan's actual wind -up, the provisions of the Pension Benatrfs Act would require that active members not eligible for early retirement be given the option to transfer a lump sum out of the plan that would be the greatest of; a) The commuted value of accrued pension to which they would have been entitled upon termination; b) The liabillty held in respect of their benefits on a going concern valuation basis; or c) The cost of purchasing a deferred annuity from an insurance company to cover the accrued deferred pension, The solvency liabilities are measured in the some way as wind -up liabilities. A*mrial Report es at December 31, 2011 pty of Send John penelon Plan Aan Haunt I e Aon Amft Inc. 2012 — AN fthle Ramenred 196 30 AoNlk-Tft Appendix E: Summary of plan Provisions The following is s brief summary of the provisions of the Plan that affect costs and liabilities as at December 31, 2011. For an authoritative statement of the actual Plan provisions of the Plan, please refer to the complete text contained in the official Plan document and pending amendments. The Plan Is registered in New Brunswick ( reglstmtion number NB.0269209) and with Canada Revenue Agency (registration number 0269209). Eligibility All full-time permanent employees of the City of Saint John are eligible to join the Plan, and are required to do so on the first day of the month following commencement of full -time employment, unless they are over 63 years of age on the date they are hired. • Less than full-time employees are eligible to join the Plan (but are not required to do so) after completing 24 months of employment in which they earned at least 35% of the YMPE in each of the two consecutive calendar year immediately before becoming a member. Normal retirement • Age 85 Unreduced retirement a All members are eligible to retire with no reduction in pension when the total of their age and pensionable service equals 85. All members are required to retire no later than age 65. Early retirement • A member who has two or more years of full -time employment and Is within 10 years of normal retirement date may retire early, If the member is not entitled to an unreduced pension, the member's pension will be reduced by 5% for each year between the data at which the member would have been entitled to an unreduced pension had the member continued in employment and the date of the member's actual retirement. Credited pension . 2% of average of best 3 consecutive years of earnings per year of pensionable service to a maxlmum of 36 years of such service. • The initial annual pension cannot exceed 1,2894 times the YMPE in the year of retirement nor the limit on pensions under the Incorrre Tax Act (Canada). This means that the initial annual pension for members retiring In 2012 could not exceed $64,689. ( =12804 times $50,100) or $2,646.67 times the member's pensionable service, whichever is the lesser amount. Post retirement Indexation • EM 19T5 penslon Not Indexed January 1, 1975 to December 34. 1992 pension; 1°% per annum Post 1992 Msion 2°% per annum AcLmrlW Report in at December 31, 2011 City of Saint John Pension Plan Icon H.witt I OAon Hewitt Inc. 2012 —All Rights Reserved 197 31 AAdfWllt- AW ,appendix E Summary of Plan Provision Benefit on termination of a A member who has less then two years of service with the City on the date employment of termination of employment is entitled to a refund of his contributions wi h Interest. A member who has two or more years of service with the City is not entitled to a refund of his contributions but Is entitled to a deferred pension payable from normal retirement date plus a refund of his excess contributions, If any. Excess contributions are defined in the subsection below entitled "Maximum Employee Cost". Portability options are offered in accordance with the requirements of the New Brunswick Pension BeneRfs Act. • The portion of the deferred pension related to service after December 31, 1992 Is indexed at 2% per annum from the date of termination of employment and the portion related to service between January 1, 1975 and December 31, 1992 is indexed at 1 % per annum. _ Disability • Annual disability pension for life calculated as if the member had continued working until his normal retirement. • if the pensionable service is less than 30 years, pensionable service shall include the number of years from the date of the disability of the member to the normal retirement date, except that the aggregate of such pensionable service shall not exceed 30 years. • A disability pension shall not exceed the greater of the Year's Maximum Pensionable Earnings for the year in which the former member's disability pension commences to be paid, and 2 e% of the average salary of the former member multiplied by the actual number of years of pensionable service of such former member to the date of the disability, Pre retirement death a If a member who has completed two years of service with the City dies prior benefits to retirement, and leaves a surviving spouse, the surviving spouse is eligible to receive 60% of the pension which would have been paid to the deceased member If he had been eligible for retirement at his date of death. In addition, if a member dies as a result of an accident arising out of, or in the course of, his employment, the surviving spouse of that member is entitled to an annual pension equal to 60% of the member's salary (subject to the limit described below). If the member dies with less than two years of service, the member's contributions with interest are refunded to his designated beneficiary or estate, as applicable. Any spousal survivor pension payable as a result of the member's death before retirement cannot exceed 66 %% of the greater of. a) the lesser&. the annual amount of pension to which the member would have been entitled at normal retirement date had he continued in employment, and 11) 150% of the YMPE in the year of the member's death; b) the pension to which the member would have been entitled if he had been eligible to retire immediately prior to his death. Aetuaft Report ae at Deoernber 31, 2011 ft of Saint John Penton Pion Aen Hmvht i VAon Hewttt Inc. 2012 —MI Rights Reserved •m 82 o&IH,w#, Appendix En Summary of Plea Provisions, ...Pre retirement death a Pensions may also be payable to eligible family members who were benefits dependent upon the member for support at the date of the member's death. • in any case, the total lump -sum value of the benefit(s) payable on death before retirement shall not be less then either the sum of any excess contributions which are refundable plus 100% of the commuted value of the accrued pension at death, or the employee's contributions accrued with interest, whichever is greater. Post retirement death • If a member dies while in receipt of a pension (including a disability pension) benefits under the Plan, and leaves a surviving spouse, the spouse is eligible to receive a survivor benefit equal to 60% of the pension or disability pension which the member was receiving prior to his death. The spousal pension is payable to the spouse who was the member's spouse at the date of death. An adjustment to the spousal pension will be made if the spouse is more than 10 years younger than the pensioner or if the marriage took place shortly before the pensioner's death. • Pensions may also be payable to eligible family members who were dependent upon the pensioner for support at the date of the pensioner's death. • In the event that the total pension payments made to a member and his surviving spouse (if applicable) and any eligible dependents are less than the mernbees own contributions with interest to the date of commencement of pension, any difference will be paid to his children, his designated benefiaa or his estate, as applicable. Contributions • Members: One half of the total annual current service cost stated as a percentage of the annual salaries subject to a maximum of 9%, A member's contributions cease when he or she has stopped accumulating pensionable service, This happens when the member has completed 35 years of pensionable service or when the member's accrued annual pension exceeds 1.2894 times the YMPE under the Canada Pension Plan. • Employer. Balance of current service cost plus amortization payments If the aggregate contributions by the City are less then 7% of the pensionable payroll, the City must contribute an additional amount to bring the contributions up to 7 %. However, this minimum of 7% wiU be reduced if such a reduction is required under the provisions of the Income Tax Art Maximum employee cost a With respect to benefts earned, and employee contributions made, after January 1, 1992 any employee contributions with interest in excess of 50% of the lump -sum value of the member's accrued benefit are called 'excess contributions" and are refundable to the member on termination of employment, including termination by way of retirement or death. • With respect to benefits eamed, and employee contributions made, before January 1, 1992 there is a guarantee that the lump-sum value of the benefit will be no less than the employee's own contributions with interest at temrnatan of employment, includes tarmirmtion byway of retirement or death. Acbierial Report mat December 81, 2011 City of 6aln John Pension Plan Ann HnWtt I ©Acn Hewitt Inc. 2012 —All fthts Reserved 199 88 A0Aittemm With respect to the actuarial report as at December 31, 2011 for the City of Saint John Pension Plan, I hereby certify that, to the best of my knowledge and belief: 1. the asset data contained in Appendbc A of this report is complete and accurate; 2. the membership data summarized In Appendix B of this report form a complete and accurate description of all persons who are entitled to benefits under the terms of the plan In respect of service up to the date of the valuation; 3. the summary of the Plan terms contained in Appendix E is an accurate summary of the Plan provisions; and 4. the actuary has been rKAdod# all relevant events subsequent to the valuation measurement date. rxy a y - Gain tivS Cif; V Date Aviu rlsl Report a atAownfbar 31.2011 Cft of Saint John Pension Plan Aan ileer+lt 1 GAan Hewitt Inc. 2012 —A All Rlphte Resarved 200 0 REPORT TO COMMON COUNCIL October 26, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: City Owned Vehicle Policy BACKGROUND: At the meeting of Common Council held on September 24th, 2012 the following resolution was passed: "That staff bring a policy for Council's approval on use of City owned vehicles by the end of October 2012. ANALYSIS: On November 26, 1990 Common Council approved a Vehicle Policy (copy attached). As indicated in the Preamble of the policy, the policy sets out the general principles governing the use and allocation of cars and similar vehicles owned and operated by the City of Saint John as well as the use of private vehicles for City business. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully Gregory eomans, CGA, MBA Comm' ioner of Finance and Administrative Services Ll I atrick Woods, CGA City Manager Attachment 201 77 The City of Saint john CITY OF SAINT JOHN POLICY NUMBER: FA 001 SECTION: FLEET ADMINISTRATION SUBJECT: VEHICLE POLICY 1.0 PREAMBLE This policy sets out the general principles governing the use and allocation of cars and similar vehicles owned and operated by the City of Saint John as well as the use of private vehicles for City business. 2.0 STATEMENT OF POLICY 1 The City of Saint John operates and maintains a fleet of vehicles and motorized equipment required for the provision of municipal services to our citizens. The uses of these resources are restricted to those activities required specifically for the delivery or administration of municipal public services. Personal use of City vehicles and equipment is not permitted. .2 Upon the approval of Common Council, a vehicle may be designated as an essential job requirement of a particular position and allocated on a full -time basis as part of the conditions of employment of the incumbent. Given the nature of this type of position, a vehicle so allocated may be used for both civic and personal business. .3 Upon the approval of the City Manager, a vehicle may be assigned for the full -time civic use of the incumbent of a position where such use is necessary for the provision, supervision, or administration of municipal services. A vehicle so allocated will be used for civic business only, in accordance with the guidelines detailed herein and administrative procedures established by the City Manager. .4 A fair mileage allowance, established annually by resolution of Common Council, will be provided to civic officials and employees who are required to utilize their private vehicles for City business. 202 2 .5 It is the policy of the City of Saint John to expect its management personnel to regularly and routinely, be in attendance when other City employees are carrying out their responsibilities. The presence of management at times, other than normal business hours, is a key to leadership. 6 It is the policy of the City of Saint John to reimburse these employees for the use of their personal vehicles on the basis of a flat monthly allowance. .7 This Vehicle Policy will be administered in accordance with relevant provisions of the Income Tax Act. 3.0 OBJECTIVES 1 To establish a clear and consistent basis for the use of publicly owned vehicles. .2 To enhance the intended utilization of publicly owned vehicles. To prevent the inappropriate use of City vehicles. .4 To provide for the most cost - effective means of transportation required for the conduct of civic business and the management of City resources. .5 To provide a clear understanding that certain positions are required to "regularly and routinely" be present when their employees are carrying out their responsibilities at times other than what are considered as normal working hours. 6 To provide a clear understanding that certain positions are expected to respond to the needs of the community other than during normal hours, and at locations other than at the normal place of business. 7 To ensure that City vehicle usage is in conformance with Revenue Canada guidelines. 203 4.0 GUIDELINES Provided in this section are guidelines which are to be applied in administering this policy. 1 City vehicles will be assigned only to those positions which have a definite and continual requirement for operational transportation. Such assignment must be recommended by the member of senior staff responsible and be specifically approved by the City Manager. Senior staff is defined as the Assistant City Manager /Commissioner /Chief level. .2 All vehicles will be appropriately identified as follows; 1) Cars and light trucks, up to and including the 1 tonne range of vehicles, shall be purchased to a standard manufacturer fleet colour of white, 2) The City of Saint John crest presently applied to vehicles, shall be replaced with the official "Explorer Crest ". This crest must be prominently displayed on the front driver's, and passenger's doors, and include the words "Saint John" which are to be placed directly under the crest, 3) Each vehicle in this category shall be identified with a 3 digit "vehicle number" in the form of a numeric decal clearly displayed on each of the front fenders and in an appropriate location at the rear of the vehicle as determined by its configuration. This vehicle number is assigned by the user departments and may change throughout the life of the vehicle, 4) Each vehicle in this category shall be assigned a 4 digit "Equipment Number" which will be displayed in the form of a self adhesive tag applied in close proximity to the fuel fill pipe. This number is assigned by Fleet Administration upon registration of the vehicle and shall remain unchanged throughout the life of the vehicle, 5) Vehicles in this category, shall, as deemed necessary by the Fleet Administrator, be affixed with a high intensity, reflective stripe down each side and across the rear of the vehicle. This high intensity stripe is to be white so as not to act as a department identifier or to add to or detract from the appearance of the vehicle, 204 F41 Ou 6) Vehicles in this category and purchased for use by Saint John Water may deviate from the policy as it relates to the application of the "Explorer Crest ". Saint John Water may replace the "Explorer Crest" with the Saint John Water Logo. .3 Exemptions from section 4.2 of this guideline are; 1) Vehicles purchased for use by the Saint John Police Force and the Saint John Fire Department, 2) Vehicles assigned to the Mayor, the City Manager and any unmarked vehicles assigned to specific senior management staff, as approved by the City Manager, 3) Commercially rented vehicles, 4) The paint colour of trucks of a size greater than the 1 tonne range of vehicles shall remain unchanged, 5) The paint colour of construction equipment, trailers and floats, attachments and miscellaneous equipment shall remain unchanged. .4 City vehicles are not to be taken outside City limits, unless specifically being used for City business. 5 City vehicles will be used only in connection with civic responsibilities and taken home only by staff who are required to be available for operational purposes or are specifically "on call ". .6 Eligibility for mileage allowance must be approved, in advance, by the City Manager or member of senior staff responsible for the department concerned. 7 Use of a private vehicle for City business will be certified by the department head and payments for such usage approved by the department head. .8 That the City has identified the following positions as being eligible for receipt of a monthly allowance: Manager (Director) of Works $250.00 mth. Manager (Director) of Water & Sewerage $250.00 mth. Manager (Director) of Recreation $200.00 mth. Manager (Director) of Parks $200.00 mth. 205 The receipt of the monthly allowance precludes these positions from claiming any other reimbursement from the municipality for use of their vehicle within the municipality. However, it does not preclude the positions from utilizing a municipal vehicle during normal business hours should one be available when needed. 5.0 RESPONSIBILITIES 1 Fleet Management - General fleet management and maintenance of City vehicles and pieces of motorized equipment will be the responsibility of Materials Management, a division of Corporate Services. .2 Department Assignment — Vehicles and motorized equipment will generally be assigned for operational purposes to departments. The department head will be responsible for the internal management of all vehicles and pieces of motorized equipment so assigned. Vehicle Pools — A number of vehicles will be retained for a vehicle pool to meet, as far as possible, day -to -day transportation requirements of civic departments, beyond department allocations. Responsibility to administer the vehicle pool will be in accordance with procedures established by the City Manager. 6.0 PROCEDURES Procedures required for the administration of this policy will be established under the authority of the City Manager. APPROVED BY COMMON COUNCIL ON NOVEMBER 26, 1990 UPDATES: • Sections 2.0.5 and .6, 3.0.5 and .6 and 4.0.8 added per O.C.C. May 15, 1995 • Section 4.0.2 amended per O.C.C. May 15, 1995 • Section 5.0.1 amended per O.C.C. August 23, 1999 • Sections 4.0.2 and .3 amended per O.C.C. May 7, 2007 206 REPORT TO COMMON COUNCIL October 26, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: 1 The City of Saint john SUBJECT: 2012 Fleet Replacement Program Update BACKGROUND: At the meeting of Common Council held on October 22nd, 2012 the proposed Fleet Replacement Program for 2012 was presented to Common Council. Staff were asked to revisit the vehicles proposed for replacement with the affected service areas. Based on this additional review and discussion with operating departments, the need for the replacement of these vehicles has been confirmed. ANALYSIS: The service areas for which these replacement vehicles and equipment are being proposed are the services that have been indicated as priorities by Common Council, namely Transportation, Water, and Leisure. Two of the vehicles are required by the areas that provide support to front line services, these being Fleet Services and Facilities Management. Included in the list of vehicles proposed for replacement is a truck for line painting. It is proposed that this vehicle be given approval contingent upon Common Council receiving a forth coming report related to line painting. 207 Report to Common Council Page 2 October 26, 2012 RECOMMENDATION: It is recommended that Common Council approve the acquisition of vehicles and equipment as identified in the attached Schedule 1 at a cost not to exceed $2,360,000 plus applicable taxes. Respectfully submitted, gory JZep`ians, CGA, MBA mmiss W of Finance and Administrative Services J. a rick Woods, CGA City Manager Attachment w 2012 Fleet Replacement Program City of Saint John Vehicle Replacement List Department Ref # Description Purchase Price Mntc Costs Odometer Reading ORP Pt Replacement Vehicle Replacement Cost Transportation and Environment 574 12004 FORD F450 4X4 DUALS 49,163 121,632 145,804 28 Truck, 1 ton 4wd 60,000 Transportation and Environment 577 12005 FORD F450 4X4 54,518 153,381 196,863 30 Truck, 1 ton 4wd 60,000 Transportation and Environment 595 12005 FORD F450 4X4 54,130 142,450 183,154 29 Truck, 1 ton 4wd 60,000 Transportation and Environment 601 12004 STERLING CAB /CHASSIS 154,391 195,362 104,569 26 Truck, single sander 200,000 Transportation and Environment 608 12004 STERLING 6 -YARD 154,391 324,656 193,435 31 Truck, single sander 200,000 Transportation and Environment 657 12004 STERLING TANDEM 189,143 237,916 98,999 26 Truck, tandem sander 225,000 Transportation and Environment 665 1997 ASPHALT RECYCLER 72,500 56,099 4,503 26 Asphalt recycler, 4 -ton 50,000 Transportation and Environment 640 2001 FREIGHTLINER PACKER 72,200 183,575 195,401 34 Truck, tandem packer 200,000 Transportation and Environment 643 2003 FREIGHTLINER PACKER 140,076 238,667 165,002 30 Truck, tandem packer 200,000 Transportation and Environment 835 1992 ASPHALT ROLLER 24,921 59,853 278 33 Asphalt roller 35,000 Transportation and Environment 548 1993 CWS CAB /CHASSIS 45,964 68,650 47,376 34 Truck, line painting 200,000 Transportation and Environment 578 12005 FORD F150 4X4 26,537 40,889 196,417 29 Truck, 3/4 ton 4wd 45,000 SJ Water 444 12000 INTL. CAB /CHASS. 105,250 146,543 203,241 35 Truck, tandem gravel 180,000 SJ Water 447 12001 INTL. CAB /CHASSIS 101,375 159,831 159,866 32 Truck, tandem gravel 180,000 SJ Water 430 12004 DODGE RAM 2500 4X4 42,374 122,415 302,531 36 Truck, 3/4 ton 4wd 45,000 SJ Water 412 12006 GMC CARGO VAN 28,304 43,015 263,212 31 Van, Cargo 30,000 SJ Water 428 12006 FORD F450 SUPER 67,308 55,195 126,873 24 Truck, 3/4 ton 4wd 45,000 SJ Water 434 12007 FORD F450 4X4 50,535 54,628 136,015 25 Truck, 3/4 ton 4wd 45,000 SJ Water 436 2001 FORD F250 4X4 31,678 29,635 120,274 29 Truck, 3/4 ton 4wd 45,000 Lesisure Services 282 -02 2001 OLYMPIA ICE MACHINE 34,743 69,398 3,507 42 Ice Machine 80,000 Lesisure Services 282 -07 2007 OLYMPIA ICE MACHINE 55,950 86,479 1,144 31 Ice Machine 80,000 SJ Fire Department 003 2007 DODGE DURANGO 48,684 28,581 174,161 24 Truck, 1/2 ton 4wd 30,000 Fleet Services 308 2001 FORD 3/4 TON 4X4 53,926 74,153 113,345 30 Truck, 3/4 ton 4wd 45,000 Property Management 360 12004 DODGE RAM 2WD 22,533 24,327 129,148 27 Truck, 1/2 ton 4wd 20,000 Total Program Estimate 2,360,000 OR,, Actionable Resolutions - Reflecting up to the October 15, 2012 Council Meeting Date Made Resolution Councillor Staff Status RESOLVED that city staff bring forward a recommendation to Common Council on the feasibility of implementing anti - whistling legislation which would limit the use of train horns during specific hours in locations where railway crossings are in close proximity to residential neighbourhoods and people are subsequently 6/9/2008 affected. Donnie Snook City Manager Incomplete RESOLVED that the City Manager present a report to Common Council on the implementation of a 311 municipal phone service and /or other methods of improving the customer service for the 11/3/2008 City of Saint John. Donnie Snook City Manager Completed That the letter from Dennis & Janice Griffin regarding payment for 11/24/2008 land be referred to the City Solicitor. n/a City Solicitor Completed Common Council authorize the City Manager to continue to negotiate a purchase price, along with terms and conditions for an agreement with North Star Holdings Limited exclusively for a period not to exceed 100 days from the date of this resolution, or until such time as North Star Holdings Ltd. has stated in writing they are no longer interested in pursuing the aforementioned property identified above in (1), whichever is the lesser of the 12/8/2008 two n/a City Manager Completed RESOLVED that the submitted letter from Karen Kincade dated October 21, 2008 be formally referred to the Ability Advisory Board for a full and comprehensive report on all of the various topics; and further, that upon request, City staff provide the Council's Ability 12/22/2008 1 necessary support to the Advisory Committee; IJoe Mott jAdvisory Board lIncomplete Pit( Date Made Resolution Councillor Staff Status RESOLVED that the City Manager bring forward a report to Council, outlining the mandates and /or justification for the various commissions, boards and committees of common council and subsequently make recommendations on how we could create greater efficiencies by reducing the number of commissions, boards and committees of Council through the elimination and /or consolidation of any of these bodies and 1/12/2009 through the establishment of clear reporting procedures. Donnie Snook City Manager Incomplete RESOLVED that the letter from Councillor Killen dated January 21, 2009 regarding an exemption from flat rate water use increases be referred to the City manager and the City Solicitor for a report City Manager and 1/26/2009 and recommendations. Carl Killen City Solicitor Incomplete RESOLVED that the Acting City Manager hold a meeting with the representatives of Partners for Workplace Inclusion to open a dialogue regarding the possibility of establishing a formal relationship with respect to employment opportunities for clients 8/4/2009 working with their organization. n/a City Manager Completed RESOLVED that the priorities outlined in the presentation from the Ability Advisory Committee be referred the Acting City Manager for a report and recommendation, and further, that the report include a review of the City of Saint John's workforce and 8/31/2009 1 human resources practices to ensure inclusion /diversity practices. I n/a I City Manager lIncomplete 211 Date Made Resolution Councillor Staff Status RESOLVED that Council consider strengthening whatever by -laws exist that safeguard monuments and public spaces, specifically that sitting, standing, skate - boarding and /or other activities be prohibited on monuments; that signage be erected that indicates such prohibitions; that consideration be given to some form of general prohibition on loitering, the details to be provided in a report on the issue developed by the City Manager in 9/29/2009 consultation with the City Solicitor and with the police. Carl Killen City Manager Incomplete RESOLVED that the Acting City Manager be directed to report back to Council by January 15, 2010 with respect to the existing policy, or the proposed new policy, for the remediation of 12/7/2009 building sites. Peter McGuire City Manager Completed RESOLVED that the City Manager be directed to develop a policy framework which will allow City Staff to work safely within the area of community engagement forums, and further, that a report and recommendation be submitted to Council by June 1, 3/29/2010 2010. Peter McGuire City Manager Incomplete Staff report back to Council with the results of the Environmental Impact Assessment and a plan for phased implementation of the 5/25/2010 detention ponds and remaining Associated Works. n/a City Manager Incomplete RESOLVED that the City Manager include within the upcoming municipal review being conducted by the firm Knightsbridge Robertson Surrette, a review of all of our existing economic business development models with a critical focus on 6/7/2010 governance, strategic direction and outcome delivery. Peter McGuire City Manager Completed Direct staff to develop a long term strategy, in consultation with the neighbourhood and developers, for appropriate future 6/7/2010 standards for these developments. n/a City Manager Completed P &K Date Made Resolution Councillor Staff Status Council direct appropriate city staff to work with Saint John Waterfront Development regarding land use planning, zoning and property issues, and that Saint John Waterfront Development be required to report back to Council at appropriate times to provide updates on the project; also consult with the public on an annual 6/7/2010 basis regarding the proposed Reversing Falls project. n/a City Manager Completed After a period of reflection, further analysis and feedback, consider a public utilities commission structure of governance for Saint John Water to provide focused leadership of an increasingly complex water services enterprise, guide long -range planning, support innovation and continuous improvement, pursue revenue options, and enhance public and stakeholder dialogue; and refer the proposition to the Organizational Realignment process currently underway to consider the legal, financial, HR and other organizational issues that would emanate from this 7/19/2010 move. n/a City Manager Completed Direct that a multi disciplinary staff team, including the City Solicitor, examine the existing legislative context in light of the proposal set out herein and identify any amendments which might be required to realize this proposal; and, additionally, that the nature and scope of authority of a public utilities commission, together with its terms of reference, guiding principles, stewardship responsibilities and relationship with Council, be 7/19/2010 articulated for submission to and consideration by Council. n/a City Solicitor Incomplete RESOLVED that the City Manager report back to Council in one month's time with a short term and long term plan for the enhancement of the green space area adjacent to the Martinon 9/13/2010 lCommunity Centre. I Peter McGuire I City Manager lIncomplete 213 Date Made Resolution Councillor Staff Status RESOLVED that the City Manager and the City Solicitor be directed to investigate the feasibility of creating a deferral payment plan, or other options, for citizens who cannot afford to City Manager and 12/20/2010 pay for future water utility increases. n/a City Solicitor Incomplete RESOLVED that the City Manager explore the feasibility of creating an "After Hours" PALS program support model for the City of Saint John's Community Centres in order to ensure that children and youth have an increased level of mentorship, support, and recreational opportunities. The goal is to ensure there are sustainable and enhanced programs in our community centres through the establishment of creative partnerships with 1/4/2011 local businesses. Donnie Snook City Manager Incomplete RESOLVED that the City Manager be directed to examine neighbourhood enhancement ideas, and possible policy changes, for the Ocean West Way area, reporting back to Council at the 1/31/2011 appropriate time. Peter McGuire City Manager Completed RESOLVED that the City Manager direct the appropriate City of Saint John staff to open discussions with the owners of the listed properties on Manawagonish Road to begin the process of remediation, with a forthcoming report updating Common 2/14/2011 Council. Peter McGuire City Manager Incomplete RESOLVED that as recommended by the Committee of the Whole (Closed Session), the City Solicitor or his designate be authorized to commence legal proceedings against the Town of Rothesay before the Court of Queen's Bench of New Brunswick arising from the Town of Rothesay's breach of a 1996 Agreement between its predecessor, the Village of Renforth, and The City of Saint John respecting the supply of water by The City of Saint John to the areas known as Kennebecasis Park and Hastings Cove 2/14/2011 1 in the Town of Rothesay. I n/a City Solicitor lincomplete ICAE! Date Made Resolution Councillor Staff Status Seek appropriate cost sharing agreements with the Province of New Brunswick and the Government of Canada for total Program funding over four years (2012 to 2015) of $172,300,000 (or approximately $57,433,000 from each funding 4/11/2011 partner) n/a City Manager Incomplete RESOLVED that the letter from Councillor Farren entitled By -Law to Prevent the Feeding of Deer Within City Limits be referred to 5/24/2011 the City Solicitor for a report and recommendation. Bill Farren City Solicitor Incomplete RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -149: Glen Falls Flooding and Residential Relocation, Common Council: 3) Reviews the Flood Risk By -law as it may be applied to the flood risk area identified in the forebay; reviews By -law for changes to prevent further residential construction in the flood risk areas; revises flood risk areas based on Stormwater Management 6/20/2011 Strategy model; n/a City Solicitor Incomplete RESOLVED that the City Manager be directed to examine every option to find the funds for the noted repairs at Seaside Park and report back to Council as soon as possible so these repairs can 7/4/2011 move ahead in 2011. Bill Farren City Manager Incomplete RESOLVED that Council refer to the City Manager for a review, recommendation (and, if recommended implementation prior to the end of September 2011) on a trial basis the installation and broadcast of a live webcam feed from Rockwood Park and Rainbow Park with a view to establishing similar webcam feeds 7/4/2011 from other popular Saint John locations. Mel Norton City Manager Incomplete RESOLVED that the submitted letter from the Leisure Services Advisory Board be referred to the City Manager for a report and 7/4/2011 recommendation. n/a City Manager Incomplete IC.lP Date Made Resolution Councillor Staff Status RESOLVED that the City Manager review the steps necessary for direct investment from the General Fund in clean water infrastructure in Saint John, and how the payment of this investment can be generated beyond the water ratepayers, and 8/15/2011 to report back to Council on this matter. Mel Norton City Manager Incomplete RESOLVED that Item 4.3 Standing Committee System be referred to the Common Clerk, City Manager and City Solicitor to prepare City Manager, City a draft by -law with respect to the implementation of a Standing Solicitor and 8/29/2011 Committee System. n/a Common Clerk Completed RESOLVED that the matter of chalk art and busking on the City streets and sidewalks be referred to the City Manager and City City Manager and 9/12/2011 Solicitor for a report and recommendation. Ivan Court City Solicitor Incomplete RESOLVED that the City Manager be directed to explore the possibility of establishing a closer financial relationship with the Parking Commission whereby the City could potentially receive 9/12/2011 revenue from on- street and off - street parking. n/a City Manager Incomplete RESOLVED that Common Council direct the City Manager to report to Council on a bi- weekly basis regarding the progress on 9/19/2011 Council's number one priority — "Safe Clean Drinking Water ". n/a City Manager Icompleted W1 Date Made Resolution Councillor Staff Status That the City give written notice to the New Brunswick Power Nuclear Corporation and the New Brunswick Power Holding Corporation in the submitted form of the City's desire to negotiate a new or replacement agreement to the agreement executed on November 2nd,1999 between the City and the New Brunswick Power Corporation respecting the City's provision of fire protection services on the latter's behalf at the Point Lepreau Nuclear Generating Station in accordance with Article 5 thereof (the "1999 Agreement "), and further Common Council direct the Acting Fire Chief or his designate, in collaboration with the City Solicitor or his designate, to negotiate and draft a new or replacement agreement to the 1999 Agreement with the appropriate corporate entity for the subsequent consideration of Common Council and such City Manager and 10/3/2011 appropriate corporate entity. n/a City Solicitor Incomplete That the letter from D. & J. Griffin regarding a request to subdivide a parcel of land on Griffin Lane, be referred to the City 10/11/2011 Manager. n/a City Manager Completed Direct the City Manager to further explore and implement the creation of an interdepartmental staff committee to review current planning applications as part of the planning report 10/11/2011 writing process; n/a City Manager Completed RESOLVED that the Common Clerk forward all previously submitted reports regarding Safe Clean Drinking Water and all future reports on the subject to the local provincial caucus and to 10/24/2011 MP Rodney Weston. n/a Common Clerk Incomplete That the letter from Kirby Lucas regarding parking on Regent 11/7/2011 Street be referred to the City Manager. n/a City Manager Incomplete QVII Date Made Resolution Councillor Staff Status Commissioner of Refer this report to the Commissioner of Finance for an Finance and affordability analysis of the PS &I Plan Version 2 and financial Administrative 11/7/2011 recommendations; n/a Services Incomplete RESOLVED that through the City Manager the appropriate staff (presumably Mr. Forrest) update Council with respect to their 11/21/2011 efforts on the Fairville Blvd Corridor Enhancement Plan. Peter McGuire City Manager Completed RESOLVED that Council request a progress update from the Saint Saint John John Development Corporation every month in closed session Development 11/21/2011 Committee of the Whole meeting. Peter McGuire Corporation Completed That Common Council direct the City Solicitor to commence the process of revising the By -law in a manner that incorporates the 12/5/2011 reform recommendations outlined in this report; n/a City Solicitor Incomplete That Common Council extend the mandate of the Review Committee for the sole and discrete purpose of: (1) considering policy issues that may arise during the by -law drafting process, and (2) studying and making recommendations to Common Council regarding the setting of metered by -law rates (distance rate, passenger rate and standing rate) that will apply upon the enactment of the new 12/5/2011 1 By -law; I n/a jCommonCouncil lCompleted Q R] Date Made Resolution Councillor Staff Status That the Advisory Committee be immediately tasked with studying and making recommendations to Common Council regarding: (1) the setting of the technical /operational requirements of the meters to be used in the Taxi Industry, and (2) the setting of a program to inspect and test the integrity of meters and to develop a system that renders meters "tamper proof ". Once the work of the Advisory Committee is carried out, Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Committee into the By -law. That the Advisory Committee be immediately tasked with studying and making a recommendation to Common Council regarding the curriculum and implementation of taxicab driver training program. Once the work of the Advisory Committee is carried out, Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Advisory 12/5/2011 Committee into the By -law. n/a Committee Incomplete That the City Manager, Common Clerk, City Solicitor and Chief of City Manager, Police be directed to provide staff resources, as required, to assist Common Clerk, the Advisory Committee in the discharge of its responsibilities City Solicitor and 12/5/2011 under paragraph 4 and 5 above. I n/a Police Commission Completed P & &o: Date Made Resolution Councillor Staff Status That the Chief of Police and the City Solicitor to be directed to review the administration and enforcement requirements under the By -law and advise Common Council of the resources required to properly carry out these functions. The purpose of this exercise will be to ensure that the license fees charged under the By -law Police Commission 12/5/2011 will achieve cost recovery for administration and enforcement. n/a and City Solicitor Incomplete 4) Follows up to determine the current storage space available in 6/20/2011 the forebay area; n/a City Manager Incomplete 5) Prepares a comprehensive program of inspection and 6/20/2011 maintenance for Marsh Creek Drainage system; n/a City Manager Incomplete 6) Updates a flood response contingency plan in the event of flooding with warnings and public communications for severe 6/20/2011 events — through Saint John EMO; n/a City Manager Incomplete 7) Engages the services of a consultant to determine the benefit and feasibility of constructing detention reservoirs on Kelly Lake 6/20/2011 and Ashburn Lake and models the performance of Majors Brook n/a City Manager Incomplete 8) Consults with the YMCA (owners) concerning Ashburn Lake to determine interest in possibly re- building an outlet control structure for the dual purposes of the recreation facility and flood 6/20/2011 water storage; n/a City Manager Incomplete 9) Consults with appropriate staff of other government levels (eg NBEMO) regarding flood assistance and other programs that may 6/20/2011 be pertinent to this situation; n/a City Manager Incomplete 10) Consults with owners (Irvings) of the forebay lands to City Manager and 6/20/2011 determine current status; n/a City Solicitor Incomplete 11) Develops a feasible assistance program for private property owner based on an appropriate cost sharing model and pursue tri 6/20/2011 level government support; n/a City Manager Incomplete NOV Date Made Resolution Councillor Staff Status 12) Directs the City Solicitor to review the legal ownership of the creek system and physical structures and responsibilities arising therefrom for maintenance and efficiency performance in 6/20/2011 carrying flows. n/a City Solicitor Incomplete RESOLVED that report dated December 9, 2011 entitled Consultant's Report — Fleet Evaluation Project, and the Executive Summary from Mercury Associates, be referred to the City Manager and Fleet Staff with a directive to report back to Council with; a) The development of a comprehensive fleet utilization and replacement policy, b) The development of a business model that will see the complete recovery by the Fleet Services Division of their operating costs while providing sufficient funding from the annual operating budget to facilitate a stable and sustainable fleet replacement program, c) The development of a Fleet operational model that will support an efficient and effective division that will work cooperatively with the user departments to provide them with the information they need to determine the most cost effective levels of service they can provide with the available assets, and d) To create a process for the periodic review of the size, configuration and effectiveness of the fleet related to service 12/12/2011 delivery. n/a City Manager Incomplete RESOLVED that the City Manager be directed to report to Council on whether an interim connection to Josselyn Road, such as a biking and walking path, would be more appropriate than the proposed road until such time as Josselyn Road can be upgraded 12/19/2011 Ito include sidewalks and associated infrastructure. I Mel Norton I City Manager lCompleted 221 Date Made Resolution Councillor Staff Status RESOLVED that should the proposed Knights of Columbus housing project off of Loch Lomond Road receive funding, the City Manager be directed to bring forward a report identifying the cost of upgrading the existing portion of Josselyn Road to the 12/19/2011 current municipal standard. Ivan Court City Manager Completed RESOLVED that the City Manager be directed to submit a plan and recommendation so as to bring the City of Saint John's water and sewerage rates within the average cost of communities in New Brunswick, within a defined period of time, including a review of other similarly situated municipalities throughout Canada, including comparators in terms of the technology of water and wastewater systems along with scenarios based on cost sharing 12/19/2011 and non -cost sharing models projecting out to 2025. n/a City Manager Incomplete RESOLVED that the letter from Councillor Farren entitled Saint John Trade and Convention Centre Need for Revitalization be referred to the 2012 budget deliberations; and further, that the matter be referred to the City Manager to explore possible 1/3/2012 funding opportunities through other sources. Bill Farren City Manager Completed RESOLVED that Common Council receive the submitted report entitled Fairville Boulevard Planning Study for information and direct the City Manager to proceed with the preparation of the "Golden Mile Corridor Plan" in general accordance with the submitted Project Scope document provided that adequate funding is available within the 2012 budget of the Planning and 1/3/2012 1 Development Department. n/a City Manager lCompleted WIX Date Made Resolution Councillor Staff Status RESOLVED that the City Manager be directed to ensure that necessary and appropriate steps are taken to communicate Council's support with regard to the proposed tax relief measures for public transportation systems in New Brunswick as outlined in Councillor Snook's submitted letter entitled Public Transportation Tax Reforms, Generation of New Revenue for Transit and 1/3/2012 Innovative Transportation Solutions. Donnie Snook City Manager Incomplete RESOLVED that the City Manager be directed to explore potential City Manager, partnerships /funding for the creation of innovative transportation Parking options in the City of Saint John; and further that this be referred Commission and 1/3/2012 to the Parking Commission and to Enterprise Saint John. Donnie Snook Enterprise SJ Incomplete RESOLVED that Council direct the City Manager to draft a governance policy on the appropriate use and non - appropriate use of City owned vehicles; and further, that this draft report be presented to Council no later than the first Council meeting of 1/3/2012 March 2012. Bill Farren City Manager Incomplete That the request to present by the Saint John Port Authority be 1/16/2012 referred to the Common Clerk for scheduling. n/a Common Clerk Incomplete RESOLVED that the City Manager be directed to contact the Minister of Social Development with respect to receiving data regarding the actual number of approved affordable housing units 1/16/2012 coming to Saint John during 2012, and report back to Council. Peter McGuire City Manager Completed RESOLVED the report entitled M &C 2012 -013: Traffic Line Painting Truck be tabled and the City Manager be directed to investigate whether the neighbouring municipalities would be interested in cost - sharing the traffic line painting truck; and further, that the cost of contracting out the service also be Common Clerk and 1/16/2012 1 investigated. I n/a I City Manager lIncomplete 223 Date Made Resolution Councillor Staff Status That the Wright letter regarding the Wade -Myles Aviation Park be 1/30/2012 referred to the City Manager. n/a City Manager Completed RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -20: Traffic Line Painting Future Service Delivery: 1. Delay the purchase of updated traffic line painting equipment and salting /sanding attachment, and 2. Direct the City Manager to complete a detailed Traffic Line and Marking Service Outsourcing Decision review and recommend a 1/30/2012 service delivery model to Council in 2012. n/a City Manager Incomplete That the letter from the Saint John Ability Advisory Committee 2/13/2012 regarding Transportation be referred to the Transit Commission. n/a Saint John Transit Incomplete RESOLVED that Item 11.2 Defined Contribution Plan (Councillor Sullivan) be referred to the City Manager, with any necessary resources, to report expeditiously to council on the process to transition the City of Saint John pension plan to a defined 2/13/2012 contribution plan. Gary Sullivan City Manager Completed RESOLVED that the City Manager be directed to examine the speed limits on the Westfield Road from the Co -op to the new section at the Saint John Marina and report back to Council 2/27/2012 whether this entire section can be changed to 50 km per hour. Bill Farren City Manager Completed That as recommended by the City Manager in the submitted report M &C 2012 -046: Space Needs Analysis: 1. That The City of Saint John accept Ashford Properties Inc.'s offer to perform, for the City, a space use optimization analysis for the City's leasable area at City Hall; and further 3/12/2012 12. That Staff report back to Council upon receipt of the Report. I n/a I City Manager lIncomplete POZ! Date Made Resolution Councillor Staff Status RESOLVED that the submitted letter from the Cities of New Brunswick Association, dated February 14, 2012, regarding the adoption of a by -law respecting Jacob brakes be referred to the 3/26/2012 City Solicitor for a report. n/a City Solicitor Incomplete RESOLVED that Common Council re- establish the City's affiliation with 410 Squadron and that the Cultural Affairs Officer make arrangements for a suitable ceremony to take place in September 2012 during the Annual Conference of the Canadian Aviation 3/26/2012 Historical Society. n/a City Manager Completed RESOLVED that the City Manager be directed to bring forward a report on the transition of The City of Saint John's pension plan to 3/26/2012 an RRSP model. Patty Higgins City Manager Completed RESOLVED that item 11.2 Graffiti from the Common Council agenda of March 26, 2012, be referred to the City Solicitor with a view to preparing a report and recommendation on the implementation of the graffiti management by -law for the City of 3/26/2012 Saint John. Mel Norton City Solicitor Incomplete RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -057: Bally Desmond Subdivision Phase, The City of Saint John not accept any financial responsibility for the construction of Mattro Street from the A.J. Mallette & Sons (1985) Ltd. property line westward to connect to Jadvo Street as illustrated on the attached sketch; And Further, the City Solicitor be directed to prepare an appropriate resolution for the consideration of Common Council to establish a system of levies against those owners of property that have frontage on that section of Mattro Street from the A.J. Mallette & Sons (1985) Ltd. property line westward to Jadvo Street and develop or improve those properties to recover the cost of the street construction such that the proceeds of the levy 3/26/2012 Ican be forwarded to A.J. Mallette & Sons (1985) Ltd. I n/a I City Solicitor lCompleted O.(. ". Date Made Resolution Councillor Staff Status Common Council convene a Water Committee Meeting with provincial and federal counterparts. The meeting would provide an opportunity to exchange updates on the Safe, Clean Drinking Water Program, and inquire as to whether the Government of Canada is able to fund 50 percent of the costs to conduct the P3 Business Case and value for Money Study, and finally, to determine the level of support and cooperation from the 4/10/2012 Government of New Brunswick. n/a City Manager Incomplete RESOLVED that scenario four in the submitted report entitled Sport Field Fee Increases proposing an hourly sports field rate structure of $23.00 per hour for adults and $2.00 per hour for youth, be approved by Council; and that as recommended by the City Manager in said report, staff be directed to consult with members of the public and stakeholder groups about an overall policy guiding decisions on sport user fees and bring same back to 5/7/2012 Council for consideration. n/a City Manager Incomplete RESOLVED that the funding for lifeguards at our beaches previously withdrawn be re- instated, and further that the item be referred to the City Solicitor to examine if there is a legal process by which funding for lifeguards could be guaranteed annually and 5/7/2012 report back to Council. I Ivan Court City Solicitor lincomplete W210 Date Made Resolution Councillor Staff Status RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -122: Elias Management Group Inc. Proposed Multi -Unit Apartment Building - Churchill Boulevard Common Council adopt the following resolution: 3. It being understood that the City is neither explicitly nor implicitly obligated to enact any by -law to stop -up and close any public street, the City of Saint John gives its consent to the Elias Management Group Inc., at its sole cost, risk and expense, to initiate a variance application process for the development site intended to be the future location of a multi -unit residential building(s) including Vimy Court and Freedom Court, and further, directs Real Estate Services to negotiate the terms and conditions of sale with the Elias Management Group Inc. for the two (2) properties and to present to Common Council for its consideration a proposed Agreement of 5/7/2012 Purchase and Sale; and, n/a City Manager Completed 4. the Common Clerk send a letter to Elias Management Group Inc. regarding using the names Vimy and Freedom in the names 5/7/2012 of future streets in the development. n/a Common Clerk Completed RESOLVED that as recommended by the City Manager in the submitted report entitled ONE Change Inc. Proposal - Community Centre Management & Operations, the City Manager be directed to finalize a formal service agreement with ONE Change Inc. for the operation of the C.E. Nicolle Community Centre for Council's 5/7/2012 consideration and approval. n/a City Manager Incomplete RESOLVED that the City Manager be directed to present a progress report to Council with regard to Rainbow Park. This report should provide P.U.LS.E with the opportunity to update 6/18/2012 1council on the work it has undertaken with regard to same. Donnie Snook City Manager lincomplete WAN Date Made Resolution Councillor Staff Status RESOLVED that report to Common Council highlighting the key components of City's internal and external communication strategy updating Council with regard to the various items 6/18/2012 outlined in Councillor Snook's submitted letter. Donnie Snook City Manager Incomplete That the Multicultural Association of Saint John Inc. request for a representative from The City to the Board of Directors of the Multicultural Association, be referred to the Nominating Nominating 6/18/2012 Committee. n/a Committee Incomplete That as recommended by the City Manager in the submitted report M &C 2012 -158: Completion of the Outdoor Plaza Work — Harbourfront Residences at Three Sisters, the construction of the Outdoor Plaza at the Harbourfront Residences at Three Sisters be awarded to Milestone Construction at the submitted price of $347,854 and further, that the City Solicitor be directed to draft an appropriate agreement for this work subject to the future 6/18/2012 review and approval of Common Council. n/a City Solicitor Completed That as recommended by the City Manager in the submitted report M &C 2012 -150: Demolition of a fire - damaged and dangerous building at 53 Victoria Street (PID #55036461) 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, arrange for the demolition of the building at 53 Victoria Street (PID # 55036461), in accordance with the applicable City 6/18/2012 purchasing policies. n/a City Manager Completed RESOLVED that the City Manager consult with the City's Transportation Department to attempt to adjust funding in order that as many pot holes and major cracks be fixed as soon as 6/18/2012 1 possible, as well as repaving entire city streets. IShirley McAlary I City Manager lCompleted wx-] Date Made Resolution Councillor Staff Status RESOLVED that the City Manager be directed to investigate the possibility of entering into an agreement with the Province of 6/18/2012 New Brunswick to snowplow and keep clear the Harbour Bridge. David Merrithew City Manager Completed RESOLVED that the Parking Commission be requested to investigate the feasibility of a pay -by -phone parking system and Saint John Parking 6/18/2012 report back to council with a recommendation in six weeks. Greg Norton Commission Completed RESOLVED that the Parking Commission be requested to investigate a text -to -pay (mobile payment) system for submitting parking violations and report back to council with a Saint John Parking 6/18/2012 recommendation in six weeks. Greg Norton Commission Incomplete RESOLVED that the City Manager be directed to add a staff 6/18/2012 directory listing to the City of Saint John website. Donna Reardon City Manager Incomplete That the Chen letter regarding stone markers in Rockwood Park 7/3/2012 be referred to the City Manager. n/a City Manager Completed That as recommended by the City Manager in the submitted report M &C 2012 -173: Contractor Access on City of Saint John Land that Council: 1. Give permission to a contractor or contractors to undertake improvements to Rainbow Park subject to direction from City staff. 2. Direct staff to prepare for Council's consideration a policy that would set out suitable guidelines and criteria to allow staff to 'fast 7/3/2012 track' certain projects without seeking explicit Council approval. n/a City Manager Incomplete That the letter from Saint John & Western Crime Stoppers City Manager 2013 7/3/2012 regarding funding be referred to budget deliberations. n/a Budget Completed RESOLVED that the letter from Councillor Farren entitled Formation of the Energy and Trade Development Committee of Common Council, be referred to the City Manager to seek input 7/3/2012 Ion the matter from representatives of the Irving Oil Refinery. Bill Farren City Manager lincomplete � ati Date Made Resolution Councillor Staff Status RESOLVED that the City Solicitor be directed to prepare a Procedural By -Law amendment so as to make it expressly clear in section 3.10 of the By -Law that the two- thirds vote required is two - thirds vote of the entire Council; and that the City Solicitor be directed to prepare for Council's consideration that amendment and, in addition the Solicitor be directed to bring to Council's attention all provisions of the By -Law which establish a two - thirds vote requirement and make any recommendation necessary so as to clearly establish in each case of reference to a two - thirds vote that it is either a two - thirds vote "of the entire council" or "of the members present and not disqualified from 7/3/2012 voting ". David Merrithew City Solicitor Incomplete RESOLVED that the Sculpture Saint John presentation be referred to the City Manager to arrange a meeting with the group to 7/16/2012 discuss the upcoming International Sculpture Symposium. n/a City Manager Completed RESOLVED that Common Council direct the City Manager to apply for funding under the Disaster Financial Assistance Program 7/16/2012 through the Province of New Brunswick for Mispec Park. n/a City Manager Completed RESOLVED that the letter from Mary Ellen Carpenter dated June 20, 2012 Regarding Truck Routes be referred to the City 7/16/2012 Manager. n/a City Manager Incomplete RESOLVED that as recommended by the Commissioner of Finance in the submitted report M &C 2012 -190: Cancel Tendering Process — Tender #2012- 081801T Public Plaza, the tender process for Tender No. 2012- 081801T - PUBLIC PLAZA be cancelled and Materials Management be directed to send a notice of 7/16/2012 Icancelation to all tenderers. I n/a I City Manager lCompleted ICAN Date Made Resolution Councillor Staff Status 1. Council direct the City Solicitor to engage in a comprehensive review of Bill 61 and its potential impact(s) on the City of Saint John and its operations. 2. Council direct the City Manager to participate in this review City Solicitor and 7/16/2012 process. Shelley Rinehart City Manager Completed 3. Council direct both the City Manager and the City Solicitor, working with the Intergovernmental Affairs Coordinator, to meet City Solicitor and 7/16/2012 the timelines of the Association. Shelley Rinehart City Manager Completed RESOLVED that the Police Commission be requested to investigate the implementation of a Citizen Online Crime Reporting System and report back to council with a 7/23/2012 recommendation in six weeks. Greg Norton Police Commission Incomplete RESOLVED that the City Manager be directed to commence the Budget process in a timely fashion to allow Council to receive the City Manager 2013 7/23/2012 2013 Budget prior to year end. Shirley McAlary Budget Completed RESOLVED that the letter from Councillor Snook entitled Budget 2013 — Schedule for Meetings and Public Consultation be referred City Manager 2013 7/23/2012 to the City Manager. Donnie Snook Budget Completed RESOLVED that, as Council's representative on the Transit Commission, Councillor Snook will work directly with other Municipalities in New Brunswick to ensure that necessary and appropriate steps are taken in order to successfully advocate tax reforms for public transportation in New Brunswick as outlined in Councillor Snook's submitted letter, dated July 12, 2012, entitled Public Transportation Tax Reforms and Innovative Transportation Saint John Transit 7/23/2012 ISolutions Tax Relief and Reforms. I Donnie Snook lCommission lIncomplete 231 Date Made Resolution Councillor Staff Status RESOLVED that as suggested in Councillor Snook's submitted letter, dated July 12, 2012, entitled Public Transportation Tax Reforms and Innovative Transportation Solutions Tax Relief and Reforms, Common Council request that Enterprise Saint John explore potential partnerships /funding for the implementation of Enterprise Saint 7/23/2012 creative and innovative transportation options. Donnie Snook John Incomplete RESOLVED that the City Manager be directed to investigate the possibility of using underutilized space for fire services by relocating emergency services from the aging infrastructure currently in place at Station 4 (36 Courtenay Avenue) to the Saint John Transit Operations Centre (55 McDonald Street) and prepare 7/23/2012 a recommendation for Council. Greg Norton City Manager Completed RESOLVED that the City Manager and /or City Solicitor be asked to answer the following questions: 1. Is the Zoo situated on lands belonging to the City of Saint John, and if so what is the tenancy agreement? 2. Who owns the assets of the Cherry Brook Zoo? 3. Where does the liability for the welfare of the animals lie should the Cherry Brook Zoo cease operations? 4. Are there any risk of financial, legal or other exposure for the City should funding be further reduced or eliminated and the Zoo City Manager and 7/23/2012 cease operations? Shelley Rinehart City Solicitor Completed RESOLVED that as outlined in the letter from Deputy Mayor Rinehart entitled Memorials, Council set a donation cap of 25 dollars for memorials with the donation being made to a charity listed in the obituary, and further that this process be followed 7/23/2012 Ifor a one year period. IShelley Rinehart I Common Clerk lCompleted fC.� N Date Made Resolution Councillor Staff Status RESOLVED that the City Manager, or his designate, be directed to review upcoming Council agendas and prepare briefing notes on 7/23/2012 those issues which are likely to attract media attention. Shelley Rinehart City Manager Incomplete RESOLVED that all media inquiries dealing with policy related matters for staff be directed to the City Manager, or his 7/23/2012 designate, in the first instance. Shelley Rinehart City Manager Completed RESOLVED that the City Manager and /or the Common Clerk be directed to develop a briefing document for all groups or organizations to which Council is asked to nominate or appoint members. Those briefing booklets should, among other things, clearly define the relationship between the group and Council, any contractual or other documented agreements between the group and Council and the nature of their appointment by City Manager and 7/23/2012 Council. Shelley Rinehart Common Clerk Incomplete RESOLVED that the Nominating Committee be tasked with developing a mechanism whereby (i) Council appointees provide regular written updates on the activities of the organization to which they have been appointed; (ii) Council appointees provide a record of their attendance; (iii) Council appointees provide Nominating information should a time sensitive issue come up that is of Committee and 7/23/2012 particular importance to Council or the City. Shelley Rinehart Common Clerk Incomplete b)The Common Clerk be directed to arrange a staff presentation from the City of Fredericton or Moncton with respect to the 7/30/2012 standing committee form of governance; and n/a Common Clerk Completed RESOLVED that the letter from Councillor Merrithew entitled Budget Process Study be tabled pending a report from the City Common Clerk and 7/30/2012 Manager. David Merrithew City Manager Incomplete 233 Date Made Resolution Councillor Staff Status RESOLVED that agenda item 15.2 Hoyco Productions Letter — Amateur MMA Events be referred to the City Solicitor for a report 7/30/2012 and recommendation. n/a City Solicitor Completed RESOLVED that the letter from Councillor MacKenzie dated July 23, 2012, regarding a presentation on a proposed traffic calming pilot program for Douglas Avenue from Morgan Lanigan, be referred to the City Manager to arrange a meeting with Mr. 7/30/2012 Lanigan prior to the presentation being scheduled with Council. John MacKenzie City Manager Completed RESOLVED that Council instruct the City Manager and City Solicitor to determine the process and mechanics required to join the two boards (Transit and Parking) and to report back to City Manager and 7/30/2012 Council. David Merrithew City Solicitor Incomplete RESOLVED that the City Manager be directed to provide a report outlining the legal and financial relationship between the City and the Trade & Convention Centre and a summary of needed work 7/30/2012 and related costs. John MacKenzie City Manager Incomplete RESOLVED that the report M &C 2012 -198: Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications be received for information, and further, that it be referred to the Leisure Services 7/30/2012 Leisure Services Advisory Board for comment. n/a Advisory Board Completed RESOLVED that item 12.6 Synopsis and Comment Upon the Regional Service Delivery Act be received for information; and further, that the City Solicitor be authorized to distribute this report to the Cities of New Brunswick Association and other 7/30/2012 municipalities. n/a City Solicitor Incomplete RESOLVED that the presentation from the Uptown Green Feet Committee regarding an active transportation route be referred to the City Manager for a report; and further that this matter be City Manager 2013 8/13/2012 referred to the 2013 budget deliberations. n/a Budget Completed WE Date Made Resolution Councillor Staff Status RESOLVED that the letter from Mayor Norton entitled United 8/13/2012 Way Presentation be referred to the Clerk for scheduling. Mel Norton Common Clerk Completed RESOLVED that item 11.5 Criminal Record Checks for appointees Common Clerk and 8/13/2012 be referred to the Common Clerk and City Solicitor. Susan Fullerton City Solicitor Incomplete RESOLVED that, for safety reasons, the City Manager investigate the historical and current designation of Manawagonish Road as a 8/13/2012 truck route. Shelley Rinehart City Manager Completed RESOLVED that the City Manager be directed to examine the truck routes in Saint John and make recommendations to 8/13/2012 improve public safety. Shelley Rinehart City Manager Incomplete RESOLVED that the City Solicitor be directed to prepare a draft fire prevention by -law, which is to include the cost of 8/13/2012 enforcement and cost recovery fees. n/a City Solicitor Incomplete RESOLVED that the submitted report entitled By -Law Respecting Unsecured Refuse on Properties, be received for information; and further, the City Solicitor be directed to report back with a draft By -Law Respecting Unsecured Refuse on Properties, by the end of 8/13/2012 November 2012. n/a City Solicitor Incomplete RESOLVED that the City Manager be directed to devise a plan to complete the outstanding resolutions of Council appearing on the 8/13/2012 Actionable Items /Record of Motions document. Bill Farren City Manager Incomplete RESOLVED that the report M &C 2012 -203: Adding Topsoil and Grass Seed to Vacant lots after a Dangerous Building has been Demolished by the City be received for information; and further, the City Manager be directed to examine additional possible 8/13/2012 methods to supply topsoil to vacant lots. John MacKenzie City Manager Incomplete RESOLVED that the City Manager be directed to provide a vehicle 8/13/2012 for Council to give input into the citizen survey questions. Greg Norton City Manager Completed Wei Date Made Resolution Councillor Staff Status RESOLVED that, notwithstanding the hiring freeze imposed by Common Council, the City Manager be directed to immediately 8/13/2012 commence the recruitment process to hire a Heritage Analyst. n/a City Manager Completed That the letter from Carleton Branch #002 regarding moving the 8/27/2012 cenotaph back to Tilley Park be referred to the City Manager. n/a City Manager Incomplete RESOLVED that item 8.1 Vibrant Communities — Urban Transportation Initiative be referred to the 2013 budget City Manager 2013 8/27/2012 deliberations. Donnie Snook Budget Completed RESOLVED that Common Council direct the Common Clerk to report back to Council regarding the creation of an electronic solution whereby the Nominating Committee: (1) Would have safe, secure and convenient access of applicant's resumes and CV's. (2) Could view a comprehensive list of the ABCs, their respective 8/27/2012 members and mandate Greg Norton Common Clerk Incomplete RESOLVED that weekly Council meeting be scheduled until the end of 2012 with Committee of the Whole closed session beginning at 4:30 p.m. and regular open session beginning at 6:00 8/27/2012 p.m. Shelley Rinehart Common Clerk Completed RESOLVED that the request from the Saint John Board of Police Commissioners to present to Council be referred to the Police Commission for further information respecting the nature of the 8/27/2012 presentation. Shelley Rinehart Police Commission Completed RESOLVED that item14.3 Watershed Land Acquisition Portion of PID 0428524 — 4361 Loch Lomond Rd be referred to the City 8/27/2012 Manager for a report and recommendation. n/a City Manager Completed RESOLVED that the letter from the Latimore Lake & Area Community Association dated August 2, 2012, be referred to the City Manager 2013 8/27/2012 12013 budget deliberations. I n/a IBudget lCompleted leA11. Date Made Resolution Councillor Staff Status RESOLVED that item 11.3 Press Releases (Councillor Fullerton) be 8/27/2012 referred to the City Manager for a report and recommendation. Susan Fullerton City Manager Incomplete RESOLVED that all lawsuits presently underway by the City be disclosed, in detail, to Mayor and all members of Common Council immediately, and that this is done in each and every City Solicitor and 8/27/2012 instance going forward. Susan Fullerton City Manager Incomplete RESOLVED that all lawsuits currently being advanced against the City, and all lawsuits against the City, of which the City is aware, be disclosed, immediately, in detail, to the Mayor and all members of Common Council, and that this is done in each and City Solicitor and 8/27/2012 every similar instance going forward. Susan Fullerton City Manager Incomplete RESOLVED that the request to present in closed session of Council from Saint John Development Corporation be referred to the 8/27/2012 Common Clerk to schedule. n/a Common Clerk Completed That the request to present to Council from the Saint John Board 9/10/2012 of Police Commissioners be referred to the Clerk to schedule. n/a Common Clerk Incomplete RESOLVED that the letter from Councillor Norton entitled Simms Corner be referred to the City Manager to arrange a meeting between City staff and Mr. Alan Benton, P. Eng.; and further, prior to a presentation being scheduled with Common Council that a report and recommendation be received from the City Manager 9/10/2012 on this item. Greg Norton City Manager Incomplete RESOLVED that the letter from Councillor Strowbridge entitled Snow Removal on Red Head Road be referred to the City Manager for a report back within 30 days regarding the City's 9/10/2012 current snow removal program. Ray Strowbridge City Manager Completed RESOLVED that Council direct the City Manager to report to Council in closed session within the next 30 days with respect to filling various staff vacancies, including that of the Deputy Fire 9/10/2012 IChief. IShirley McAlary I City Manager lincomplete fCAYA Date Made Resolution Councillor Staff Status RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -233: Construction of Mattro Street, Bally Desmond Subdivision Phase 3 that Common Council agree to reimburse A.J. Mallette and Sons (1985) Limited for those costs associated with the cost of constructing the extension of Mattro Street from the Mallette and Sons property line westward to Jadvo Street consistent with the Saint John Subdivision Bylaw and the City's General Specifications respecting the construction of streets. Further, it is recommended that the City Solicitor be directed to prepare or revise the necessary City /Developer Subdivision Agreement to ensure provision of the required work and facilities 9/10/2012 and the City reimbursement proposed. n/a City Solicitor Incomplete RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -222: Manawagonish Road Truck Route that Common Council: 1. Direct the City Solicitor to put in proper translated form an Amendment to the City's Traffic By -Law that removes Manawagonish Road with limits Ocean Westway to Fairville 9/10/2012 Boulevard from Schedule K (Truck Routes), and n/a City Solicitor Completed 2. Direct staff to examine all remaining Truck Routes in the City of Saint John in conjunction with the preparation of an updated 9/10/2012 Transportation Strategic Plan. n/a City Manager Incomplete RESOLVED that the letter from the Millidgeville -North End Lions regarding the Charles Gorman Canteen be referred to the City 9/10/2012 Manager. n/a City Manager Incomplete RESOLVED that the letter from Stephane Mann regarding a mobile vendor site be referred to the City Manager and the City 9/10/2012 ISolicitor. I n/a I City Manager lCompleted fCANI Date Made Resolution Councillor Staff Status RESOLVED that Council request that the City Solicitor report back to Council regarding a previous Council resolution respecting 9/10/2012 vendors in public spaces. n/a City Solicitor Incomplete RESOLVED that the request from the River Road Community Alliance Inc. and the Latimore Lake & Area Community 9/10/2012 Association be referred to the Clerk to schedule. n/a Common Clerk Completed That Chris Titus' letter of resignation from the Saint John Transit Nominating 9/24/2012 Commission be referred to the Nominating Committee. n/a Committee Completed That the Saint John Board of Police Commissioners Skills Matrix Nominating 9/24/2012 be referred to the Nominating Committee. n/a Committee Completed That the letter from Dr. M. Simon regarding a public - private partnership with Gorman Arena and /or Lord Beaverbrook Arena 9/24/2012 be referred to the City Manager. n/a City Manager Completed RESOLVED that the report from Morgan Lanigan regarding a proposed traffic calming pilot program for Douglas Avenue be 9/24/2012 referred to the City Manager. n/a City Manager Incomplete RESOLVED that the City Manager arrange for senior staff to complete a confidential 360 Review of members of Council the results of which would only be shared with the individual who is reviewed and the Mayor; and further, that Council complete a 9/24/2012 360 Review of the Mayor. Mayor Mel Norton City Manager Incomplete RESOLVED that Council direct the City Solicitor to amend By -law M -27 to include the mandatory use of an approved helmet and 9/24/2012 Ifurther that the amendment be referred to as Josh's Law. I Greg Norton I City Solicitor Incomplete Wet, Date Made Resolution Councillor Staff Status RESOLVED that Common Council amend the Procedural By -law if necessary to add a permanent number to the regular open meeting for the Supplemental Agenda items, could be number 16 and that Council also add another additional permanent number, could be number 17, for Items from Committee of the Whole Meetings and also review the procedural by -law that states that Council must lift items from the table before dealing with the 9/24/2012 items. Shirley McAlary City Solicitor Completed RESOLVED that Council direct the City Manager to investigate the 9/24/2012 elimination of Chesley Drive and Douglas Avenue as truck routes. John MacKenzie City Manager Incomplete RESOLVED that the Committee of the Whole recommends that the lighthouse be returned to the Town of Digby with the following conditions: 1. The Town of Digby will incur all costs of lighthouse transportation; 2. Digby and The City of Saint John will cost share the design and installation of a plaque commemorating the 'journey, history and cooperation" of two Bay of Fund communities; 3. The Saint John Development Corporation work with the Town Saint John of Digby to coordinate the removal; and Development 9/24/2012 4. An appropriate repatriation celebration be arranged. Shirley McAlary Corporation Completed RESOLVED that the Cherry Brook Zoo 2013 Budget and request to City Manager 2013 9/24/2012 present be referred to budget deliberations. n/a Budget Completed RESOLVED that the Multicultural Association of Saint John Inc. — Request for Free Space in a City -Owned Facility, be referred to 9/24/2012 the City Manager. n/a City Manager Completed RESOLVED that staff bring forward an action plan, along with a time table of such actions, to alleviate the flooding in Westgate 10/1/2012 Park. Bill Farren City Manager Completed lez,K Date Made Resolution Councillor Staff Status RESOLVED that the City Manager arrange a time to have all of Council brought up to speed on the pension changes that were put forward to the legislature for needed changes, otherwise 10/1/2012 known as S7b. Bill Farren City Manager Incomplete RESOLVED that the City Manager be directed to create a policy whereby heavily traveled streets in The City are paved in the off hours, and further, in cases where off hour paving is done that it not exceed 10 percent of normal cost and if so it is brought back 10/1/2012 for Council to decide on the value of doing so. Bill Farren City Manager Incomplete RESOLVED that the City Manager be directed to bring a policy forward for Council's approval respecting the use of City owned 10/1/2012 vehicles by the end of Oct 2012. Bill Farren City Manager Incomplete RESOLVED that the report entitled Planning Advisory Committee: Skills Matrix be referred back to the Planning Advisory Committee with the request that it submit a skills matrix to Common Council Planning Advisory 10/1/2012 in order to help ensure diversity on the committee. n/a Committee Incomplete RESOLVED that the request from the Canadian Folk Music Awards 10/1/2012 2012 Saint John Committee be referred to the Clerk to schedule. n/a Common Clerk Incomplete That the Discover Saint John request to present be referred to the 10/9/2012 clerk for scheduling. n/a Common Clerk Incomplete RESOLVED that item 15.1 entitled Harbour Skating Club — Request for Free Ice Time be referred through the City Manager to the 10/9/2012 Regional Mayor's Caucus. n/a City Manager Incomplete RESOLVED that item s11.1 entitled Parking on Douglas Avenue (Councillor MacKenzie) be referred to the City Manager to receive 10/9/2012 linput from the Parking Commission and Municipal Operations. lJohn MacKenzie I City Manager lIncomplete Q,II Date Made Resolution Councillor Staff Status RESOLVED that item s11.2 Animal Control By -Law (Councillor MacKenzie) be referred to the City Manager and City Solicitor to draft appropriate language for a proposed by -law amendment, and further that this be brought back to Council for approval City Manager and 10/9/2012 within thirty days. John MacKenzie City Solicitor Incomplete RESOLVED that item s12.6 Snow Removal on Red Head Road be 10/9/2012 tabled until such time that Councillor Strowbridge is present. n/a Common Clerk Completed RESOLVED that the River Road Community Alliance Presentation City Manager 2013 10/15/2012 be referred to budget deliberations. n/a Budget Completed RESOLVED that the City look into maintaining its vacant lots and 10/15/2012 that an acceptable standard of maintenance be established. Donna Reardon City Manager Incomplete 3. Council authorize staff to develop and issue the "Request for Proposal" for The Groundwater Supply Exploration Project to 10/15/2012 seek a consultant team to manage the project; n/a City Manager Completed RESOLVED that a revised policy with respect to requests by organizations to present to Council wherein organizations would provide a written submission to the Common Clerk's office to be added to the agenda for Council's review and that Council will make a decision as to the organizations that will appear before Council and further that the presentations be grouped together; and that Items 15.1 through 15.3 regarding the requests to present by various organizations are subject to this policy, be 10/15/2012 adopted. n/a Common Clerk Incomplete 11.1 RESOLVED that the City Manager be directed to advise Council of the list of vacant lots and lands, including parking lots, 10/22/2012 that could be advertised for sale. David Merrithew City Manager Incomplete lzK Date Made Resolution Councillor Staff Status s12.4 RESOLVED that the report M &C 2012 -263: 2012 Fleet Replacement Program be referred to the City Manager to report back to council, in order of priority, the vehicles requiring replacement, and further, that the report is to include information regarding why the vehicle needs replacement 10/22/2012 immediately. n/a City Manager Completed 12.6 RESOLVED that as recommended by the City Manager in the submitted report M &C2012 -272 City Market Head Tower — Hydraulic Flushing of Sprinkler Lines: 4) The Common Council refers the recommendation for a two - phased approach to the renovation of the City Market Head City Manager 2013 10/22/2012 Tower to 2013 budget deliberations n/a Budget Incomplete 14.2 RESOLVED that the Actionable Resolutions — Reflecting up to City Manager, City the October 15 Council Meeting be referred to the City Manager, Solicitor, Common 10/22/2012 ISolicitor and Common Clerk to update the list. I n/a ICIerk lIncomplete feZ19? The My of Saint John October 23, 2012 Deputy Mayor and Councillors Subject: Recommended Appointments to Committees RESOLVED that the Committee of the Whole, having met on October 22, 2012, recommends that the following appointments to committees be made: Saint John Development Corporation: to appoint Michael Simon for a three year term from October 22, 2012 to October 22, 2015. Aquatic Centre Commission: to appoint Shane Dickie for a three year term from October 22, 2012 to October 22, 2015. Destination Marketing Organization: to appoint Paula Radwan for a two year term from October 22, 2012 to October 22, 2014. Sincerely, Mel Norton Mayor (P SALWr VY -IN P0. Vcr.c' `371 Saint. John, NO tatwri LPL 4L7 C.P. 97-1 Saint John, M. -K C33nadi. EA 4Li 244 ,vcundy ,Cringe ,CestivAl October 5, 2012 Mayor Mel Norton and Members of Common Council REGEiVtU City of Saint John COMMON CLERK'S OFFICE PO Box 1971 OCT 17 1011 Saint John, NB E2L 4L1 CITY OF SAINT JOM Dear Mayor and Council, We are writing on behalf of a coalition of organizations to ask that the City of Saint John consider allocating $10,000 in the 2013 budget to support the development of the Fundy Fringe Festival- a new concept for a summer performing arts festival. As you may be aware, the Saint John Theatre Company has run a summer theatre festival called Theatre on the Edge for a number of years. This past summer, the festival was put aside in order to take time to explore how best to grow the festival into a major summer event for the community. After much research, we decided that the best course of action would be to evolve Theatre on the Edge into a branded Fringe Festival. The Fringe brand will add several new dimensions to the festival that will allow it to gain more traction within our community and beyond. It will alloys- us to gain access to a multitude of theatre acts which regularly tour the Fringe circuit every summer. For those unfamiliar with the Fringe concept, Fringes are a cutting edge theatre festival concept in which acts are chosen by lottery. The concept requires that the festival operate multiple venues over several days. Ticket prices are kept low (10$ or less) and the artists are paid the ticket revenue. The festival is budgeted based on application fees, funding, and sponsorship. There are 22 Fringe Festivals that are currently members of CAFF (Canadian Association of Fringe Festivals). The Fundy Fringe would be the only such branded festival in New Brunswick and will work cooperatively with the 4tlantic Fringe in Halifax and the Island Fringe in Charlottetown in order to attract national and international acts to the Maritime region. The Fundy Fringe Festival will also guarantee that 50% of the bookings will be reserved for theatre acts from the Southern New Brunswick region so as to allow the festival to showcase, support and develop local artists. To further the festival development process, we have reached out to Imperial Theatre, InterAction School of Performing arts, the New Brunswick Museum, and several others to form an organizational committee. The Saint John Theatre Company has an ongoing relationship with a number of funders due to the ten year track record of Theatre on the Edge. For continuity of funding, the SJTC will be central to the organization of the first Fundy Fringe Festival. The long term goal is that the Fundy Fringe will be incorporated as a separate entity supported by the SJTC, Imperial Theatre and other organizations in Saint John. We have enclosed a copy of our application to Canadian Heritage under the Building Communities Through Arts and Heritage (BCAH) program. This application explains the project in detail and includes budgeting information. The Fundy Fringe will also apply to the Province of New Brunswick under the Festival Program of the Department of Tourism, 112 Princess Street • Saint John • New Brunswick • E 2 L 1K4 Telephone: 506- 652 -7582 . Fax: 506 -652 -7585 245 246 FundyFringe Festival ............................................................................................... ............................... page 2 Heritage & Culture. Applications are also being prepared for summer students that will help drive the project. The Fundy Fringe will take advantage of programs offered by Discover Saint John in order to promote the festival throughout Southern New Brunswick and Nova Scotia. We realize that $10,000 is a substantial request to make of the City in these trying times. We can only encourage you to consider this request on the basis that, if successful, the festival will attract substantial cultural investment from provincial and federal funding partners. It has been noted recently that Saint John is severely under- represented by such funders. Municipal support for the Fundy Fringe Festival will help motivate other levels of government to offer their investment to the project. We have noted that the City of Saint John has a stated goal of creating one or two more signature summer events for our community. When one looks at the impact and scope of Fringe festivals as they exist in other markets, it is clear that the Fundy Fringe would be a worthwhile candidate for investment in order for it to develop into one of those signature events. We invite you to read the enclosed documentation and to seriously consider supporting the Fundy Fringe Festival. It will be a wonderful addition to our summer entertainment calendar. Sincerely, � N Sandra Bell Fundy Fringe Festival Co -Chair Pauline Cronin Fundy Fringe Festival Co -Chair CC: Dean Turner, President, Saint John Theatre Company Stephen Tobias, Executive Director, Saint John Theatre Company Sharolyn ( "Lee ") Lee, Executive Director, Imperial Theatre Kate Elman - Wilcott, Executive Director, InterAction School of Performing Arts 112 Princess Street • Saint John + New Brunswick • E2 1K4 Telephone: 506 -652 -7582 ® Fax: 506- 652 -7585 247 NM Canadlan Patrlmolne Heritage canadten FOR OFFICE USE ONLY Protected A when compreted Local Festivals Building Communities Through Arts and Heritage General Application Form IMPORTANT: • Please read the program guidelines carefully before completing the application. A complete application includes answers to all questions and signatures where required. • Additional guidance is available by clicking the red ? buttons. Al. Name of your Group (required) The Saint John Theatre Company Inc A2. Mailing Address Street (required) Cequired) Province/Territory (required) Postal code (required) 112 Princess Street New Brunswick E2L1 K4 A3. Telephone (required) Alternate telephone number (if applicable) Fax (if applicable) (506) 652 -7582 Extension Extension 1(506) 652 -7585 E -mail address (if applicable) Website address (if applicable) Preferred language of communication? saingohntheatrecompany.com (required) © English ❑ French A4. Contact Person Salutation (required) First Name (required) Last Name (required) Title (required) ❑ Mr. [] Ms. ❑ Mrs. Stephen Tobias Executive Director Telephone (required) E -mail address (if applicable) (506) 652 -7582 Extension admin @saintjohntheatrecompany.com A5. Legal Status (required) g Non - profit? R1 Yes [:]No Incorporated? ❑✓ Yes (Federal) ❑ Yes (Provincial/Territorial) ❑ No Corporate Registration Number 1 4091 971 3 Date YYYY -MM -DD 1994 -09 -12 In process ❑ Yes ❑ No Date applied YYYY -MM -DD On what date does your fiscal year begin? MM -DD (required) 07 -01 Is your organization or group a local band council, a local tribal council, or other local Aboriginal government? (required) ❑ Yes ❑✓ No A6. Has your group previously received funding under the Program? (required) ❑✓ Yes []No If yes, under what name? Saint John Theatre Company: Theatre on the Edge Canarg DCAP -BCAH 01F01_20120731 -eng Page Qry9 91. Name of your Festival (required) Fundy Fringe Festival (Formerly known as Theatre on the Edge) 132. Expected start date of your project B3. Expected end date of your roject YYYY -MM -DD (required; k1 YYYY -MM -DD (required) J1 2013 -01 -01 2013 -09 -30 B4. Expected start date of the festival B5. Expected end date of the' festival YYYY -MM -DD (required) El YYYY -MM -DD (required)F] 2013 -08 -21 2013 -08 -25 136. What was the start date of the previous edition 137. What was the end date of the previous edition of your of your festival? YYYY -MM -DD (required) V7 festival? YYYY -MM-DD (required) � , 2011 -08 -02 2011 -08 -21 138. In what geographic community will your feFTaH o e place? B9. Population of this geographic (city, town, village, local area) (required) $31 community (required) Saint John, New Brunswick (Southern New Brunswick) 127,000 Link to census data 810. How many previous editions of this festival have been presented? (required) L B11. Has an application related to this festival been submitted to any other federal government program(s)? (required) ❑,r Yes ❑ No If yes, to what program(s)? The company will apply for summer students related to this project 1312. Total project amount (required) $ Requested amount (required; 115,250 $ 45,250 DCAP- BCAH_Ot FD1 20120731 -eng PageM,49 I confirm that the information in this application is accurate and complete, and that the application and budget are fairly presented. I confirm that the applicant has all the necessary authorities to undertake the proposed project, or will attain these authorities prior to the approval of Departmental support for the project. I agree that once funding is provided, any change to the proposal will require prior approval from the Department of Canadian Heritage. I agree to publicly acknowledge funding and assistance by the Department, in accordance with the contribution agreement or the grant letter. I agree to submit a final report, and where required, financial accounting for evaluation of the activities funded by the Department. I agree to provide disclosure of any involvement in the proposed project, of former public servants, subject to the Values and Ethics Code for the Public Service. I agree to provide assurances that any person lobbying on behalf of my interests as the applicant is registered pursuant to the Lobbyists Registration Act and that no actual and potential conflict of interest, or contingency fee arrangement exists. I also agree to respect the spirit and intent of the laws of Canada and the various acts governing the programs of the Department of Canadian Heritage. By signing this application, I authorize the Department of Canadian Heritage to disclose any information received in this application within Canadian Heritage and the Government of Canada or to outside entities for the following purposes; to reach a decision on this application, to administer and monitor the implementation of the project or programming, or to evaluate the results of the project or programming and this program after project completion. The disclosure of any information received in this application may also be used to reach a decision on any other application of the applicant for funding under any other departmental program. In the event of an access to information request regarding the present funding application or any other information about the organization in the Department's possession, the information provided to the Department will be treated in accordance with the Access to Information Act and the Privacy Act. Where funding is approved, however, the amount of funding, the purpose for which the funds were granted and the name of the organization receiving the funding are considered public information. I confirm that I have the authorization to sign official documents related to this application for my group. Executive Director Authorized Signature (required) Title (required) Stephen Tobias Name (required) Date YYYY -MM -DD (required) Date received File number Program off=icer FOR OFFICE USE ONLY 0CAP- BCAH_01 F01_20120731 -eng Page2�19 Your answers to the following questions will allow the Department of Canadian Heritage to assess your application. It is your responsibility to provide all required information and documents. If this information is not provided, the Department will be unable to proceed with the assessment of your application for funding. Please note your application will be assessed according to the following criteria: Community engagement (50 percent), Arts and Heri and Management capacity (20 percent). You must pass every section. Your Festival D1. Please describe your festival. Include a brief statement about the type of festival you are planning and the nature of the activities that will be included. (required) The organizing committee of Theatre on the Edge,after taking a year off to reorganize and reprioritize this Saint John based festival, has made the strategic decision to evolve and re -brand Theatre on the Edge as the "Fundy Fringe Festival ". The festival will operate under the accepted guidelines of the Fringe Festival brand. This will allow the company to build audience capacity by embracing a more widely recognized brand. The Fringe concept also dictates that ticket prices must be economical - typically under $10.00 per event. This will allow for greater accessibility for audiences. The enhanced concept will allow the festival to offer greater opportunities for local artists by offering multiple venues, more diverse performance options, and the ability to be paid for their work based on attendance to their productions. While the Fringe model requires that productions be chosen based on lottery or 'first come -first serve', we will put a quota in place that will dictate 50% of the presentation opportunities will be offered to local artists. Other opportunities available to local artists will include a hospitality venue specifically for the participating theatre artists to mix and mingle. This will be a tremendous opportunity for local artists to network with visiting performers and learn more about different forms and style of theatre that will be presented at the festival. There will also be opportunities for the engagement of local music artists who would perform regularly at the hospitality venue. The Fringe festival model is extremely volunteer driven and although there will be a necessary staffing component, the festival will require substantial volunteer resources in order to maintain five different performance venues plus offer appropriate services for audiences and performers. The evolved festival concept also allows us to build more community support as it requires the partnership of other local organizations such as Imperial Theatre, Interaction School of Performing Arts, New Brunswick Museum, and Venue Saint John. DCAP- 8CAH_01F01 20120731 -eng Peggy X0#,19 Volunteer participation is a key component of community engagement. The Building Communities Through Arts and Heritage program values: • the number of volunteers involved in relation of the size of the community • the nature of the involvement • the extent to which volunteers are integral to the structure of your organization D2. Number of volunteers. Count each person only once, even if they are volunteering for numerous aspects of the project. How many volunteers will be involved in the festival? (required) 275 How many volunteers were involved in the previous editlon of your festival? (required) 141 D3. Number of volunteer hours. How many hours will the volunteers contribute to the festival? (required) 15,000 How many hours did the volunteers contribute to the previous edition of your festival? (required) 3,195 D4. Who does what ? /Role of the volunteers. Please describe how your volunteers will: Participate in planning your festival? (e.g. decision - making about programming, venue selection, dates, etc.) (required) Organizing committee will be made up of 10 volunteers who will meet regularly over the next year. This group will divide into sub -committees that deal with venue, programming, marketing, fund - raising, volunteer coordination, and artist services such as billeting. Once sub - committees are in place this committee of ten should grow to a group of approximately 60. Manage your festival? (required) Although the intent is to staff the festival, there will be a requirement of several volunteers to assist in marketing, and administrative activities. During the prep phase we estimate that at least 10 volunteers will be required to assist in marketing initiatives (erecting billboards, delivering posters and fliers, etc.) During festival week we anticipate the need for roughly 10 -20 volunteers to assist the office in managing the various venues in the uptown area. This would include things like box -office collection and management, delivery of items to various volunteers, filing daily reports, manning information booths, etc. Implement the activities? (required) Setting up venues: 10 - 15 volunteers for two to three days each Staffing venues: 5 venues requiring box office personnel and ushers for 5 days of performances: approximately 50 volunteer days requiring 25 - There will also be a need for volunteers to assist in artist management. This might include drivers, runners and guides. Tear down of venues: again: 10 - 15 volunteers for 2 days DCAP- BCAH_01 F01_20120731 -eng Page.S,of 19 Evaluate the results? (required) In addition to attendance results for the Festival, we will have a post - festival wrap up meeting for the organizing committee and any volunteers willing to attend. Comments will be collected and used to tweak the festival in the following year. D5. How many paid staff do you have? (required) 12 Please describe their responsibilities for the festival? Festival Coordinator: responsible for all aspects of festival planning and execution - answerable to festival Committee Technical Director: responsible for overseeing venue set up staffing and tear down Volunteer Coordinator: responsible for volunteer recruitment and training as well as coordinating volunteer appreciation events Marketing Director: will plan and implement all marketing and promotional activities for the festival, will also coordinate sponsor engagement and recognition Technical Staff (6) - each venue plus the hospitality tent, will have a dedicated staff person knowledgeable of the technical requirements of the various shows and who will be responsible for venue set -up and tear down, as technical transitions between various performances Admin Interns: (2 - 4 depending on summer student grants) will assist the office in all aspects of admin and marketing activities Local Communi Partners Local partners are an important element of engaging communities. The Building Communities Through Arts and Heritage program values: • groups and organizations that involve the whole community in the presentation of their festival • groups and organizations that maximize the potential contributions of friends, neighbours, businesses, and any other local community-based organizations, that will be making the festival a real community effort 106. Please complete the table below with the names and contributions (cash and /or in -kind) of the anticipated local partners for this edition of your festival. Please include contributions from the local business community, community groups, individuals, service clubs, foundations, etc. Do not include any level of government support (municipal funding will be reported in Part E of the application). Please note that the totals at the bottom of the table are calculated automatically. A completed table has been provided below as an example only, please complete the blank table using the example.' (required) Local partners Contributions (Exclude government funding) Cash In -kind Nature of in -kind Pierre's Grocery $0 $3,000 Meals for volunteers Builder's Association $1,000 $3,000 Building materials for stage Library $0 $50 Labor costs associated with creating a thematic display of local history The Community Foundation $5,000 $0 Not applicable Maria Lavallde $50 $75 Temporary donation of Mdtis period clothing_ TOTALS $6,050 $6,125 DCAP- BCAH_01F01 20120731 -eng Pageg g Table for applicant: Local partners (Exclude government funding) Contributions Cash In -kind T Nature of in -kind NB Museum $2,000 Discounted fees for venue & inhouse promo Interaction Theatre $3,250 Discounted fees for venue & in house promo Imperial Theatre $6,000 Discounted fees for venue & in house promo D &D Sound & Lights (5 venues) $2,500 Discounts for multiple tech setups Korner Grocery Use of land for Lyric Theatre Tent Venue The Saint John Theatre Company $3,250 Discounted fees for venue & in house promo Telegraph Journal $5,000 TOTALS $0 $22,000 Please note: The dollar value of the cash contributions from local partners must be carried over in your budget in Anticipated Revenue, Section 3. DCAP- BCAH_01F01_20120731 -ang P311139 9 The objective of the Building Communities Through Arts and Heritage program is to engage citizens in their communities through arts and heritage. To be eligible for funding, applicants must demonstrate that arts and heritage are a primary component of their festival. Additionally, the program will value the following: • the number of local arts and heritage artists or artisans, and performers of heritage who will perform in the festival • the nature, and the level of other activities during the festival that include or encourage interaction between members of the local community and the artists, artisans and performers of heritage. D7. Please complete the table for all eligible activities that will involve local artists, artisans ' lAand local heritage performers 4j whether or not there is a fee associated with their participation. Please note that the totals at the bottom of the table are calculated automatically. A completed table has been provided below as an example only, please use it to fill out the blank table.rl(required) ption of activity Venue Date of El activity Name of artist or group Locality of artist or group LA (if a group, please specify the number of members) Music performance: a number Town Hall June 3 Anne Ilse — Ottawa of concerts will be presented Paul Welch -- on an hourly basis, on different Rockland stages Charles Dixon Trio — Offawa Woodworking demonstration: master tumors will show the safe use of a lathe and woodturning tools Choral performances Local history talk Main June 4 Irene Chartrand — Street Rockland Jean - Gilles Leclerc Ottawa Number of Fees Artists (AR), Artisans (AS) and Heritage Performers (HP) AR AS HP CASH IN -KIND 1 $500 M�� School June 6 The Butterfly 45 Children's Chorus (45 voices) — Ottawa Museum June 7 Bruce Hammer — Orleans 0CAP- BCAH_01 F01_20120731 -eng Pag�tu 9 =� EFVRTZ $500 1 $300 1 1 $200 TOTALS: 1 50 1 2 1 1 I $2,300 1 $800 Table for applicant: Brief description of activity Venue Date of activity Name of artist or group Locality of artist or group I3 Number of Artists (AR), Artisans (AS) and Heritage Performers (HP) Fees V3 (if a group, please specify the number of members) All groups TBA see explanation letter in Fringe Description AR AS HP CASH IN -KIND Local Musical Artists Hospitalit Y Aug 21 TBA 3 225 Local Musical Artists Hosp. Aug 22 TBA 3 225 Local Musical Artists Hosp. Aug 23 TBA 3 225 Local Musical Artists Hosp. Aug 24 TBA 3 225 Local Musical Artists Hosp. Aug 25 TBA 3 225 10 - 12 Local theatre groups various locatio Aug 21 - 25 TBA so 28,125 10 - 12 visiting theatre groups various locations Aug 21 - 25 TBA 30 28,125 Assumes 5 venues 5 performances daily for 5 days with an average ticket price of $10.00 ($1.00 per ticket fee to festival) average attendance of 50 per event SUB- TOTALS 105 0 0 $ 57,375 $ 0 DCAP- BCAH_01 F01 24120731 -eng Page Mr Brief description of activity Venue Date of activity Name of artist or group Locality of artist or group .11 Number of Artists (AR), Artisans (AS) and Heritage Performers (HP) Fees (if a group, please specify the number of members) AR AS HP CASH IN -KIND TOTALS 105 0 0 $ 57,375 $ 0 NOTE: Please ensure that the total cash amounts that you record in this table are carried over in your budget, in Planned Expenses, Section 2, Fees for local artists, artisans and performers. OCAP- BCAH_01 F01_20120731 -eng Pagt99 19 D8. For new applicant or applicant who did not apply last year, complete the table by providing the number of local artists, artisans and local heritage performers. (if applicable) Previous edition Number of local artists 75 Number of local artisans Number of local performers D9. How many non -local artists, artisans and non -local heritage performers will participate in your festival? Number of non -local artists? (required) 30 Number of non -local artisans? (required) Number of non -local heritage performers? (required) The following two questions will allow us to assess the visibility given to local artists, artisans and/or heritage performers. D10. How will you promote the local artists, artisans and heritage performers? (e.g., print and electronic promotional materials that feature your local artists) (required) To promote our artists, The festival will: - design and produce detailed brochures, posters, banners, and billboards -have a budget in place for Media advertising in all newspapers in Southern NB as well as some radio - marketing budget will be enhanced by media sponsorships - coordinate with Venue SJ in order to access destination marketing opportunities in order to draw people to our community to experience our local artists - design and implement website and make use of social media to promote the festival as well as individual local artists. - install various promotional areas where individual performers can promote their work at one venue to those will be attending another venue D11. What opportunities will you provide and how will you feature local artists, artisans and heritage performers? (e.g., local artists are headliners or featured at prime time) (required) Our festival will guarantee 50% inclusion of local artists in the festival venues. They will have developed their own unique works for the benefit of festival audiences. The festival will also contract and engage numerous local musical artists to entertain at various events during the festival. The festival will also make use of local visual artists and photographers in the design and implementation of marketing collateral as well as in the documenting of the festival. OCAP -BCAH 01F01_20120731 -eng Page j�q 19 Audience D12. Attendance What attendance is anticipated for the proposed edition of your festival? (required) 6,250 What attendance was recorded at the previous edition of your festival? (required) 602 D13. What promotional activity or other means will you undertake to attract your audience? (e.g., specialized /customized promotional materials to reach specific language groups in your community, wide distribution of these materials through community newspapers, tailored programming to appeal to the demographics of your community) (required) Unlike previous incarnations of the festival which only attracted the committed Saint John Theatre Company audience base, the enhanced festival will be able to coordinate with multiple venue partners,all of whom will have an audience to draw upon. As the festival will offer many new artistic experiences for our audience, we plan to engage several local community papers as well as working with various multi - cultural groups in our community. We would hope to include Francophone and Asian artists in the festival mix to reflect the growing diversity of our community. this would require that we engage those communities via their community newspapers and websites as well. D14. English and.French are the two official languages of Canada and the Government of Canada is committed to promoting both languages. Does your community include English- speaking and French - speaking people? (required) ❑✓ Yes ❑ No If yes, please indicate what you will do to communicate with both groups and to encourage each to participate in your festival. a The Saint John Theatre Company recently partnered with elements of the Francophone community in order to produce a bilingual adaptation of Romeo & Juliet. The festival hopes to leverage these relationships in order to encourage local Francophone theatre groups to apply for inclusion in the festival. OCAP- SCAH_01F01_20120731 -eng Page M9 D15. Please describe how your festival will be accessible to the general public. (required) Include the details concerning: • ticket pricing and festival "passport" pricing • hours that performances are open to the public • venues choices • wheel chair accessibility • special transportation or shuttle services • parking • other, please specify Fringe festival tickets are designed to be economically priced with a recommended maximum ticket price of $10.00. As the artists directly receive the ticket revenues, some artists will wish even lower pricing in order to encourage attendance. Festival scheduling occurs over multiple days with multiple performances of acts occurring at a variety of times. All venues are wheel chair accessible As the various venues are all within a short distance of each other, we have not contemplated shuttle services for audience. The uptown core of Saint John has a variety of parking options. Each venue has parking. Management Capacity The organization's capacity to implement the festival will be evaluated by the capacity to manage it, the reasonableness of the proposed budget, and the results from previous editions. CAP- BCAH_01 F01_2o120731 -eng Page 1.3af,19 APPLICANT: The Saint John Theatre Company Inc. Name of festival' Fundy Fringe Festival (formerly known as Theatre on the Edge) Funding by the Program is conditional upon confirmation of cash and/or in -kind support from the applicant's municipal govemment or equivalent authority (referred to below as - "the municipality "). For applications from a local band council, local tribal council, other local Aboriginal government or equivalent authority, that authority must provide written confirmation of support. Public organizations such as police, public transportation, waste management, or libraries, if directly under the municipal authority, can also provide municipal support. Financial support from the discretionary funds of elected officials is considered a donation from an individual and cannot constitute municipal support. This form, once completed and signed, constitutes proof of support from the municipality. Support may also be confirmed in a letter that includes the cash and/or in -kind value of the municipal contribution for the event or activity. Should the municipality withdraw its support, the applicant must immediately notify the Department of Canadian Heritage. Please print this form and have it completed and signed by an authorized representative of your municipality or equivalent authority. Authorized representatives are employees of the municipal administration or equivalent authority or any elected official with signing authority. CASH This amount must appear in the budget. Total: IN -KIND The in -kind support for this festival will be as described in the (monetary value) following table. (Use additional pages if necessary) Please itemize contributions of in -kind goods and services. Total: $ 0 Name of authorized representative (required): Authorized representatives are employees of the municipal administration or equivalent authority or any elected official with signing authority. Title and municipality (required): Telephone number (required): Authorized representative's signature (required): Date YYYY -MM -DD (required): CAP -BCAH 01 F01 .20120731 -eng Pag 6119 DCAP- BCAH_01 F01_20120731 -eng Pag' 5,119 Communities • and Heritage Environmental Assessment EXCILISion Questionnaire The applicant shall ensure that all activities comply with federal, provincialfterritorial and municipal laws and regulations, and related law or guidelines with respect to environmental matters. If an environmental screening or assessment is required, the applicant organization is responsible for the environmental assessment and for any associated costs. The following questions will help determine whether your project will require an environmental assessment under the Canadian Environmental Assessment Act before Canadian Heritage can contribute any funding. A program officer will contact you if further information related to environmental assessments is required. Please answer all relevant questions: For your Events 9. Will there be any installation, modification or demolition of a temporary exhibition structure (e.g., a stage, bleachers or a tent) that is located outside or is not affixed to the exterior of an existing building? (required) Yes ® No ❑ If yes, please answer questions a) and b): If no, please continue to question 2: a For a tent if applicable): Serviced Land ✓ Unservlced Land ❑ Will the event take lace on: P If serviced land, con roue to section b) If unserviced land, complete questions below Will the structure have a footprint greater than 500 square meters? Yes No ✓ Will the installation and dismantling be carried out within 30 meters of a body of water? Yes No ✓ Will the installation and dismantling involve the likely release of a polluting substance Yes ❑ No [✓] into a bod of water? b For a stage, bleachers or other amporary exhibition structures If applicable): Will the structure have a footprint greater than 25 square meters? Yes No ✓ Will the installation, modification or demolition be carried out within 30 meters of a body Yes ❑ No 0✓ of water? Will the installation, modification or demolition involve the likely release of a polluting Yes ❑ No ❑✓ substance into a body of water? 2. Will there be any construction, installation, operation, expansion, modification or removal of a sign which involves the likely release of a polluting substance into a body Yes ❑ No ❑ of water? (required 3. Will the activities take place in a National Park, National Park Reserve, National Historic Site or Historic Canal? (required) Yes ❑ No ❑✓ If es: Provide the name and location of the park, reserve, Name: site or canal and answer the following uestions: Location: Will the activities take place outside the boundary of a town or visitor centre? Yes No ✓ Was a license required by Parks Canada? Yes No ✓ Is an environmental assessment required by Parks Canada? Yes No ✓ 4. Will the activities take place on a First Nations Reserve? (required) Yes ❑ No 0 If es: Is the applicant the Band Council or a member of the First Nations Reserve on which Yes ❑ No 0 the project is taking lace? Your answers to any of the above questions will assist in determining if an environmental assessment may be required befog Canadian Heritage can contribute funds to this pTiect. Signature (required) Date YYYY -MM -DD (required) DCAP- BCAH_01 F01_20120731 -eng Pag' 5,119 FOR OFFICE USE ONLY — OFFICER ATTESTATION CHECKLIST Q No EA required ❑ No EA required, the project to a physical activity on the inclusion list but excluded based on article K, 73..4 or 13 3 of Part i or article 57 of Part IX of the Schedule and associated clause 28(2) of the Indian Act Q No EA required, the project is excluded based on article 5 or article 6, Schedule 4, Part's 'of the exclusion list Q An EA was previously completed for this client (Date' ) and is documented on file Q An EA is required and follow up action will be taken Officer Signature (required) Date YYYY =MM-DO (required) >' DCAP- BCAH_01 F01_20120731 -eng pagV6119 Unincorporated groups must have at least three members. The signatories of this form represent the total membership of the organizing committee of the (name of festival) (required) and confirm that: at least three members are 18 years of age or older no more than 25 percent of the membership of the applicant group are elected officials or employees of any government (federal, provincial/territorial or equivalent authority) Where the applicant is not incorporated, it is agreed that all members of the applicant group named below shall undertake to be personally, jointly, and severally liable for all obligations, covenants, promises, liabilities, and expenses arising out of the financing, which may be granted to the applicant. The unincorporated applicant must open a bank account in the name of its group (applicant's name) (required) In the event that funding should be awarded by the Department of Canadian Heritage, a cheque will be issued in the applicant's name. Name of the applicant (required) Festival dates YYYY -MM -DD (required) From Locality of festival (required) LEO We, , are members of the applicant group and we sign the application to the Local Festivals component on behalf of the applicant group. In addition, we, the undersigned, authorize Name and title (required) Signature (required) to represent the applicant regarding all matters related to, or arising out of this application for funding. Please note authorized signatories can only be persons in your group other than elected officials or employees of any government (federal, provinciallterritorial, municipal or equivalent authority). Name and title (required) Name and title (required) Elected official or employee of any level of Elected official or employee of any level of government? (required) govemment? (required) Yes ❑ No ❑ Yes ❑ No ❑ Home address (required) Home address (required) City, Province, Postal Code City, Province, Postal Code Signature (required) Signature (required) DCAP- BCAH_01 F01_20120731 -eng Pag"Mt19 Name and title (required) Name and title (required) Elected official or employee of any level of Elected official or employee of any level of government? (required) government? (required) Yes ❑ No ❑ Yes ❑ No ❑ Home address (required) Home address (required) City, Province, Postal Code City, Province, Postal Code Signature (required) Signature (required) Name and title (required) Name and title (required) Elected official or employee of any level of Elected official or employee of any level of government? (required) government? (required) Yes ❑ No ❑ Yes ❑ No ❑ Home address (required) Home address (required) City, Province, Postal Code City, Province, Postal Code Signature (required) Signature (required) Name and title (required) Name and title (required) Elected official or employee of any level of Elected official or employee of any level of government? (required) government? (required) Yes ❑ No ❑ Yes ❑ No ❑ Home address (required) Home address (required) City, Province, Postal Code City, Province, Postal Code Signature (required) Signature (required) DCAP- BCAH_01F01_2 01 207 3 1 -eng Pag Me 19 The signed Application Checklist is a required document for a complete application. Please check the boxes to indicate what documents you have included in your application package and include this list with your application. All applications must Idcludoa ❑ The Application Form Parts A to F (signatures required) ❑ Part I — The Local Festivals Budget ❑ Brochures, programs and reports from your last festival ❑ Part H —Application Checklist (signature required) Incorporated applicants must include: ❑ A copy of your organization's letters patent and documents of incorporation ❑ A copy of your organization's bylaws ❑ A copy of your organization's two most recent financial statements (audited if available) ❑ A list of your Board of Directors with a clear indication of which members are elected officials or employees of any level of government Unincorporated applicants must include: ❑ A copy of your articles of association ❑ A copy of your two most recent financial statements (audited if available) ❑ Part G —The Unincorporated Applicant Acceptance of Liability form (signatures required) I attest that the information has been included in the application. Authorized Signature (required) Name (required) Date YYYY -MM -DD (required) DCAP- BCAH_01 F01_20120731 -eng pageA 119 C d ce Part 1 - Budget — Local Festivals AJ Urwrri .... ha .. 1m s.. II hla by clrckina the red'?' butttons. FOR OFFICE USE ONLY Frobded A when eomplVed Applicant Name: PLANNED EXPENSES J FINAL EXPENSES OF YOURPRBVIOU$ FESTIVAL PLANNED EXPENSES OF YOURCUPRENT FESTNAI. G R REQUESTED CASH qtly CASH only 10 1 Volunteer support Training $750 $750 Food and non - alcoholic beverages $274 $1,000 $1,000 Transportation and partdng Distinctive clothing $538. $2,000 $2,000 Recognition $500 $500 other, please specify below 2 Local artists, artisans, and performers of historical heritage Fees and expenses $5,040 $2,500 $2,500 Transportation Food and non- alcoholic beverages $1,009 $1,000 $1,000 Copyrights or other licensing fees other, please specify below 3 Non -Local artists, artisans and performers of historical heritage Fees $1,500 $2,500 Expenses $2,132 $2,000 4 Production Non- capdal expenses related to setting up temporary venues (e.g. rental stages, tents, risers) $8,500 $8,500 Venue rental (e.g. rental of theatres, auditoriums, other performance or presentation spaces) $10,196 $24,000 $24,000 Exhiblllons (e.g., shipping, framing, Installation, dismantling) Rental of technical equipment $1,984 $7,500 Traffic barrier rentals Portable tollet rentals $2,000 Garbage removal, service or rentals $1,000 Security $3,500 Other, please specify below Costumes, set $411 Refreshment costs $1,268 $1,000 ()CAP- BCAH_01801 20120731 -ang Page 1 of 3 CanacM 268 PLANNED EXPENSES ��C FINAL EXPENSES OF YOUR PREVIOUS . FFSTNAL CASH oriy . S Promotion Expenses aimed at the local community eav sl oat webslis e� $3,698 Expenses aimed at the norNocal community (a0yGrtl5jMq, posters, fl ens w2tote u dal other, please specify below $40,000 6 Project Administration Salaries $6,968 operaling costs Liabillty Insurance Other, please spedfY below general admin & office $45,250 Total funding requested from the Loral FeslYvals Componsnt GRAND TOTAL EXPENSES $35,018 DCAP- BCAH_01801_20120731 -ng Page 2 of 3 269 PLANNED EXPENSES OF YOUR CURRENT FESTNAL FUNDING REQUESTED CASH onhr $5,000 $51000 $2,000 $40,000 $1,000 $7,500 $45,250 $115.250 Part r - Budaat -- Local Festivals Applicant Name: ANTICIPATED REVENUE R FINAL, REVENUE OF YOUR PREVIOUS FESTIVAL ANTICIPATED REVENUE OF YOUR CURRENT F9MAL CASK only CASH only Earned revenue Tldcatsales $9,549 $5,000 Merchendlsingand other aatea $2,110 $3,000 Klosk rentals other, please specly below Application fees $5,000 2 Applicant's contribution Please specify below 3 Local support Community Partners Total cash support from all your local partners (e.g. non - government, community- based groups, businesses, individuals, clubs) $1,250 $22,000 4 Govemmem support j� Faders/ Upped BCAH LOCAL FESTIVALS Component $5,800 $45,250 Other, please specify below Summer Student employment $6,621 $10,000 Provww or tamtonai *up"" Please specify below Wellness, Cult, Sport (NB) $6,000 $10,000 Summer Students (SEED) $5,000 M atUmlrfclratton or squWxtHK Please specify below SJ Comm Arts Fund $3,000 City of Saint John $10,000 a Non -Local Support Community Partners other community support other than local (not including municipal, provincial and federal) GRAND TOTAL REVENUE $34,330 $115,250 Is there a difference between the expenses of the previous edition and those of the current years' budget? YES Q NO F1 Please explain: As per our application, the festival is being totally revamped. Does your festival project a surplus of more than 10 %7 YES ❑ NO Q Please explain: DCAP•BCAH_01601 _20120731 -eng Page 3 of 3 270 September 27, 2012 + To Whom It May Cancern: r" I wouid like to indicate Imperial Theatre's support for, not to mention exciteanent about; the potential Fundy Fringe Festival. It would be an excellent addition to the artistic life of the conamunity, and a great opportunity for a wide variety of performers and performances to be t seen in Saint John. As one of the partners of the Festival, Imperial would contribute in the form of advice., .' and support, subsidized rental costs for our venue, marketing and publicity, and the use of our largo volunteer corps. An estimated dollar value of that support is included below. It is my hope that this Festival will proceed, and the our theatre will be used in new and exciting ways. Imperial Theatre Support Regular Rental for 1 Week = $8000. Rental for Fundy Fringe = $5000 Imperial Contribution = S3000 Regular Cost of Program Advertising, Website Presence, Postcring = $3000 Imperial Contribution = $3000 Please do not hesitatc to contact me if you have any questions. Sincere , SG Lee $xecutive Director Impalal Theatre I=, M King Square South Saint John, New Brunswick, Canada, Eli. 5B8 Adu nistr UOR (5o6) 674 - 711 Box owxe (50) 674-4100 FaoOmHe (50) 674 -4141 imperWanbaer.nb.ca. www.inipe6akheatre.nbxa 271 ,n_ 1 7U city Of Saint John September 30, 2012 Department of Canadian Heritage Site 106, Sd floor 1045 Main Street Moncton, NB E1 C 1 H1 Re:. BCAH application; Saint John Theater Company, Fundy Fringe Festival 2013 1 am writing in support of the Saint John Theatre Company's grant application to the Canadian Heritage program entitled "Building Communities Through Arts and Heritage." As you are aware, municipalities in New Brunswick are currently in the process of planning their 2013 budgets. The next application deadline for municipal grants provided to arts organizations in Saint John, through the Saint John Community Arts Funding Program will not be until April 2013. However, the City of Saint John provides promotional services through its weekly Cyber Events Calendar (distributed electronically to over 4,500+ subscribers). The City also places the Theatre Company's notices on its municipal website. All listings on the City's Events Calendar automatically are promoted through social media's two most popular sites, Twitter and Facebook. Total advertising value of these services, provided by the City, is worth a minimum of $4,000 or more per year. The Saint John Theatre Company's summer initiatives have received municipal grants in the past five years ($1,000 in 2007; $2,000 in 2008; $3,000 in 2009; $2000 in 2010, and $3,000 in 2011) from the City's arts grant program, and there is no reason to believe that they will not receive another grant in 2013 for the Fundy Fringe Festival. The City of Saint John continues to be supportive of the Saint John Theatre Company and its activities. We trust you will give strong consideration to their grant application. Yours truly, Bernard J. Cormier Cultural Affairs Officer, City of Saint John (506) 649 -6040 f L� SAINT JOHN P.O. Box 1971 Saint john, NB Canada FA 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L7 272 ]D1SC0VEP,DfEC0UVPLEZ l SAINT JOHN October 1, 2012 Department of Canadian Heritage Site 106, 3`0 Floor 1045 Main Street Moncton, NB EX 11-11 Re:13ACH Application: Saint John Theatre Company, Fundy Fringe Festival, 2013 I am writing to recognize Discover Saint John's support of the Saint John Theatre Company's grant application to the "Building Communities through Arts and Heritage" program of Canadian Heritage. Discover Saint John is in support of the transition of Saint John Theatre Company's Theatre on the Edge festival to The Fundy Fringe Festival. Each year, the tourism industry in Saint John welcomes approximately 1.5 million visitors who spend approximately $ X billion annually on a variety of goods and services in our community, including entertainment. Festivals like Saint John Theatre Company's Theatre on the Edge, and now The Fundy Fringe Festival help Saint John to draw visitors from the surrounding communities, cities and provinces. There is a broad base of community support for the reinvention of this festival and the Saint John Theatre Company, as well as representatives from a number of other organizations, is already committed to ensuring this festival's success. Discover Saint John is willing to advise and assist the Saint John Theatre Company in taking this festival to market outside of the Saint John region. It is a unique event to not only the city, but the province, and one that has the potential to grow in popularity and reach year over year. The Saint John Theatre Company has a strong track record of summer theatre festivals behind it, and the experience and commitment to bring this event to fruition, with the help of grants like yours. Respectfully Submitted, �p Ross JeffeWson Executive Director Discover Saint John PO box 1971 • 110 Floor - City Hall • 15 Market Square - Satnt John Ne-•° B.- unswick Canada • E2L 4L1 T506.653.2990 1`506,02.E11� discoverSaintJohn.com 273 W ENTERPRISE , SAINT JOHN inspiring people, ideas & investment October 1, 2012 Department of Canadian Heritage Site 106, 3rd Floor 1045 Main Street Moncton, NB E1C 1H1 Re: BCAH A lication: Saint John Theatre Comany, Fundy Fringe Festival 2093 Enterprise Saint John is pleased to provide this letter of support for the Saint John Theatre Company's Building Communities Through Arts and Heritage application to present the Fundy Fringe Festival in 2013. As the economic development agency for the Saint John region, which includes the municipalities of Grand Bay - Westfield, Quispamsis, Rothesay and St. Martins, we recognize the fundamental role arts and culture play in growing the economy and in attracting new people, ideas, and investment to Saint John and the entire region. Our community members have highlighted the need for at least two signature summer celebrations and we believe the Fundy Fringe Festival would fill a void that currently exists for residents while increasing the visibility of our region as a destination to visitors. The Saint John Theatre Company's long- running Theatre on the Edge Festival attracted audiences and performers from Southern New Brunswick and beyond with events in the multiple disciplines of theatre, dance, music and film. It seems a natural progression that this proven event should evolve into a re- branded festival which, as part of its model, will have access to a huge network of touring theatre acts that work the Fringe Festival circuit every summer. Enterprise Saint John has worked with the Saint John Theatre Company on a number of initiatives over the years and is supportive of its leadership and vision for the Fundy Fringe Festival. We trust Canadian Heritage will give serious consideration to their grant application. Sincerely yours, Steve Carson CEO, Enterprise Saint John Grand Bay - Westfield • Quispamsis • Rothesay • St. Martins • Saint John 274 SAINT �.-OHN THEATRE COMPANY October 4, 2012 The Mayor and Common Council FREC-EIVE�D City of Saint John LERK'S OFFICE; PO Box 1971 Saint John, NB 17 2012 E2L 4L1 Re: Annual Operational Funding CITY OF SAINT JOHN Dear Mayor and Council, I am writing on behalf of the Board, staff and key volunteers of the Saint John Theatre Company to thank you for the past support of the City of Saint John and to request that the city again make room for the company in your budget for 2013. For several years, the City of Saint John has been generously contributing $10,000 to support the operational activities of the company. In the 2011 -2012 Season, the Saint John Theatre Company continued to maintain a leadership position in the artistic community. The company is the most prolific and diverse producer of English Language Theatre in New Brunswick having produced or presented 25 works of theatre in several series: the Main Stage Series at Imperial Theatre; the Studio Series at 112 Princess Street; the Professional Presentation Series at 112 Princess Street; and the Theatre on the Edge summer festival. These various productions generated over 80 public performances that were seen by over 15,000 people. The company has played a leadership role in the development and training of local theatre practitioners. In the 2011 -2012 Season, the company worked with over 200 people from the Greater Saint John community. These local performers and technicians were supported and mentored in their work by the contributions of over 50 working professionals who were engaged by the SJTC over the course of the season. These professionals offered multiple workshop and training opportunities for our local artists while engaged with the company. The Saint John Theatre Company continued to serve as a substantial educational resource for the community. The company continued to offer university courses in partnership with UNBSJ. The SJTC Education Outreach culminated in the bilingual adaptation of Romeo & Juliet, presented at Imperial Theatre in May of 2012. Over 800 local high school students attended the production. Visiting guest artists offered seminars at local high schools and the company produced a bilingual study guide for the project. Other fast facts about the Saint John Theatre Company's 2011 -2012 Season: - The SJTC Main Stage Series remains the largest and most consistent customer of Imperial Theatre which included in the 2011 -2012 season: o Four weeks of rental time o Four successful and acclaimed productions • The Rocky Horror Show - Saint John Premiere • A Christmas Carol - Original adaptation by local playwright Bob Doherty • The 39 Steps - Saint John Premiere and the first major partnership with TNB from Fredericton • Romeo & Juliet - premiere of original bilingual adaptation o $88,000 in event fees paid to Imperial Theatre o $11,500 in Imperial Theatre Performance Trust Fund Fees paid by our Main Stage audiences 0 1330 hour of employment for Imperial Theatre Technicians and support staff 0 20 public performances 112 Princess Street • Saint John • New Brunswick • E2L 1K4 Telephone: 506 - 652 -7582 • Fax: 506 - 652 -7585 www.saintjohntheatrecompany.com 275 SaintJohn Theatre Company .............................................................................................. ............................... ...........................page 2 o Participation of over 200 aspiring theatre practitioners from Southern NB o Attendance of over 9000 for the Main Stage Series o Participation and attendance of over 3000 students from local high schools in collateral programming and school visits. 0 4 special Post -Show Q &A sessions o $28,223 in student discounts on 1682 tickets purchased by students for the four Main Stage productions - The company once again offered a Studio Production series at 112 Princess Street - The company offered the first ever Professional Presentation Series which offered 3 unique productions from Ontario and Nova Scotia to Saint John audiences - Theatre on the Edge 2011 was the largest summer festival ever: 0 3 original plays 0 3 co- productions 0 2 Shakespeare In The Park -ing Lot productions 0 3 presented works In total the SJTC produced or presented 25 theatre productions in the 2011 -2012 season Over 80 performances attended by 15,000 people 5 Master Class offerings with National Class instructors Budget for the year: $485,000 50 professional creative contracts valued at just under $100,000 Professional Administrative Support Staff at a cost of $120,000 Add to this the impact on local restaurants, and other service industries that help support our audience, as well as the various support services such as print shops, advertising agencies, building supplies, photographers, and graphic artists who support the SJTC production work, and it is clear that the impact of the theatre company on the local economy is as significant as the impact on local culture. It is our hope that the City of Saint John will recognize this impact on our community by continuing to invest in your theatre company which continues to grow and develop. The SJTC has another busy year planned including: - Main Stage at Imperial Theatre: • The Rocky Horror Concert, Oct 31 • God of Carnage, Nov 22 -24 • Sweeney Todd, Mar 21 -23 • Orwell's 1984, May 16 -18 - Professional Presentation Series at 112 Princess Street: • Hamlet (Solo), Oct 25 -27 • Trudeau Stories, Feb 14 -16 • The Cave Painter, Apr 11 -13 - SJTC Studio Productions: o Twisted Dickens, December 0 2 other member - driven studio productions TBA The SJTC will also play a leading role in the development of the Fundy Fringe Festival which is slated to occur in August 2013 112 Princess Street • Saint John • New Brunswick • E21, 1K4 Telephone: 506 - 652 -7582 • Fax: 506 - 652 -7585 www.saintjohntheatrecompany.com 276 SaintJohn Theatre Company .................................................................... ............................... ......................page 3 .... ............................... - The SJTC will engage in numerous collateral activities in order to facilitate training and education outreach: • Classics for the Classroom • Professional Guest Artist Program • Master Classes and Workshops • Partnership with UNBSJ Credit Courses • Fundy Reads partnership with the SJ Free Public Library I would also like to take the opportunity to reference the much discussed funding imbalances that exist within our province. It has been noted that Saint John artists and arts organizations receives far less cultural funding than any other community or region of the province. The SJTC is typical in that regard. Currently, the SJTC receives $16,000 in operational subsidies from the province. Other comparable theatre organizations are receiving between $80,000 and $130,000 under the same program. Currently, the Saint John Theatre Company has budgets that rival every other theatre organization in the province when government operational funding is removed from the model. The SJTC has a larger audience and has worked to earn a greater level of corporate support than all of the other major theatre organizations. What we are missing is stable operational funding at the provincial and federal level. The SJTC has been involved in protracted negotiations with the province and we have reason to believe that we will ultimately be successful in increasing the provincial investment to allow us to further professionalize and grow the company. This will also facilitate the engagement of federal funding partners such as the Canada Council. The continued support of our city is an asset in these discussions with the Department of Tourism, Heritage and Culture. It is fair to say that, at this point in time, the Saint John Theatre Company and its associated projects represent one of the best opportunities to attract further provincial and federal cultural investment to our community. To facilitate this, the SJTC needs the continued support of our municipal funding partner, both in terms of financial support and in terms of helping us to lobby other levels of government. Again, on behalf of the Saint John Theatre Company Board of Directors, membership and volunteers, I want to thank the City for all the support that we have received over the years. Should you wish to meet with any SJTC representatives to further discuss the activities of the company, we would be pleased to take the time to meet and further detail the activities of the company. Regards, Stephen Tobias Executive Director cc: Dean Turner, SJTC President Sarah Dever Letson: SJTC Vice - President Robert Crowley, SJTC Treasurer 112 Princess Street • Saint John • New Brunswick • E21, 1K4 Telephone: 506 - 652 -7582 • Fax: 506 - 652 -7585 www.saintjohntheatrecompany.com 277 Tibbits, Kelly From: Taylor, Jonathan Sent: Wednesday, October 31, 2012 8:42 AM To: Tibbits, Kelly Subject: FW: Item 15.3 - Fundy Engineering Letter RE Safe Clean Drinking Water Program Groundwater Exploration Attachments: image001 -png Kelly, Would you add this email into the agenda packet for Oct 29th? Both the PDF and the paper copy Thanks From: Gormley, Elizabeth Sent: October -30 -12 8:42 AM To: Taylor, Jonathan Subject: FW: Item 15.3 - Fundy Engineering Letter RE Safe Clean Drinking Water Program Groundwater Exploration From: Norton, Mel Sent: October -29 -12 4:46 PM To: Gormley, Elizabeth Subject: Fwd: Item 15.3 - Fundy Engineering Letter RE Safe Clean Drinking Water Program Groundwater Exploration Letter withdrawn - see below Mel Norton Mayor City of Saint John me1.norton @saintiohn.ca 1.506.639.7539 Begin forwarded message: From: Matthew Alexander <matt.alexander @fundvene.com> Date: 29 October, 2012 4:33:19 PM ADT To: "mel.norton @saintiohn.ca" <mel.norton @saintiohn.ca >, "co_mmonclerk @saintiohn.ca" <commonclerk @saintlohn.ca> Cc: Tim Ryan <tim.ryan @fundyeng com >, Gord Mouland <go_rd.mouland@fundyeng.com> Subject: Item 15.3 - Fundy Engineering Letter RE Safe Clean Drinking Water Program Groundwater Exploration Your Worship and Members of Council: Myself and Tim Ryan, on behalf of Fundy Engineering, wish to withdraw our letter that is listed as item s15.3 on the Council agenda for 29 October 2012. It is our hope that this can be struck from the Council agenda tonight. Respectfully submitted, Matt Alexander knowledge is progress O Dr. Matthew Alexander, Ph.D., P.Geo., EP Senior Environmental Scientist www.fundyenci.com I T. 506.674.9422 I F. 506.635.0206' C. 506.636.1806 j Twitter: h2o_doc Serving Our Clients' Needs First This information is intended only for the use of the individual(s) named in this email. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or action taken in reliance on the contents of these documents is strictly prohibited. If you have received this email in error, please notify the sender immediately and also delete the communication and its attachments without forwarding it. Many thanks. fundy@fundyeng.com www.fundyeng.com Mayor Mel Norton and Saint John City Council % Common Clerk's Office, City Hall PO Box 1971 Saint John, New Brunswick E2L 41-1 18 October 2012 RE: Safe and Clean Drinking Water Program Groundwater Exploration Your Worship and Members of Council: We have been following media updates over the past few months regarding developments in the search for alternative sources of a safe and clean municipal drinking water supply. We are very excited to hear that the City of Saint John is interested in exploring options to obtain some or most of its drinking water from groundwater sources! Unfortunately, we are also very disappointed to hear that we would not have an opportunity to submit a proposal for the field explorations approved at Council on October 15th. Previous discussions with City staff gave us every indication that we would be afforded a chance to bid this publicly funded work in our hometown. We continue to find it troubling that the City often goes outside of our community for engineering and construction services without providing the opportunity for local firms to bid on this work. This practice may be one of the leading factors that resulted in Saint John being ranked as 78 out of 100 Canadian municipalities as being business friendly. We feel compelled to formally point out to City staff and Common Council that Fundy Engineering is a locally owned and operated mid -sized multi - disciplinary engineering and consulting firm. We were incorporated in 1989 and we have grown to a staff of almost 40 highly educated people at our 27 Wellington Row uptown office. One of our core services is Environmental Engineering and within that department we have engineers and geoscientists with Masters and Doctorate degrees in hydrogeology. As such, we are well- versed in the search for groundwater supplies in southern New Brunswick. Although we applaud the City's search for a clean and safe drinking water supply, we find it extremely puzzling in this climate of fiscal restraint that the City would not tender this work to ensure the municipality is getting the best value for our increasingly limited resources. It is our hope that future phases of this work will be publically tendered to ensure best pricing and the utilization of local talent who have made and continue to make significant investments in this community. �1 Respectfully Submitted, ` �,+ot"'ewer�,'` Fundy Engineering & Consulting Ltd q*,0v ESSlo/yq4 �y Pti0 rye of New 0, Q� #M4414 �w �•� Tim A. Ran " #N16434 ` ?, Y Mattheir Alex nder, q z J CI v L Date'` c{ t ap1,1 �'Q�� d� Nouveawe� Dr. Matthew D. Alexander, P.Geo., E QU Tim A. Ryan, M.Eng., P.Eng. cc: Mr. Dean Price, P.Eng., Municipal Engineer Mr. Bill Edwards, P.Eng., Commissioner Mr. Patrick Woods, CGA, City Manager October 16, 2012 FROM: Polaris Institute SUBJECT: Municipal P3 projects and PPP Canada Inc. Dear Mayor and Councillors, Enclosed you will find a short two page background paper about Public Private Partnerships (133's) and the key role that PPP Canada Inc. is now playing in promoting the P3 model across Canada. PPP Canada Inc. manages the only remaining federal infrastructure fund, the P3 Canada Fund, which will only be available for projects delivered as public - private partnerships (P3s). The background paper will help counselors who might have questions or concerns about P3s in general and PPP Canada Inc. in particular. We encourage you to consider and discuss the three enclosed sample municipal resolutions that insist that federal infrastructure funding for local governments not be limited to or conditional on P3s. For additional questions, follow -up, or to request an electronic version of this letter and background paper please feel free to contact us at the coordinates below. Sincerely, v Richard Girard Polaris Institute 500- 180 Metcalfe, Ottawa, ON K2P 1P5 613 - 237 - 1717x105 richard @polarisinstitute.org POLARIS Institute 180 rue Metcalfe Street, Suite 500, Otta,; a, rio :2P I PS e- i- .ai'icouniel: polaris @polarisinstitute.cro ^ola,i_institute.org POLARIS Institute U.S.A. 231 Elm ,venue, ill vaile,•, �_121ifo,ria, US,� 94941 279 PPP CANADA: BACKGROUNDER FOR MUNICIPALITIES Municipalities across the country are struggling to find adequate sources of federal funding for essential infrastructure projects. Prior to and during the 2008 recession, the federal government funded infrastructure projects with local governments under the Building Canada Plan (BCP) and the Economic Action Plan. However, the majority of this funding for municipal infrastructure has already run out, and consultations have just begun for a new federal infrastructure plan that will be launched in 2014 — leaving a major municipal funding gap. The only federal program funding remaining for municipal infrastructure is the P3 Canada Fund administered by PPP Canada Inc. The $1.2 billion fund has $250 million left in its budget for each of 2012/13 and 2013/14. The key difference between the P3 Canada Fund and the BCP or Economic Action Plan is that funding provided through P3 Canada will only go to projects delivered as public - private partnerships (P3s). This means Canadian municipalities seeking federal financial support to build or upgrade essential infrastructure have no choice but to enter into risky P3s, which are a first step on the road to privatization. This backgrounder provides critical information about P3s and PPP Canada Inc. for mayors and municipal councillors who are either considering applying to PPP Canada Inc. for funding, or have been approached by the crown corporation to apply for funding. What is PPP Canada Inc.? PPP Canada Inc. is a federal crown corporation established in 2008 to promote and fund P3s in municipalities, provinces and First Nations communities. PPP Canada Inc.: • Manages the $1.2 billion P3 Canada Fund, providing up to 25 per cent of municipal and provincial P3 project costs; • Actively promotes P3s in municipalities across the country through presentations and general outreach, and in turn assesses projects for P3 suitability; • Has completed three rounds of proposals and launched its four round in the spring of 2012; • Has approved eleven projects as of September 2012. One has since been cancelled and another was rejected in a community referendum; • Has identified municipalities as the "next frontier for Canadian P3s" and is actively encouraging municipalities to apply for P3 funding for large infrastructure projects, including water and wastewater facilities. What is a P3? P3s are multi- decade contracts for private delivery and management of public services or infrastructure. The private sector has always played an important role in conventional public sector procurement, WE designing and constructing public infrastructure. However, in P3 contracts the private sector's control extends into financing, management, operations and /or ownership of public infrastructure and services. P3s are a form of privatization, and have lead to higher costs, lower quality and loss of public control. The long term financial obligations of P3s are a form of debt which may be hidden from the public. P3s are controversial and come with serious risks that are ultimately borne by city councils. As well, higher costs and a loss of democratic control are well- documented P3 consequences. Around the world and in Canada, auditors general and other academics and analysts have cast doubt on the assumptions and claims made about the advantages of P3 procurement. The long -term financial obligations of P3s are a form of debt that the public sector owes to the private corporation. The private corporation acquires a profit for their shareholders during the process of repayment. Experience in Canada, the United Kingdom and elsewhere shows that the risks of P3s are not only economic but involve the loss of local governance over essential public services. Why should municipalities be concerned? The problems with P3s are well -known in Canada and around the world. P3s add lengthy delays and additional transaction costs to the procurement process. P3s cost more than publicly procured and delivered infrastructure and services, and P3s lock in for - profit delivery for decades — limiting the decision - making power of future municipal governments. PPP Canada Inc.'s mandate to build a P3 market in Canada reflects a broader federal government agenda to decrease the role of the public sector in delivering public services and shift responsibilities to the private sector. PPP Canada Inc. is actively lobbying municipalities to apply to the P3 Canada Fund. With P3 funding as the only option for rebuilding Canada's public infrastructure, municipal politicians are being forced to consider privatized financing, delivery and operation of public services and infrastructure. Some Canadian municipalities have recognized these risks and are pushing back against the federal government's efforts to tie infrastructure funding to compulsory P3s. Local officials have begun to call on the federal government to provide more options for municipalities seeking infrastructure project funding. Possible municipal actions 1. Pass a resolution opposing municipal infrastructure funding that is tied to P3s, and send a letter to the federal government requesting that federal funding be made available for publicly procured and delivered infrastructure projects. 2. Contact your provincial municipal association and the Federation of Canadian Municipalities about this issue, and support the FCM's advocacy work towards a long -term federal infrastructure plan. 3. Learn about the risks P3s pose to your municipal budget, infrastructure and services over time, and consider the alternatives to P3s in your community. 281 Sample municipal resolution on infrastructure funding WHEREAS municipalities are facing an infrastructure funding shortage now that the federal infrastructure stimulus program is over, and the Building Canada Fund is fully allocated; and WHEREAS currently there is no federal infrastructure money available to local governments other than through public - private partnerships (P3s); and WHEREAS the federal government has begun consultations on a new national long -term infrastructure program; and WHEREAS local governments should have choices as to the structure of the development of infrastructure projects and not be limited to P3s; THEREFORE BE IT RESOLVED that council write to the federal government requesting that federal infrastructure funding for local governments not be limited to or conditional on P3s, and asking that local governments be given a choice of funding arrangements that does not involve privatizing through a P3; and BE IT FURTHER RESOLVED that this resolution be sent to [INSERT NAME OF PROVINCIAL MUNICIPAL ORGANIZATION(S)] and the Federation of Canadian Municipalities for consideration at their next convention as policy for those bodies; and BE IT FURTHER RESOLVED that a copy of this resolution be made public and distributed to the federal opposition finance critic; the federal opposition critic for transport, infrastructure and communities; local members of parliament; and local members of the legislative assembly. 282